Wierd question: 1-864 and 2005 tax vs filling status

[Yodrak 7]

flipcaneze,

Where did you get this bit of mis-information from?

Yodrak

....

-In order to get a ITIN you must prove that you and your spouse have lived together for at least six months. (Even outside of the USA)

...

[flipicaneze 20]

flipcaneze,

Where did you get this bit of mis-information from?

Yodrak

....

-In order to get a ITIN you must prove that you and your spouse have lived together for at least six months. (Even outside of the USA)

...

This is what I talked to about with a tax guy.

[Yodrak 7]

flipicaneze,

Find a new tax guy.

And read form W-7 yourself - you'll see that there is no requirement about living together, no evidence required that relates to living together.

Yodrak

flipcaneze,

Where did you get this bit of mis-information from?

Yodrak

....

-In order to get a ITIN you must prove that you and your spouse have lived together for at least six months. (Even outside of the USA)

...

This is what I talked to about with a tax guy.

[flipicaneze 20]

flipicaneze,

Find a new tax guy.

And read form W-7 yourself - you'll see that there is no requirement about living together, no evidence required that relates to living together.

Yodrak

flipcaneze,

Where did you get this bit of mis-information from?

Yodrak

....

-In order to get a ITIN you must prove that you and your spouse have lived together for at least six months. (Even outside of the USA)

...

This is what I talked to about with a tax guy.

I just did my taxes

[hoppers69 0]

This comes directly from the IRS at http://www.irs.gov/publications/p519/ch01.html#d0e1644

I provide all the support for my wife (academic scholarship student) and stepson and I am entitled to claim them as dependents under U.S. tax laws. I have done so since 2003 and I do not worry at all about an audit.

Alcurin - My wife has been in the USA since May 2005, she did not work in Germany where she is from and did not work here in the USA. We got married on July 29th 2005 and she got her SSN# in Nov 2005. When in Turbo Tax I claimed her as a dependent - it said my spouse cannot have the same SSN as the dependent (her). How do you do this for your spouse and is it possible? (I assume it is, since you said you have done it for the past 2 years). Thanks!

[zyggy 9]

This comes directly from the IRS at http://www.irs.gov/publications/p519/ch01.html#d0e1644

I provide all the support for my wife (academic scholarship student) and stepson and I am entitled to claim them as dependents under U.S. tax laws. I have done so since 2003 and I do not worry at all about an audit.

Alcurin - My wife has been in the USA since May 2005, she did not work in Germany where she is from and did not work here in the USA. We got married on July 29th 2005 and she got her SSN# in Nov 2005. When in Turbo Tax I claimed her as a dependent - it said my spouse cannot have the same SSN as the dependent (her). How do you do this for your spouse and is it possible? (I assume it is, since you said you have done it for the past 2 years). Thanks!

You leave the SSN number blank and send the 1040 in with a W-7 to the International Tax Office in Philadelphia. They will issue a ITIN and process the 1040.

[tom&tata 2]

This comes directly from the IRS at http://www.irs.gov/publications/p519/ch01.html#d0e1644

I provide all the support for my wife (academic scholarship student) and stepson and I am entitled to claim them as dependents under U.S. tax laws. I have done so since 2003 and I do not worry at all about an audit.

Alcurin - My wife has been in the USA since May 2005, she did not work in Germany where she is from and did not work here in the USA. We got married on July 29th 2005 and she got her SSN# in Nov 2005. When in Turbo Tax I claimed her as a dependent - it said my spouse cannot have the same SSN as the dependent (her). How do you do this for your spouse and is it possible? (I assume it is, since you said you have done it for the past 2 years). Thanks!

You need to file jointly eventhough your wife never had income, she is not your dependant. She will be included in your exemption.

[Cygnet 0]

My husband and I are filing jointly even though I am still here in Canada. We decided to do this because if we don't, my husband says it will make filing taxes in California a bit more complicated (that is if you say you're married, which he is doing on his income tax forms). So now, we're going to be taxed on our worldwide income. If you live in other states, filing separately might not be a problem. But California seems to be different... I forget the term my husband used.

I had to go to the U.S. consulate in Montreal to get a copy of my passport notarized (they wanted an American notary to do it). And when I was there, they gave me a copy of the W-7 to fill and sign. The lady at the consulate was quite helpful and knew exactly what I was talking about.

Anyway, I thought I'd share my experience...

[buzz17 0]

Its easy to file the 1040 with the W-7. ( file joint return only),What we did was to write a declaration letter, notarize the coppies of her passport and attched to the W-7, and the 1040,( w-2s,etc) then sent to the IRS ITIN unit at P.O BOX 447 Benselem PA 19020. There was no other income apart from from mine because my wife didnt work for most part of last year in her country,she was in school. I wanted to notarize only the biographical page but the notary guy said he has to notarize each page with a stamp or an endorsement regardless. So he did. I was curious as to why he said that,he said a passport is from page one to the last page. Although I wasn't sure he was correct i just got my work done and left. I thought I would share this.

[morocco4ever 63]

Your spouse doesn't need to have been here to get an ITIN number. My husband has one from when I filed my 2004 taxes, and he has never even been here. It is correct that you will need the W-7, notorized passport copies and marriage license. I included the translations as well. I mailed it in along with my 2004 taxes. It saved me some bucks and it was relatively painless. Also, one more proof that my husband and I have a valid relationship...that is if they would ever just look at the damn papers! lol

[jennieh 0]

As far as what I have heard from another tax person in order to file taxes with her as a dependent, she will have to have a SSN or ITIN in order for you to do so.

PROBLEMS:

-In order to get a SSN your spouse has to be in the USA legally and not as a tourist.

-In order to get a ITIN you must prove that you and your spouse have lived together for at least six months. (Even outside of the USA)

In another words a wierd form of catch 22.

This concerns me as my husband and I were only together for about 5 weeks b4 he had to return to the UK. If this is true then how do I file taxes? Help!!! I thot I had to have the ITIN.. so so confused here.

Gotz

Well we lived together for 3 months in Morocco together. But werent married just trying took that long, so never really married and living together that long. I just hope they did it right. I was shocked how dumb they were at H & Block I went there cause i thought they were tax experts instead totally opposite. I could have did what they did all they did was will in a computer screen that told them what and where to put it!

[katheleen 0]

I got married to my sweetheart last year and filled for the 1-130, and papers for K-3,which were all approved and my wife is jetting in on K-3 next sunday for the first time since our marriage. I am planning to file for the 2005 tax return next week. My question is whats my filling status,married filling separately or single? The tax helper i talked to, said for tax purposes only that my filling status is single since my spouse wasnt in the USA. Talking to one paralegal,she told me that for immigration purposes I am legally married, so i have to mention that on my 2005 tax filling in order to file the AOS form #1-864. We have opted to go ahead with the 1-130 consular process instead. So I am in dilemma which path should I take? File as single or married but spouse hasn't even got any SSN # in the USA. So what do I do? Has any one had similar situation? Any experiences?

Thanks

R

[Bashorun 1]

Pleas ignore that comment that U have to have lived with ur spouse for at least 6 months, I am sure the OP made that up as there is no where in the ITIN instructions that says that. Be very careful whenever U're here reading comments not to pick the wrong one cos some people are not just sure of what they say. The wise way is to get an ITIN for ur wife to file ur taxe. Since U're on k3 it takes longer to get the ssn card as U have to have the EAD first.

[alexis1 0]

Not sure if this will help as it is late. I had the same problem. I went to an accounting firm and the guy told me i was single. he prepared my taxes and i then asked the question again "why am i single." He made an error and thought that my marriage was not recognized in the US. So i called the irs transferred to the immirgation section and was told i had to options married filing jointly which would involve world income-my husbands income in india or married filing separetly which will involve only my income. I then had a question about the SSN requested for spouse and i was told to write in that column, "not a us citizen" and "not living in the US."

note to my post: i filed married filing separeately. If i filed jointly, then i would have had to apply for an ITN number.

[Shortie81 0]

I just filed my taxes and I had to first send in the W-7 with my taxes return to the IRS and it was a longer wait than e-filing but I did get my wife ITIN and I finally received my money about 5 weeks later. I am $2,000 richer now