Claming Foreign as spouse on taxes

[Frank and Duyen 0]

I filed as single in 08. It was my understanding that I cant file married because she isnt in the US nor a ssn holder yet? I hope this wont be a problem once we get to the interview stage. Any tax experts out there??

Thanks

effjaye

[Dai. 7]

Frank, You can file your foreign wife as married in your taxes. You can claim her by filling out a w7 form, They will give your wife a Individual Taxpayers Identification Number (ITIN) and that number will be used instead of her, not yet available, SS# .

I did this at the beginning of the year when I was doing my taxes and It was quite easy. They gave me a hell of a lot of money in refund when I did this. All you have to do is get a motorized copy of your wife's biographical page and send in the W7 forum with the 1040 and they will take care of filling in the ITIN for you. I believe since the Tax deadline is over you can amend it. I would see a Tax specialist in your situation if you still want to do this. I don't know if the consulate will ask why you filed single when you are obviously married.

Hope this helps.

[Frank and Duyen 0]

Frank, You can file your foreign wife as married in your taxes. You can claim her by filling out a w7 form, They will give your wife a Individual Taxpayers Identification Number (ITIN) and that number will be used instead of her, not yet available, SS# .

I did this at the beginning of the year when I was doing my taxes and It was quite easy. They gave me a hell of a lot of money in refund when I did this. All you have to do is get a motorized copy of your wife's biographical page and send in the W7 forum with the 1040 and they will take care of filling in the ITIN for you. I believe since the Tax deadline is over you can amend it. I would see a Tax specialist in your situation if you still want to do this. I don't know if the consulate will ask why you filed single when you are obviously married.

Hope this helps.

Thanks Dai !!

[Ever 0]

What is a "motorized copy of your wife's biographical page"? Is it a notorized copy of Form G325A??

I will be doing the same for next year (I married this year).

[Hopeful_1 0]

I also did something similar except for me, it had to do with new employment in 09. I wrote down single, even though i was married. I wasn't sure what to put since my wife wasn't here nor did she have her snn and i thought putting married would be considered wrong. however now, i'm wondering if i made a mistake

[Dai. 7]

What is a "motorized copy of your wife's biographical page"? Is it a notorized copy of Form G325A??

I will be doing the same for next year (I married this year).

I am sorry for the Typos, I meant notarized copy of the biographical page of foreign person's passport.

Edited June 3, 2009 by Dai_VN

[Ever 0]

I have a copy of her passport. Can I notorized it even if she is not present?

[Frank and Duyen 0]

What is a "motorized copy of your wife's biographical page"? Is it a notorized copy of Form G325A??

I will be doing the same for next year (I married this year).

I am sorry for the Typos, I meant notarized copy of the biographical page of foreign person's passport.

It has to be notorized in the country it was issued by a notory reconized by the Hauge convention. Thats according to the IRS and only if you choose to file jointly. Along with a letter signed by both spouses stating you want to file a federal Joint return and the US citizen will pay taxes from Foreign spouse income. FIling married seperatly doesnt require that

[Dai. 7]

They have to notarize it with the actual passport there for it to be valid. My wife and I didn't have to have any letter at all, all we did have my wife sign the w7 and get her passport page notarize at the consulate, she doesn't need to be there but they need to see the actual passport. You can have your wife send you her passport to the US and you can get it notarized at a bank or anywhere that does notaries.

Edited June 3, 2009 by Dai_VN

[Frank and Duyen 0]

They have to notarize it with the actual passport there for it to be valid. My wife and I didn't have to have any letter at all, all we did have my wife sign the w7 and get her passport page notarize at the consulate, she doesn't need to be there but they need to see the actual passport. You can have your wife send you her passport to the US and you can get it notarized at a bank or anywhere that does notaries.

Ok Dai, Im glad it was that easy for you. I've been on the phone with the IRS here and they said you need a letter stating both of you want to file a joint return attached to the w7, among other things it requires the USC to pay income tax on your foreign spouses reported income, less the tax she already paid on it in her country.

[Dai. 7]

Yeah I thought about it, since you're amending your taxes I would imagine that they would need some sort of letter from you. I just thought what worked for me could work for you. I am a tax newbie anyways I recommend you taking advice from a processional rather than me.

Edited June 3, 2009 by Dai_VN

[Dai. 7]

Here is a link to the w-7 form and instructions just incase anyone needs it.

http://www.irs.gov/pub/irs-pdf/fw7.pdf

[JustJ 0]

Hoping someone can help with this.

I filed married, filing jointly, with the attached W7. The refund (paper check) has come in payable to both of us, and now we have a problem. He's not listed on any of my bank accounts, and of course, since our petition is in process, he can't personally come here, which is a requirement for adding him to my account.

Any suggestions?

[Arun+Catie 1]

I filed as single in 08. It was my understanding that I cant file married because she isnt in the US nor a ssn holder yet? I hope this wont be a problem once we get to the interview stage. Any tax experts out there??

Thanks

effjaye

It will not cause any trouble at the interview stage. (I haven't looked

You can refile your 2008 return using form 1040X (Amended), and include your wife with her ITIN or SSN. If you have not applied for the ITIN, you can send in the application with supporting documents along with the 1040X. If you have any questions about that, you can email me.

Catie