Name in SSN and filing income tax.

[ao_cons 1]

While I don't know yet if I'll need to file income tax returns in the future, I'd like to be ready. Should I change my SSN name to reflect my married name? I want to use my married name when filing jointly with my husband, or even if I do it separately. I'm not familiar with US tax laws yet but I've heard the IRS prefers that the SSN name be the same as in the ITR.

My husband isn't in a hurry for me to change it since he says he knows women who've been married for decades and still have their maiden names in their SSNs.

And is it OK to go to the local SS office to file for a name change personally? Are there too many people there? I was told not long ago (here) it would be faster since they just scan the docs in. I'm planning to bring my green card and other IDs, marriage cert and certified translation plus the SS form.

[rin and john 71]

While I don't know yet if I'll need to file income tax returns in the future, I'd like to be ready. Should I change my SSN name to reflect my married name? I want to use my married name when filing jointly with my husband, or even if I do it separately. I'm not familiar with US tax laws yet but I've heard the IRS prefers that the SSN name be the same as in the ITR.

My husband isn't in a hurry for me to change it since he says he knows women who've been married for decades and still have their maiden names in their SSNs.

And is it OK to go to the local SS office to file for a name change personally? Are there too many people there? I was told not long ago (here) it would be faster since they just scan the docs in. I'm planning to bring my green card and other IDs, marriage cert and certified translation plus the SS form.

So you did not file for TY 2008? Whether you use your married name or maiden name will not matter to the IRS. your SSN number does not change. The only potential issue would be having a W-2 in your married name (although the SSN should match).

Getting it updated at the SSN office should be relatively quick and painless.

Also, regarding 2008 TY filing: IF you did not file one, you need to do so as you are missing out on the recovery rebate (potentially up to $600 for you; and $600 for your husband if he did not file a return).

http://www.irs.gov/newsroom/article/0,,id=186065,00.html

[ao_cons 1]

Thank you, Rin and John. I didn't file because I didn't get my green card until a few months ago. But now I have it, it's possible I may work. If I make the minimum required to file tax returns, then I will file.

I'd just like everything to be consistent in the paperwork. I seem to recall IRS saying one should report name change to SS to avoid problems with the names on file.

[Brother Hesekiel 2,236]

LPRs of the United States of America are required to file income taxes, if they desire to stay LPRs, that is. You do that by filing jointly with your husband, even if your income is 0.

If you file for removal of conditions via form I-751 in less than 2 years, you'll need to produce the tax returns showing your name on it.

[rin and john 71]

Thank you, Rin and John. I didn't file because I didn't get my green card until a few months ago. But now I have it, it's possible I may work. If I make the minimum required to file tax returns, then I will file.

I'd just like everything to be consistent in the paperwork. I seem to recall IRS saying one should report name change to SS to avoid problems with the names on file.

As you were married as of 12/31/2008, your USC spouse could have included you on their return and filed "married filing jointly". Doing so would have most likely decreased the tax burden (unless you had significant foreign income - over $100,000 USD) and resulted in you receiving the recovery rebate. I would look into filing an amended return if I were your in your situation.

John

[rin and john 71]

LPRs of the United States of America are required to file income taxes, if they desire to stay LPRs, that is. You do that by filing jointly with your husband, even if your income is 0.

If you file for removal of conditions via form I-751 in less than 2 years, you'll need to produce the tax returns showing your name on it.

The foreign spouse was not an LPR in 2008 (AOS in 2009). However, they had a choice as to whether or not to treat the foreign spouse as a resident alien or non-resident alien for tax purposes (even if the foreign spouse has never set foot in the USA).

John

[Niagara 1]

LPRs of the United States of America are required to file income taxes, if they desire to stay LPRs, that is. You do that by filing jointly with your husband, even if your income is 0.

If you file for removal of conditions via form I-751 in less than 2 years, you'll need to produce the tax returns showing your name on it.

The foreign spouse was not an LPR in 2008 (AOS in 2009). However, they had a choice as to whether or not to treat the foreign spouse as a resident alien or non-resident alien for tax purposes (even if the foreign spouse has never set foot in the USA).

John

If they don't have SSN then they will need ITIN. Without this numbers they can not file taxes together. But they can file amended tax return later on.

Edited October 15, 2009 by Niagara

[I'm Gone 60]

While I don't know yet if I'll need to file income tax returns in the future, I'd like to be ready. Should I change my SSN name to reflect my married name? I want to use my married name when filing jointly with my husband, or even if I do it separately. I'm not familiar with US tax laws yet but I've heard the IRS prefers that the SSN name be the same as in the ITR.

My husband isn't in a hurry for me to change it since he says he knows women who've been married for decades and still have their maiden names in their SSNs.

And is it OK to go to the local SS office to file for a name change personally? Are there too many people there? I was told not long ago (here) it would be faster since they just scan the docs in. I'm planning to bring my green card and other IDs, marriage cert and certified translation plus the SS form.

I was asked to chime in here with my "expert" opinion, so here goes. The IRS matches the name on the tax filing against the SSN record, so you want those to match. No requirement to change the name on the SSN record after you get married as long as you work and file taxes using the maiden name.

Tips for Recently Married or Divorced Taxpayers:

http://www.irs.gov/newsroom/article/0,,id=105969,00.html

Not going to be much faster applying in person over mailing the SSN application. However, I wouldn't be sticking my immigration documents in the mail. What does a replacement Green Card cost now days

The green card and marriage certificate is normally all you need. If the SSA office needs a document translated, they will have it done.

RM 00203.210 Changing Numident Name Data

https://secure.ssa.gov/apps10/poms.nsf/lnx/0100203210

C. Procedure - Immigration Document as Evidence of Legal Name

When issuing immigration documents, the Department of State and DHS issue them in the person’s legal name. The legal name is also generally the name in which the foreign passport was issued.

When an alien applies for an SSN card, presume the name on the immigration document is the legal name unless the applicant presents evidence of a legal name change (e.g., marriage) that occurred after the immigration document was issued.

In cases where an alien applies for a replacement SSN card and submits an immigration document showing a name that is different from the name on the prior Numident (SSN) record, accept the immigration document as evidence of the legal name. In these cases, the prior SSN card may have been issued in a name that was not the NH’s legal name.