have not yet filed AOS documents, how to file taxes?

[KandK 0]

So as of right now I'm just preparing the documents and papers and everything that's needed for AOS for my illegal wife (I-130, I-485, etc.). and right now I'm starting on my taxes. how exactly do I go about this? do I file jointly, seperately, what do I do about SSN? I've done some Googling and found that I should get an ITIN with a W7? but then others say that the ITIN is not needed and I can put NRA or something?

anyone here have experience with this?

[payxibka 10,047]

So as of right now I'm just preparing the documents and papers and everything that's needed for AOS for my illegal wife (I-130, I-485, etc.). and right now I'm starting on my taxes. how exactly do I go about this? do I file jointly, seperately, what do I do about SSN? I've done some Googling and found that I should get an ITIN with a W7? but then others say that the ITIN is not needed and I can put NRA or something?

anyone here have experience with this?

first you must determine if your wife is considered a resident alien or non-resident alien for tax purposes (this is a different test than just a persons immigration status).

If the alien is a resident alien (greencard test, substantial presence test or by special election) then you could file Married filing joint (MFJ) or Married separate

If the alien is considered a non-resident alien (NRA) for tax purposes then Married separate is the option as MFJ is not an option. In certain situation filing Head of Household (HOH) is available but that requires you to also have a qualifying dependent child

Married Filing Joint (but requires a SSN/ITIN)

Married filing seperately - can use NRA in SSN box for non-resident alien spouse

Edited January 13, 2010 by payxibka

[Nich-Nick 3,354]

There's a 2009 tax thread going in another forum Moving Here and Your New Life in America. It might be helpful to you.

http://www.visajourney.com/forums/index.ph...235947&st=0

[Eric-Pris 1,607]

So as of right now I'm just preparing the documents and papers and everything that's needed for AOS for my illegal wife (I-130, I-485, etc.).

"My illegal wife"?

I'm not a tax expert, but it's my understanding that as long as you married on or before Dec 31, you can file as "Married filing jointly". Her immigration status has nothing to do with income taxes.

[payxibka 10,047]

"My illegal wife"?

I'm not a tax expert, but it's my understanding that as long as you married on or before Dec 31, you can file as "Married filing jointly". Her immigration status has nothing to do with income taxes.

but her "tax" residency status does... MFJ is available ONLY to those who qualify as a resident aliens for tax purposes and not to non resident aliens. To determine status then you must pass one of the two "residency" tests (greencard or substantial presence) or make the "special" election. The special election is NOT automatic so a declaration to take advantage of the special election to be treated as a resident alien must be attached to the 1040.

Edited January 13, 2010 by payxibka

[KandK 0]

I am sure that she is considered a resident alien, she has been here for over 1 and a half years continuously. in that case, what do I do? she has no income, so she won't have any income to report or file her own return. does she even need to get an ITIN in this case? what do I put on my return? is it better to do MFJ or MFS? from what I figured out I think it would probably be best in my case to do MFS. but then can I claim her as a dependent?

I've looked through that other thread and will keep my eyes on that too.

[Liverpool1 0]

So as of right now I'm just preparing the documents and papers and everything that's needed for AOS for my illegal wife (I-130, I-485, etc.). and right now I'm starting on my taxes. how exactly do I go about this? do I file jointly, seperately, what do I do about SSN? I've done some Googling and found that I should get an ITIN with a W7? but then others say that the ITIN is not needed and I can put NRA or something?

anyone here have experience with this?

Hi,

Your wife qualifies as a Resident Alien for tax purposes because she meets the Substantial Presence Test (per IRS Publication 519), having been in US for a year and a half.

You must file either married filing jointly or married filing separately. If you do not intend to have any itemized deductions on your tax return, you would be better filing married jointly. That way you will be entitled to your wife's standard deduction as well as your own, which will total $11,400 instead of $5,700 if you file separately. You cannot claim your wife's standard deduction if you file separately.

In addition, you cannot claim your wife as a dependent. However, you can claim her personal exemption (personal exemption is an amount of income which is tax free and which everyone is entitled to). Claiming someone as a dependent has the exact same effect anyway. In your case, you can claim your wife's personal exemption if you file either jointly or separately. If you file separately, your wife would not file a tax return at all.

Your only problem is that if you file jointly or separately, you need to include your wife's name and SSN. If she does not have a SSN, then she will need to include an ITIN.

Hope this helps!

[Eric-Pris 1,607]

It's better to file MFJ in your case since your wife has no income.

The effect of adding her to your return would be lowering your taxable income by $9350 (5700+3650).

So, if you are in the 28% tax bracket, you would decrease your federal tax liability (i.e. increase your refund) by $2618 ($9350 x 28%) just for including her.

If you have to file a state tax return, there would be a similar benefit.