Married or single while wife isn't in US yet

[redmen99 1]

You could wait until he had his SSN, that's fine.

The link you posted is for someone to be an acceptance agent, not for filing the W7.

Thank you so much Mal! I don't know what it is... This immigration stuff I understood pretty well, but when I look at tax ####### it has 3 heads and I bumble around like an idiot! Thank you Thank you Thank you!!!

[redmen99 1]

Ugh...now I'm REALLY confused. Should I be applying for an ITIN then? Or is there a moratorium?

Sorry, didn't mean to confuse you. The link I posted was apparently for something else as Mal said... Its all greek to me!

Wyatt, if your wife is not in a rush to file her taxes, and hoping you are approved at your interview and you move to the US shortly after your approval, she can wait to file her taxes until you get your Social Security number. She may need to file an extension if you don't have it by April 15th, but that is no real big deal...

Edited January 27, 2010 by redmen99

[Wyatt's Torch 45]

I'm filling out the ITIN as we speak. I'm hopelessly confused by what I'm suppose to submit WITH it, since I had $0 in U.S. income this year...but I'm muddling through it.

[Wyatt's Torch 45]

Okay, I'm still dreadfully confused about what I need to submit with my W7. It looks like a notarized copy of my passport for identification purposes, but I'm not really sure what "exception" I fall into when it comes to showing my tax return. I haven't had ANY U.S. income this year...so how can I show them a tax return?

ARGH.

[trailmix 77]

Okay, I'm still dreadfully confused about what I need to submit with my W7. It looks like a notarized copy of my passport for identification purposes, but I'm not really sure what "exception" I fall into when it comes to showing my tax return. I haven't had ANY U.S. income this year...so how can I show them a tax return?

ARGH.

But why are you getting an ITIN? Your wife can't claim anything for you since you are an alien - yes, you are an alien.

[Wyatt's Torch 45]

But why are you getting an ITIN? Your wife can't claim anything for you since you are an alien - yes, you are an alien.

But we were married prior to the end of last year...

Damn I'm confused. I'm getting tons of contrary information here.

I read through Zyggy's tax thread and it seemed to indicate that spouses in their current foreign countries should get an ITIN so that the USC can claim them. Sigh.

Edited January 27, 2010 by Wyatt's Torch

[Married2009 32]

From what I understand, since I (the USC) have to file as married - filing separately or married - filing jointly. If I file as married filing separately, I will pay more taxes. If I file married - filing jointly (which I can do if I send the ITIN app with my return), I will pay less in taxes. There are a couple of threads in the IR1/CR1 forum about this. I don't think she can claim you Wyatt, if you didn't live in the States in 2009.

Edited January 27, 2010 by Married2009

[Wyatt's Torch 45]

From what I understand, since I (the USC) have to file as Married - filing separately or Married - filing jointly. If I file as Married filing separately, I will pay more taxes. If I file married - filing jointly (which I can do if I send the ITIN app with my return), I will pay less in taxes.

So is it YOU, as the USC, who sends in the ITIN app then? So I, as the foreign spouse, would only need to fill out the W7 and a notarized copy of my passport and send that to my wife before she files?

[Married2009 32]

So is it YOU, as the USC, who sends in the ITIN app then? So I, as the foreign spouse, would only need to fill out the W7 and a notarized copy of my passport and send that to my wife before she files?

Yes, I send the ITIN app with my tax return, and it takes about 6 - 8 weeks to get the number. Not sure how much longer it would be for the refund, or if that is included in the 6 - 8 week time frame. But I am still researching it. I have decided to do my taxes both ways, and see what the difference would be. Might not be worth the hassle.

Edited January 27, 2010 by Married2009

[Rustbelt 0]

Our situation was a little different to most here as I used to have a green card, moved to Canada and lost it, then got it back again just this past November . . .

When we moved to Canada, Steve had to file a US tax return because he's a US citizen (obviously) and all US citizens must file a tax return regardless of where they live. We weren't sure if I'd have to or not, but, as it turns out, based SOLELY on the fact that I was married to him I HAD to file a tax return. Regardless of my alien status . . . Yeah, I was pleased about that, I can tell you (so I lose my green card but still have to file taxes - wasn't there a revolution about this?)

So, the choice was:

1. File married filing separately as a non-resident alien (1040-NR for me)

2. File married filing jointly (regular 1040)

We chose no. 2. and I therefore had to include my worldwide income, just like Steve, because for tax purposes only I was filing as a resident (based on Steve's citizenship) even though we were not physically resident. When it came down to it, we basically just had to show that we were domiciled in Canada, paid taxes to Canada and that was the end of it.

YMMV and I'm no expert on taxes anyway.

- Steve's wife

[Wyatt's Torch 45]

Yes, I send the ITIN app with my tax return, and it takes about 6 - 8 weeks to get the number. Not sure how much longer it would be for the refund, or if that is included in the 6 - 8 week time frame. But I am still researching it. I have decided to do my taxes both ways, and see what the difference would be. Might not be worth the hassle.

Thanks for that. I'm still looking into the specifics of what is required from both my wife and I.

This helps.

[Malrothien 6]

Ugh...now I'm REALLY confused. Should I be applying for an ITIN then? Or is there a moratorium?

It's for something else, not the ITIN.

I'm filling out the ITIN as we speak. I'm hopelessly confused by what I'm suppose to submit WITH it, since I had $0 in U.S. income this year...but I'm muddling through it.

You need a notarized copy of your passport for the W7. However, notaries in Canada ARE NOT accepted in the US, you must use a US notary for it.

Your wife files the W7 with her 2009 return. Realistically, since you will be in the US quite soon, I wouldn't bother with the ITIN, especially since if your wife is getting a refund.

Filing the W7 *isn't* required, but if the USC spouse wants to claim the spouse for deduction purposes, you have to have the ITIN.

[Wyatt's Torch 45]

It's for something else, not the ITIN.

You need a notarized copy of your passport for the W7. However, notaries in Canada ARE NOT accepted in the US, you must use a US notary for it.

Your wife files the W7 with her 2009 return. Realistically, since you will be in the US quite soon, I wouldn't bother with the ITIN, especially since if your wife is getting a refund.

Filing the W7 *isn't* required, but if the USC spouse wants to claim the spouse for deduction purposes, you have to have the ITIN.

Thanks Mal. It looks like she might OWE $1000 if she files as Married-separate, but will RECEIVE $1700 if she files as Married-joint. Such a huge difference boggles me, but...there you go.

Since my POE will probably be in the third week of March, I don't think I want to chance having my SSN before April 15th, so we'll probably go ahead and do the ITIN. I thought it had to be ME doing the filing of it though, so I'm glad I got that part cleared up. But yes -- I'll have to find a U.S. notary up here. Worst case scenario I'll have to cross the border to get it done. No biggie.

[Malrothien 6]

PWC was the only authorized agent for the W7 forms, however, they no longer are. You have to go to Bellingham.

[lgg 2]

My husband got an ITIN for me for last years' taxes and I lived in Toronto -- it seems to have worked out and yeah, it took a LONG time for him to get it too... like at least a couple of months.

Will get back to you once he gets back to me, okay Wyatt?

We got my passport notarized at an H & R block for free! And you have to mail all the stuff in...

And with my husband filing married/jointly, I was a huge deduction for him -- it actually works out for the best. We did all our running around for it when I was down for a visit...

But why are you getting an ITIN? Your wife can't claim anything for you since you are an alien - yes, you are an alien.

Edited January 27, 2010 by lgg