questions related to filing taxes for out of status

[Mountain Big 0]

Hi everyone,

First i would like to thank you all on this community as with the information provided by you on this site i was successfully able to bring my wife on K1 visa to the US and we are married. I am a citizen

i have applied for AOS but just when she was out of status so i am waiting on that. her social security was also denied due to only 3 weeks remaining on her visa expiration when we tried to apply for it. so we will aplly for it after the AOS as we are in no hurry. i am a citizen and she is not gonna be working for some time.

the question i had was about filing for taxes. should i file as married fiiling joint or seperate? she has no income here or anywhere i would like to claim joint as this would give my more deductions and claims so i get a bigger refund i am already claiming my dad as dependant so thats a plus.

if i claim married filing jointly are there any specific forms i need to send with the dcuments for her getting the identification number as she does not have one yet?

please advice as i need to file my taxes and i would prefer to get in the best tax bracket with most deductions.

thanks in advance.

M

[I'm Gone 60]

If you were married by the end of 2009 then you can file married filing joint for 2009.

[Mountain Big 0]

If you were married by the end of 2009 then you can file married filing joint for 2009.

Thanks for the information.

If i file joint return and my wife is in US but no social or green card what would be the best way of fling a joint return any specific forms or something special?

[I'm Gone 60]

Thanks for the information.

If i file joint return and my wife is in US but no social or green card what would be the best way of fling a joint return any specific forms or something special?

If she doesn't have a Social Security number and is not currently eligible for one, you will need to submit IRS Form W-7 to have the IRS issue her an ITIN.

Individual Taxpayer Identification Number (ITIN)

http://www.irs.gov/individuals/article/0,,id=96287,00.html

[dimanuni 1]

also, depending on when she got here, you and she may have to make an election that she be treated as a resident alien for the entire tax year 2009. if she was here more than 183 days, i think you may not have to. It's all in Publication 519 on the IRS website. You'll have to file by mail, though, because you have to send in signed documents, which means longer for any refund. Also, I believe there's a special address for people sending in the W7, to Houston or something. It's on the IRS website too. Look under international filers or something like that. It should be on a tab on the website.

Sorry I can't be more specific! Good luck and congratulations! and bless you for taking care of your dad!

[Nich-Nick 3,354]

You mail your return along with the ITIN application to Austin, TX. Leave the places that asks for SSN or ITIN on the tax return blank. They will take care of that.

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The IRS says:

How do I apply for an ITIN?

Use the latest revision of Form W-7, Application for IRS Individual Taxpayer Identification Number to apply. Attach a valid federal income tax return, unless you qualify for an exception, and include your original, notarized, or certified proof of identity documents.

Because you are filing your tax return as an attachment to your ITIN application, you should not mail your return to the address listed in the Form 1040, 1040A or 1040EZ instructions. Instead, send your return, Form W-7 and proof of identity documents to:

Internal Revenue Service

Austin Service Center

ITIN Operation

P.O. Box 149342

Austin, TX 78714-9342

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And to file jointly the ailen must pass one of two tests, basically be in the US 183 days or have a green card. BUT if the alien is married to a US citizen, she can skip the tests. It's a perk. The couple "elects" for the alien to be treated as a "resident alien for tax purposes" by writing a statement and both signing it. You can find the exact information to include in the statement on page 10 (3rd column under How to Make the Choice) of Publication 519. (That would be p. 10 of the actual publication, not p.10 of the PDF.)

In making that choice, you must include worldwide income (meaning her foreign salary) but you said she had none, so your return is just like she was a USC as far as filing rules. For spouses that had a foreign income to report, it can be excluded using Form 2555EZ so the taxes it would generate are taken off in the exclusion.