2009 Taxes - married Filing Jointly

[Bert&Jie Lin 0]

There's a lot of great information here on the subject and I want to make sure that I understand everything correctly.

My then fiancee came over on a fiancee visa in July, 2009. We were married nearly 3 months later. A little over a month after we were married, she had to make an emergency return to her home country. She is still there and won't likely return anytime soon as I will be joining her there. She has no income for 2009.

It appears that we can file jointly, but we must submit a letter signed by both of us saying that we wish her to be treated as a resident for tax purposes. We will have to apply for an ITIN (never got a SSN as part of the fiancee visa). Does that sound correct? I'm using TurboTax. It asks about residency for a full or partial year. Should I say it was for a full year or a partial year? I know the answer seems obvious, but I am never sure with the IRS.

TIA

[Deb+Steve 13]

You can't e-file if your spouse does not have a SSN.

[Scott and Mhay 57]

You will have to paper file and the deal with the ITIN, it will be a PITA to do it in time for the deadline. I would file single and then ammend it later...(i read you have 3 years to ammend a return)

I was going to apply for an ITIN for my wife, but hopefully she will be here in May. I was able to file Head of Household because of my qualifying daughter. I will just ammend my return when my wife has her SSN.

[Darnell 8,478]

Ya - to use an ITIN, you have to apply for it - there's a W-7 document to be signed, along with some valid ID requirements.

No e-file for you, this year, sorry.

If you married in 2009, then you get full 'claiming' on yer spouse, regardless of where she is or what her income level is, IF

you handle the ITIN via W-7 form.

You'll need to 'paper file' all to the special postal address on the W-7 form.

Good Luck !

[Bert&Jie Lin 0]

Thanks, everybody! Once last question: for the W7, I must have a copy of my wife's passport notarized. I will be with her shortly in China. I would like to have it done there. I've heard that the IRS will and will not accept a copy notarized by the embassy. Anybody have the hard facts?

[rin and john 71]

Thanks, everybody! Once last question: for the W7, I must have a copy of my wife's passport notarized. I will be with her shortly in China. I would like to have it done there. I've heard that the IRS will and will not accept a copy notarized by the embassy. Anybody have the hard facts?

For TY 2006, I got a copy of Rin's passport notarized at the embassy in Bangkok to submit with the W-7. It was accepted. Went to the ACS at the embassy and told them I needed it to file taxes. They knew what I was talking about.

John