2010 Tax Return - Extension or Ammendment

[J e n n y 26]

I did my taxes yesterday and I filed as single. There *are* married couples (with both people living in the U.S.) that file single for their own reasons.

[Sem_I_am 0]

This is what I understood so far: Basically, we should do taxes as married filling jointly like every other normal couple, attach W7 form and that's it. ITIN is just for future reference and probably won't be needed ever again.

I'm going to visit IRS office today and ask about it. I'll let you guys know what they said.

[J e n n y 26]

I'm trying to think how filing single would look bad to USCIS- I mean, the only reason for filing Married is to get a bigger return! "I didn't file Married so I wouldn't get more of my own money back from the government- sorry!"

[Mr Er 3]

I'm trying to think how filing single would look bad to USCIS- I mean, the only reason for filing Married is to get a bigger return! "I didn't file Married so I wouldn't get more of my own money back from the government- sorry!"

Jenny, what I thought and read somewhere on the VJ forum as well is that USCIS can consider tax return filed as Single against bonafied marriage..... not sure about it but simply I do not want to take any risk and also who does not want bigger refund ?

[elya4848 3]

I agree. I think it is important to file married as proof of bonifide marriage.

[Sem_I_am 0]

So I went to IRS office today and was told that filling married and jointly is way to go. Just add W7 form to your 1040 and mail it out. The catch is that both W7 and 1040 need to be signed by your spouse, and that might be hard for some people. And yeah, you can't use any software and have to do your taxes on paper.

[mare333 0]

So I went to IRS office today and was told that filling married and jointly is way to go. Just add W7 form to your 1040 and mail it out. The catch is that both W7 and 1040 need to be signed by your spouse, and that might be hard for some people. And yeah, you can't use any software and have to do your taxes on paper.

IRS office is open on saturday? anyway, what about copy of her passport? I was told without that u cant do anything. Its stated even on IRS site copy of passport required

Edited January 30, 2011 by dare888

[Sem_I_am 0]

IRS office is open on saturday? anyway, what about copy of her passport? I was told without that u cant do anything. Its stated even on IRS site copy of passport required

First of, calm down. We're all in the same boat here. No need to question my words, I've got no reason to lie. Matter of fact, some IRS offices are open one some satrudays. And if you're quoting IRS website, you should quote it right. Passport copy certified with apostille stamp is fine, read it here:

http://www.irs.gov/instructions/iw7/ch01.html#d0e200

[Done--Really 331]

I don't know why this is so tough and why so many people who don't have a clue chime in as if they have the answer. This is DIRECTLY from the W-7 instructions--you DO NOT have to get an ITIN if you are filing estimated taxes, nor do you file a W-7 with the request for an extension. If your spouse does not have a SS# by the time you evnetulaly file, you will of course have to get an ITIN then--but not now. Here are the exact words:

ITIN not needed for Forms 4868, 1040-ES, or 1040-ES (NR).

If you are filing an application for an extension of time to file using Form 4868, or making an estimated tax payment using

Form 1040-ES or Form 1040-ES (NR), do not file Form W-7

with those forms. Enter “ITIN TO BE REQUESTED” wherever an SSN who is your SSN or ITIN is requested. An ITIN will be issued only after you file a tax return and meet all other requirements

[Mr Er 3]

IRS office is open on saturday? anyway, what about copy of her passport? I was told without that u cant do anything. Its stated even on IRS site copy of passport required

Who told you that? I am not cornering you but I also want to learn about it...

By the way, there is no hard need of your spouce's passport to get ITIN if you can produce other documents in original.

refer

http://www.irs.gov/pub/irs-pdf/iw7.pdf

[J e n n y 26]

I agree. I think it is important to file married as proof of bonifide marriage.

How is that proof? Does not make ANY sense. There are married couples that file as single all the time- you file as what you think suits you the best.

This forum is getting dumber and dumber.

[Done--Really 331]

Amen Jenny !! You too, Mr ER.

[J e n n y 26]

Jenny, what I thought and read somewhere on the VJ forum as well is that USCIS can consider tax return filed as Single against bonafied marriage..... not sure about it but simply I do not want to take any risk and also who does not want bigger refund ?

I hardly believe that the USCIS would deny someone a visa because of that. If the consular officer asks my husband why I didn't file as married he will tell him/her it was because he doesn't have a SSN (and he will have in his hands other evidence of a bona fide marriage, such as photos, money order receipts, marriage certificate, affidavits, etc. etc.).

Bam. Problem solved.

[Done--Really 331]

First of all there is no requirement to give USCIS copies of your tax returns, so if you are worried about filing as single even though that is what the IRS regs say to do if your spouse is a nonresident alien (You MAY opt to file married if you want, but it is an OPTION in the regs), just DON'T send your returns to USCIS !!

Pretty simple.

It is a long document, and has some IRS mumbo jumbo, but it is pretty clear once you take the time to actually read it.

http://www.irs.gov/publications/p519/index.html

[dan_ling 6]

I hardly believe that the USCIS would deny someone a visa because of that. If the consular officer asks my husband why I didn't file as married he will tell him/her it was because he doesn't have a SSN (and he will have in his hands other evidence of a bona fide marriage, such as photos, money order receipts, marriage certificate, affidavits, etc. etc.).

Bam. Problem solved.

I have not heard of USCIS denying but there have been a few denied at interview stage because of filing as Single in China, saying not bonafide marriage.

Edited January 30, 2011 by dan_ling