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Amy and Nick

Filing taxes as married

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Filed: Lift. Cond. (pnd) Country: India
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Sorry, I didn't understand your original question. If your wife is not in the U.S. then of course she would not have an SSN or A-Number. You would just not put any number for her in the election statement. The declaration is only necessary if you want to file a joint tax return with your wife right now. As I stated in another post you could file a return as Married Filing Separately but you would not be able to claim her as a dependent. Once your wife comes to the U.S. and gets an SSN then you could amend your 2010 tax return to file as Married Filing Jointly. I hope this answers your question.

Thanks for your reply. Yes i am filing a joint tax return with my wife and have collected all the documents but was just wondering about this declaration.

I have another question: W7 goes with your federal tax return form but how about state returns. How do we do those? They also require SS# for spouse.

I am almost out of TSC blackhole.

Marriage : 2010-06-27

I-130 NOA1 : 2010-07-14

Transferred to Blackhole : 2010-11-02

NOA2 : Feb 15, 2011

NVC:

2/25/11 - received case number, IIN, and gave e-mail IDs.

2/25/11 - Send DS-3032 E-mail

2/28/11 - I-864 (AOS) bill invoiced and paid

3/01/11 - AOS payment status "PAID"

3/02/11 - DS-3032 : Email accepted

3/04/11 - IV bill invoiced (e-mail at 2:30 AM) and paid

3/07/11 - IV payment status "PAID"

3/08/11 - AOS and IV packet sent

3/22/11 - AOS in the system and reviewed that triggered false RFE for IV packet

3/28/11 - DS-230 in the system and SIF

3/29/11 - Case Completed at NVC

4/13/11 - Interview date assigned

5/17/11 - Interview- Approved

5/18/11 - Passport & Visa Picked up from VFS Delhi

5/31/11 - POE (JFK)

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Filed: K-3 Visa Country: India
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ok guys so is this definitive answer:

easiest was is - Married Filing Separately - Spose will NOT have to sing ANYTHING and no need for her passport or any other docs. No need for W 7 too. ONLY downside is - highest tax liability

Best way for lowest tax liability - Married Filing Jointly - but will need spose passport or other docs + W7 + her signature ..

Am i correct?

I also have similar question along those lines. My wife never been to the USA and we both got married in canada this nov. I prefer the route of married filing separately. However, IRS still need wife name and identification number. Putting down "NRA" may not help because free tax software need numbers. To get identification number a person need to file W 7 form. What tax software you all are using to bypass identification hurdle? I hope filing separately will not come back to bite me. Any help would be appreciated. thanks.

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Filed: Citizen (apr) Country: Russia
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Thanks for your reply. Yes i am filing a joint tax return with my wife and have collected all the documents but was just wondering about this declaration.

I have another question: W7 goes with your federal tax return form but how about state returns. How do we do those? They also require SS# for spouse.

Somebody else will have to help you with this question. I live in Texas and we don't have a state income tax.

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Filed: Citizen (apr) Country: Russia
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I also have similar question along those lines. My wife never been to the USA and we both got married in canada this nov. I prefer the route of married filing separately. However, IRS still need wife name and identification number. Putting down "NRA" may not help because free tax software need numbers. To get identification number a person need to file W 7 form. What tax software you all are using to bypass identification hurdle? I hope filing separately will not come back to bite me. Any help would be appreciated. thanks.

Try what Nich-Nick suggested below.

Don't know if it will kick it out of meeting e-file standards. I don't think the IRS would be particularly bothered. Try to carry on to the end and see or put in 000-00-0000.

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Filed: IR-2 Country: China
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I also have similar question along those lines. My wife never been to the USA and we both got married in canada this nov. I prefer the route of married filing separately. However, IRS still need wife name and identification number. Putting down "NRA" may not help because free tax software need numbers. To get identification number a person need to file W 7 form. What tax software you all are using to bypass identification hurdle? I hope filing separately will not come back to bite me. Any help would be appreciated. thanks.

[/quote

I used turbo tax for my 2009 filing "Married Filing Seperately" and entered "N/A" for spouses SSN#, I have just sent off the 2009 amendment to "Married Filing Jointly" and will be getting a huge return.

07/07/09 : Married

08/18/09: I-130 Sent to Chicago

08/20/09: I-130 Received by USCIS

08/25/09: NOA1

09/22/09: NOA2

10/05/09: Received case# and gave emails

10/07/09: Received DS-3032 and AOS email

10/09/09: Sent DS-3032 email to optin electronic filing

10/15/09: Paid both AOS & IV fees

10/16/09: Received email electronic filing accepted

10/18/09: Sent AOS via email

10/23/09: Received email that AOS was accepted and waiting for IV

10/27/09: Sent IV via email

11/10/09: Signon to payment failure

11/19/09: Received email for interview - December 14th

12/14/09: Approved for Visa

12/16/09: Received Visa

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Filed: Country: Romania
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My wife's passport is still under her maiden name (I don't think there is enough time for her to get a new one,) so would sending in a copy of her passport with her old last name on it still work as significant proof? I hope somebody knows. Thanks.

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  • 2 weeks later...
Filed: IR-1/CR-1 Visa Country: Taiwan
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For all the California residents here is a link stating that the Non-resident alien can be treated as a resident similar to the federal rules. (1st page, right column half way down) Kind of strange that they don't list it on the 540 form, but they do list it on the 540NR form, seeing as once it applies you won't be using the 540NR form.

http://www.ftb.ca.gov/forms/2010/10_540nrlongins.pdf

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Filed: IR-1/CR-1 Visa Country: Colombia
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well it also says an exception for married taxpayers who file a joint federal tax return :

You may file separate CA returns if either spouse was A nonresident for the entire year and had no income from California sources during 2010

so....can I file married filing separately for CA and married filing jointly for Federal? Pretty confusing...my wife has no worldwide income to report so I was thinking it would be easier if I just file my taxes and thats it.

Edited by xelance

7/2/10- NOA1

2/9/11- NOA2 (transferred to Texas)

NVC

2/28/11- case number received

3/2/11- Paid AOS bill

3/5/11- Paid IV bill

3/12/11- expedite to Bogota consulate approved!!!

3/14/11- left NVC to Bogota for further processing

3/17/11- received by Bogota, emailed consulate and was told to send DS-230 and DS-2100 (packet 3)

3/18/11- packet 3 emailed to Bogota consulate, email confirmation on March 23

3/31/11- Interview date! Approved!!!!!!

Keep the faith, everything works out for the very best

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Filed: IR-1/CR-1 Visa Country: Taiwan
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Somewhere, that same document or the 540 it says that you have to filed married if you file married on fed. however, it also says that you can do married filing separately even if you filed married filing joint for federal.

Though if you spouse has no income then you will only benefit from filing joint. If you file separately i would assume you would amend it when you get her social security number.

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Filed: Citizen (apr) Country: Russia
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How do you address interest on a bank account as foreign income.

I am assuming that the interest was earned by your wife in Taiwan. If you are going to file a joint return with your wife by electing to treat her as a Resident Alien for tax purposes then the interest income from Taiwan should be included on your tax return. The interest income would not qualify to be excludable under the Foreign Earned Income exclusion. The Foreign Earned Income Exclusion usually only applies to income for personal services.

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This one is really interesting Wend i got marrie back in 08.29.10 i try to change my status from Singel to marry in my job as i read the form is clear in a area that if your Wife is not a US cittizen and in the country you must continue as single . IM calling the IRS tomorrow to verify :hehe:

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Filed: IR-1/CR-1 Visa Country: Taiwan
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I am assuming that the interest was earned by your wife in Taiwan. If you are going to file a joint return with your wife by electing to treat her as a Resident Alien for tax purposes then the interest income from Taiwan should be included on your tax return. The interest income would not qualify to be excludable under the Foreign Earned Income exclusion. The Foreign Earned Income Exclusion usually only applies to income for personal services.

Thank you, I didn't know that it didn't qualify as excludable.

I also saw someone say that you couldn't take the Making work pay credit, however, turbotax is applying the credit. Just wondering if anyone has the actual answer to this?

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Filed: IR-1/CR-1 Visa Country: Colombia
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yep...my turbotax is applying the credit as well, great question...I was wondering that myself.

7/2/10- NOA1

2/9/11- NOA2 (transferred to Texas)

NVC

2/28/11- case number received

3/2/11- Paid AOS bill

3/5/11- Paid IV bill

3/12/11- expedite to Bogota consulate approved!!!

3/14/11- left NVC to Bogota for further processing

3/17/11- received by Bogota, emailed consulate and was told to send DS-230 and DS-2100 (packet 3)

3/18/11- packet 3 emailed to Bogota consulate, email confirmation on March 23

3/31/11- Interview date! Approved!!!!!!

Keep the faith, everything works out for the very best

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