Another tax question, sorry !

[Married_my_love 0]

I did the H&R block estimate - married filing seperate I get $800 back, doing it filing jointly the return is over $4K! So it is quite clear that it will be worth the hassle for me to get my husband an INIT

My question, do I file his W-7 form with MY return? Since he is in not living in US is that correct? I saw in the instructions you are supposed to mail it with a return to a seperate address but doesn't say WHOSE return specifically.

And do I put his income from Canada? he worked for 4 months last year - I don't think it'll change my return that much but I wanted to understand this... on his end, does he have to file jointly even though not in US?

I am going to be seeing my husband in 2 weeks so it should be fairly easy to get his sig on the return, get his passport notarized and get the INIT signed. I prolly should make an appt with a tax person asap.

[joej 0]

I did the H&R block estimate - married filing seperate I get $800 back, doing it filing jointly the return is over $4K! So it is quite clear that it will be worth the hassle for me to get my husband an INIT

My question, do I file his W-7 form with MY return? Since he is in not living in US is that correct? I saw in the instructions you are supposed to mail it with a return to a seperate address but doesn't say WHOSE return specifically.

And do I put his income from Canada? he worked for 4 months last year - I don't think it'll change my return that much but I wanted to understand this... on his end, does he have to file jointly even though not in US?

I am going to be seeing my husband in 2 weeks so it should be fairly easy to get his sig on the return, get his passport notarized and get the INIT signed. I prolly should make an appt with a tax person asap.

Yes you are saposed to send it along with your return.

Not sure about his income. My accountant said that my hubby did not have a significant enough income and so there was no need to list it. Maybe there is a minimum amount.

I'm confused. You only need to file one return, if filing joint. So he would not need a separate one here.

[Married_my_love 0]

I'm confused. You only need to file one return, if filing joint. So he would not need a separate one here.

I'm confused too. LOL What I meant was, I read that I would do a joint one, and he would file his taxes in canada, and then today I read that I can submit a form 1116 - it's all foreign (no pun intended) to me; I'm going to see the tax man this weekend.

[the big dog 0]

I have two questions for the board: When my wife arrives in the U.S. how long does she have to wait till she can apply for a SSN? (I need her SSN number to do my taxes this year)

How long does it take to receive her green card once she enters the U.S.? Her POE will be Miami

sometime in March.

Thanks and good luck to everyone out there

[wilmaron 0]

i have a question too.my status is M but my wife and my son is at overseas and never been here.any advise how should i do my tax for this year?should i file married seperate?

[I'm Gone 60]

When my wife arrives in the U.S. how long does she have to wait till she can apply for a SSN? (I need her SSN number to do my taxes this year)

If she checks off on the DS-230 that she wants to be assigned an SSN and is issued an immigrant visa she might not need to apply.

RM 00202.315 Enumeration At Entry

http://policy.ssa.gov/poms.nsf/lnx/0100202315

Answer "Yes" to Questions 33a. and 33b.on Form DS-230

She will then need to allow at least 3 weeks to see if the Enumeration

At Entry process works. If she doesn't receive her SSN card within 3

weeks it's time to head on down to your friendly neighborhood

SSA office.

Find office:

http://www.ssa.gov/locator

If she has been assigned an SSN the office can provide her with the

number. However, it is has been over 14 days from the day the SSN was

assigned and she haven't received the card she will probably need to

apply for a replacement card.

Take proof of age, identity and work authorized alien status. Proof of

age is not needed for a replacement card.

Birth certificate, passport and I-551 card or MRIV with temporary I-551

language should be enough to take into the SSA office.

http://policy.ssa.gov/poms.nsf/lnx/0100203410

RM 00203.410 Evidence of Alien Status for an SSN Card for an Alien

Lawfully Admitted for Permanent Residence

B. KINDS OF EVIDENCE ESTABLISHING LAPR STATUS

-- I-551, Permanent Resident Card

-- Machine Readable Immigrant Visa with Temporary I-551 Language

Note: The MRIV shows the alien's identification number ("A" number) as

the "Registration Number" in the upper right-hand corner of the MRIV.

If she does need to apply at the SSA office for an original SSN or replacement card

the SSA office will try to verify her status through the SAVE system

while she is in the office. If they can't, they will send a form G-845

to immigration for manual verification. This could delay the assigning

of an SSN and/or issuing a card for weeks and some times months.

If the SSA office does send the G-845, suggest that she go back to the

SSA office every couple weeks with her documents to (1) ask them to

check SAVE again (2) ask if they sent a G-845 (3) if yes, did it come

back (4) after 30 days ask if they have followed up on the G-845 by

calling or sending another mark "second request."

--------------------------------------------------------------------------

http://policy.ssa.gov/poms.nsf/lnx/0100203720

RM 00203.720 Verifying Immigration Documents

--------------------------------------------------------------------------

http://policy.ssa.gov/poms.nsf/lnx/0100203735

RM 00203.735 Requesting Online (Primary) Verification By SAVE

--------------------------------------------------------------------------

http://policy.ssa.gov/poms.nsf/lnx/0100203740

RM 00203.740 Requesting Additional (Manual) Verification By DHS

After having waited at least 30 days and your local SSA office doesn't seem too concerned about following up on the G-845 she can try contacting the SSA Regional Office (RO) responsible for your state:

http://www.ssa.gov/pressoffice/natlpocontacts.html

Refer them to this:

RM 00203.740 Requesting Additional (Manual) Verification By DHS

B. PROCEDURE – HOW TO REQUEST MANUAL VERIFICATION

STEP 6

DHS should respond to SSA within 15 federal work days after receiving

the Form G-845. If DHS does not respond within 15 federal work days from

the receipt of the G-845 from SSA, follow-up with the DHS, USCIS

Immigration Status office. (Allow 15 days plus five additional federal work days of

mail time for the G-845 to be received at and returned from DHS.

Follow local practice to follow-up with DHS. Some SSA offices have an

arrangement with the DHS, USCIS office to telephone for the follow-up

contact; other SSA offices send a copy of the original G-845 annotated

“second request.”) If the DHS response is still not received within 15

federal work days after the follow-up contact (if the follow-up is by

mail allow five additional federal work days of mail time for the G-845

to be received at and returned from DHS), make a second follow-up

contact. If the DHS response is not received within 15 federal workdays

(again, if the follow-up is by mail, allow five additional federal work

days of mail time for the G-845 to be received at and returned from

DHS), after two follow-ups, contact the RO. Also report to the RO any

trend that shows a serious deviation by DHS from the above time frames.

The RO will consult with central office.

--------------------------------------------------------------------------

http://policy.ssa.gov/poms.nsf/lnx/0100203001

RM 00203.001 Evidence Required for an SSN Card

C. POLICY - EVIDENCE FOR AN ORIGINAL OR NEW SSN

1. Work Authorized SSN Card

An alien allowed to work must provide evidence establishing age,

identity and work authorized lawful alien status.

--------------------------------------------------------------------------

http://policy.ssa.gov/poms.nsf/lnx/0100203020

RM 00203.020 Number of Documents Required for an SSN Card

2. Original (and new SSNs)

At least two documents are required and should be requested.

b. Aliens

A foreign born individual should always be requested to submit a foreign

birth certificate if one is in his/her possession or if one can be

easily obtained. However, if a foreign birth certificate does not exist

or cannot be obtained, accept alternative evidence of age.

The DHS document (e.g., I-551, I-94, or an employment authorization

document) establishes lawful alien status or work authorization and

either identity or age. If the DHS document is used to establish alien

status and identity, the alien must provide another document, such as a

passport or birth certificate, to establish age.

--------------------------------------------------------------------------

http://policy.ssa.gov/poms.nsf/lnx/0100203200#E6

RM 00203.200 Evidence of Identity for an SSN Card

--------------------------------------------------------------------------

http://policy.ssa.gov/poms.nsf/lnx/0100203030

RM 00203.030 Requesting Documents for an SSN Card

B. POLICY - FORM OF EVIDENCE

Evidence must be:

The original document, or a copy certified by the issuing agency or

custodian of the original record. Uncertified photocopies and notarized

copies are not acceptable.

A receipt from DHS showing the alien applied for the document is also

not acceptable. The applicant must present the actual document.

Edited February 1, 2006 by mdyoung

[zyggy 9]

I'm confused. You only need to file one return, if filing joint. So he would not need a separate one here.

I'm confused too. LOL What I meant was, I read that I would do a joint one, and he would file his taxes in canada, and then today I read that I can submit a form 1116 - it's all foreign (no pun intended) to me; I'm going to see the tax man this weekend.

Actually, since your fiancee lives outside the US, you can exclude his income enitrely as long as he makes less than $80,000 US. You would file form 8555 or 8555EZ to exclude the income.

Edited February 1, 2006 by zyggy

[Yodrak 7]

Married_my_love,

If you're filing Married-Joint it's not 'my' return, it's 'our' return (expressing it from your point of view).

As zyggy wrote, when filing a joint return both filer's incomes are reported on it. But how his income is to be treated is something you may need to investigater further with a competent tax accountant. The foreign-earned income exclusion may apply, or the exclusion may be trumped by the terms of a tax treaty between the USA and Canada - I expect there must be such a treaty since many people residing in one country work across the border in the other.

Yodrak

I did the H&R block estimate - married filing seperate I get $800 back, doing it filing jointly the return is over $4K! So it is quite clear that it will be worth the hassle for me to get my husband an INIT

My question, do I file his W-7 form with MY return? Since he is in not living in US is that correct? I saw in the instructions you are supposed to mail it with a return to a seperate address but doesn't say WHOSE return specifically.

And do I put his income from Canada? he worked for 4 months last year - I don't think it'll change my return that much but I wanted to understand this... on his end, does he have to file jointly even though not in US?

I am going to be seeing my husband in 2 weeks so it should be fairly easy to get his sig on the return, get his passport notarized and get the INIT signed. I prolly should make an appt with a tax person asap.

[joej 0]

I have two questions for the board: When my wife arrives in the U.S. how long does she have to wait till she can apply for a SSN? (I need her SSN number to do my taxes this year)

How long does it take to receive her green card once she enters the U.S.? Her POE will be Miami

sometime in March.

Thanks and good luck to everyone out there

You can get her a ITIN number instead of a social for tax purposes. I think it is form W7. As far as I know you need her original signature on that though.

My husband did not wait for his social. Instead we went to the local ss office and applied for it. He recieved his in the mail one week after he applied. Got the green card aproximately 3 weeks after POE.

Good Luck.

[Yodrak 7]

joej,

Agreed. And the big dog doesn't need to wait for his wife to arrive in the USA - he can get his wife to sign a W-7 and send him the necessary supporting documentation right now, along with signing the tax return, while she's still in her country.

Yodrak

I have two questions for the board: When my wife arrives in the U.S. how long does she have to wait till she can apply for a SSN? (I need her SSN number to do my taxes this year)

...

Thanks and good luck to everyone out there

You can get her a ITIN number instead of a social for tax purposes. I think it is form W7. As far as I know you need her original signature on that though.

...

Good Luck.

[the big dog 0]

Thanks everyone for all your help & information. This makes things alot easier for me now.. :)

6 weeks and counting till my wife steps on U.S. soil.

Good Luck!!!!!!