FILING TAXES FOR NON RESIDENT

[EmYeu 3]

do you really need to send in the W7 form when claiming your non resident wife if she doesnt' work?

my tax preparer said i don't need to send that in for ITIN number.

just confused.

[YuAndDan 153]

NOT a citizenship topic. More of a general immigrations topic if spouse is not yet in the USA and does not yet have SSN.. MOVING

You wont be "claiming" spouse, this a joint tax return. Yes will need either an ITIN, or SSN for spouse to be able to file a Joint return.

I would be working with a better tax preparer.

Edited February 14, 2011 by YuAndDan

[wendy&tamer 10]

do you really need to send in the W7 form when claiming your non resident wife if she doesnt' work?

my tax preparer said i don't need to send that in for ITIN number.

just confused.

My Tax guy said I didnt have to and I ended up being required to....it caused lots of delays not to get it done. They paid me but adjusted the amount not to include my husband then I had to do lots of running around to get back the amount they took out...in my opinion its just easier to go ahead and do the w7 if you have the time, if not do it without but plan to do an amendment later.

[YuAndDan 153]

If case is spouse not in USA yet and will be interviewing for visa at sometime FILE a JOINT return.

I have seen someone get bad tax advice and filed as single when married, this resulted in a denied visa, the IO questioned bonafide marriage relationship when seeing the single tax filing.

http://candleforlove.com/forums/index.php?showtopic=42423&view=findpost&p=563628

[Audy_Rob 26]

If case is spouse not in USA yet and will be interviewing for visa at sometime FILE a JOINT return.

I have seen someone get bad tax advice and filed as single when married, ...

I think you have mixed up Married filing Jointly or Separately with Married filing Singly.

They might not want to file a JOINT return even though married. If the non-resident alien spouse has a sizable foreign income that is not taxed in their country, it might make more sense to file MARRIED - Filing Separately.

Even the foreign (NR) spouse has no income or paid substantial foreign income tax on that income, then it might make sense to file MARRIED - Filing jointly.

I think you are trying to make the point to file MARRIED. But you are wrong to tell them to file a joint return. It depends heavily on the financial circumstances and tax liabilities.

Good luck to all

[EmYeu 3]

My wife doesn't have any income.

she doesn't work.

I m file as a joint marriage for visa purpose.

[Audy_Rob 26]

My wife doesn't have any income.

she doesn't work.

I m file as a joint marriage for visa purpose.

Yours is one case in which you can decide to file MARRIED - JOINTLY. Others might decide to file MARRIED - SEPARATELY.

Good luck all.