2010 TAX ? whats the best way ? Extend or Single or Married

[hindustani24 7]

hi hindustani,

did you use spouse's birth certificate and her voter id from india ( is this mandatory )

i do have her birth certificate but will have to see if she can send me voter id... what is this used for..

do appreciate your help..might go this route as welll..

i am on call with IRS to see what they say..

will update ASAP.

thanks

here is a link to my post which explains my experience:

http://www.visajourney.com/forums/topic/301407-my-experience-with-w7-process-to-get-itin-without-using-passport/page__p__4556664__fromsearch__1#entry4556664

To answer your question, i didn't want her to mail her passport to me and i had her birth certificate for NVC anyways so i just asked her to send me the voter ID because if you don't provide passport then you need to provide 2 IDs. Read the link in my post for the list of IDs accept. Let me know if you have any question regarding the whole process.

Nice to know that

I did it nearly a week ago, and was plannign for getting an extension for the state

since they are claiming 8-10 weeks for ITIN.

Did you go to the local IRS office or just send it directly to Austin?

I sent it directly to Austin.

[hindustani24 7]

I followed post # 12 on this topic (it was very helpful):

http://www.visajourney.com/forums/topic/293088-filing-taxes-as-married/

[Myopia 93]

Oh man, don't tell me that

This debate pops up here all the time and I went the other way. I guess I'll find out soon if that kills it.

You could have filed as head of household if you had dependants and your spouse was outside of the US.

VJ Thread

Edited April 5, 2011 by Myopia

[Jubi & Tony 3]

Maybe I'm reading this wrong....But when did you get Married? If you didn't get married in 2010, than you are filing Single. If you did get married in 2010, file Married (Joint return) and file for an extension now. It's much easier to file extension and then file the regular tax return than to file a 1040x. A regular 1040 takes about two weeks to process. A 1040x can take up to 3 months and you have more paperwork to submit. Its like redoing your taxes again. I just did a 1040x last year for a mistake that I saw HR Block had in their software which resulted in a much bigger return for me.

[krisca 0]

my husband filed single. . . but the tax agency said when i get to the states they will amend it. . .

[waitwaitwait 3]

I think there is good "guidance" here but I always go to the source. In my case I went and filed my tax return with request for ITID and got the typical letter of rejection and asking for more info. I did call the customer service made sure I got the name and badge number. Got some good advise on how to do it and put a cover letter with the name and badge number of who I talked to at IRS. I am hoping for a positive response and will post later. Good luck but I would suggest if you are married file as married or married filing separate and possible amend you return. READ THE TAX BOOKLETS AND CALL: THE IRS HOT LINE PRIOR TO SENDING.

[J e n n y 26]

On the W-4 form, under item 3 (where you mark single, married or or married but withhold at higher single rate, it clearly states, "Note: If married, but legally separated, or your spouse is a nonresident alien, check the "single" box."

Also, check out Notice 1392, Supplemental Form W-4 Instructions for Nonresident Aliens.

[Casprd 167]

Hi All,

I know there have been several discussions about TAX Filing.

So now i know my wont make it here before April 15th , so what is the best option :_

1) Extend my Filing Dates ( but i think this requires SSN too , if I am not wrong ) . OR just extend as Single and than file as Couple.

2) File as Single and than later ammend as married ? Is this ok ? Essentially I am lying that I am Single.

3) Married Filing Jointly with W7 ( ITIN application ) ?

Which is the best .. Please advise.

Thanks,

Babaa.

Definately file as married if you already are. As others pointed out, filing single can cause the visa to be denied. To file jointly you will either need your spouse to have a SSN or you can file a W-7 to request an ITIN. If you file married and joint then you will need to report her wages if she has any, and pay taxes on these. For my wife, I had a copy of her employment contract so we included this as other income not subject to withholding (so no fica tax comes out). If you go the W-7 route you will need notarized copies of your marriage certificate, and certified copies of two ID documents. Government ID, Birth Certificate, Passport are all good. The W-7 instruction form gives a list of these. You will also need a "resident letter" signed by both of you that states you would both like to be treated as US residents for the tax year 2010. If you go this route, you can't file electronically and the whole Tax return with the W-7 and supporting documents must be mailed to a different address. Any place on the documents that asks for your wife's SSN just put ITIN Applied.

[babaa 0]

Here is another side of the Story :-

If you are eligible to get s SSN , which all our spouses will be once they come here. You are not supposed to apply for ITIN. Its clearly mentioned on the ITIN W7 , than why would you apply for ITIN. Wouldnt that be illegal.

I could be wrong, but just putting out what i saw.

[Casprd 167]

being able to file for a SSN once the spouse gets here is not the same thing as being eligable to file for a SSN now. It is entirely legal to file for an ITIN and a fairly common practice. Immigration intentions don't have an impact on IRS tax rules and regulations.

[babaa 0]

The Only Reason i brought it up is yesterday I talked with IRS. They read this also.

Moreover it says if you are going to be eligible to file for SSN than dont file for ITIN. SO technically in future our spouse will be , correct ?

Or at this point they wont , so just go ahead and do it.

[baylily 0]

That's not the issue, it is the filing of a return as single when not.

Well, yes, it is, actually. I'm stating that on another tax related document, it was clearly expressed to tick the "single" box if your spouse has no SS. W4 and W2 are related. So, using the same language, one could infer that if your spouse has no SS, you have the option of filing as "single", just as you are REQUIRED to tick the single box on a W4. Now, I know there are other options, like requesting the temp identification number and paper filing, however, I don't believe this is the only possibility.

I have called the IRS today to get the information, but their computers are down. Brilliant. 10 days to go, and I get a "call back later".

[Mr Er 3]

The Only Reason i brought it up is yesterday I talked with IRS. They read this also.

Moreover it says if you are going to be eligible to file for SSN than dont file for ITIN. SO technically in future our spouse will be , correct ?

Or at this point they wont , so just go ahead and do it.

Talking in IRS or NVC language, processing I-130 is not a guarentee of VISA to your relative.

Think other way, just consider present (not future), is your spouse eligible to get SSN right now? if yes, then go get SSN, otherwise you are eligible to apply for ITIN.

By the way, extension does not require ITIN or SSN of spouse, all you need to write in the block of SSN is ITIN TO BE REQUESTED.

I hope I answered correctly.

[J e n n y 26]

There is no way that a visa would be denied because the petitioner filed single. On the tax form it's called "filing status" NOT "marital status." The consulate officials know all about it.

[J e n n y 26]

Well, yes, it is, actually. I'm stating that on another tax related document, it was clearly expressed to tick the "single" box if your spouse has no SS. W4 and W2 are related. So, using the same language, one could infer that if your spouse has no SS, you have the option of filing as "single", just as you are REQUIRED to tick the single box on a W4. Now, I know there are other options, like requesting the temp identification number and paper filing, however, I don't believe this is the only possibility.

I have called the IRS today to get the information, but their computers are down. Brilliant. 10 days to go, and I get a "call back later".

Exactly! I wouldn't take anyone's tax advice on here. Everyone's situation is different.