Income tax return for foreign spouse

[iamwhatiam80 92]

I am a Green card holder and I will be applying for citizenship next year.

I got married in 2010 to a girl from India. I have been filing my income tax returns as single as she is not eligible for a SSN. Someone in another thread told me that she can get a ITIN number. I will get more information about this from the local IRS office.

My question is :

1. If i don't apply for her ITIN and file as single, will this have any negative consequences when I apply for her green card ?

2. If I apply for her ITIN and if she gets one, then do I have to redo my last 2 years returns with her name included and all the future returns until she comes here and gets an SSN.

Anyone who is/was in the same boat like me, please share your experiences. Let me know if your petition was successful or did you receive RFE in this situation. Thank you v much.

[Olomi_811 130]

1.no

2.no

It's not necessary to add them. You could have filed married filing separate, but that's not an issue either. If you do married filing joint and get the ITIN it puts you in a different tax bracket and hopefully you have a larger return. You have to file taxes on paper and not electronic. If you have someone prepare your taxes they will probably tell you it can't be done. They just aren't informed enough to know how to do it.

[iamwhatiam80 92]

1.no

2.no

It's not necessary to add them. You could have filed married filing separate, but that's not an issue either. If you do married filing joint and get the ITIN it puts you in a different tax bracket and hopefully you have a larger return. You have to file taxes on paper and not electronic. If you have someone prepare your taxes they will probably tell you it can't be done. They just aren't informed enough to know how to do it.

Thanx for your reply. So it means I will not have any issues when I submit the I-864 affidavit of sponsorship which will have my tax returns and that will only have my name on it.

Anybody with a second opinion here. I dont want to have issues in the future. Please share your experiences.

[JohnR! 5,495]

If you're going to file for her immigrant visa based on marriage and your taxes show you as single, it will raise flags.

IMHO consider getting your wife a ITIN, amending your taxes accordingly and doing things the correct way.

Here is the IRS link on foreign spouses: http://www.irs.gov/publications/p54/index.html

Here is the link where you can find out more about the ITIN : http://www.irs.gov/individuals/article/0,,id=96287,00.html

Good luck!

[Olomi_811 130]

No one asks why anyone filed married single. As said before many tax preparers don't even know it can be done. They are looking at how much you make and if you can financially support the person you are petitioning for. I filed married joint with an ITIN and got approved. I have friends who filed single and still approved.

Personally, I felt I was taking a step to show we are legit and share.

[iamwhatiam80 92]

No one asks why anyone filed married single. As said before many tax preparers don't even know it can be done. They are looking at how much you make and if you can financially support the person you are petitioning for. I filed married joint with an ITIN and got approved. I have friends who filed single and still approved.

Personally, I felt I was taking a step to show we are legit and share.

Thanx Olomi_811

Personally I felt that way as well. But you know what I will do it just for the heck of it. Maybe I will get some return check from them