Filing Federal Taxes - how to reflect that your husband is awaiting US Visa?

[sba.rsa 10]

Hello,

I recently got married and my husband is in India, currently waiting for US Visa.

I file US Federal taxes, how do I reflect this lifetime event on my tax forms?

[Darnell 8,478]

if you wish to file 'married filing jointly' status, your spouse needs a SSN or an ITIN.

If your spouse currently not have any SSN, then please review the instructions on the w-7 form to obtain an ITIN.

When chasing after an ITIN, all forms are mailed to the special W-7 processing address in Austin, TX.

Good Luck !

[pgupta 19]

Hello,

I recently got married and my husband is in India, currently waiting for US Visa.

I file US Federal taxes, how do I reflect this lifetime event on my tax forms?

if your husband is not in US and do not have SSN you will not be able to include him in Taxes, you will have to file as married filing separately

[arabianprincess 5]

I asked a tax preparer about this same question and she said I would need to file single because my husband doesnt have a ssn

[Darnell 8,478]

http://www.visajourney.com/forums/topic/401561-filing-federal-taxes-how-to-reflect-that-your-husband-is-awaiting-us-visa/page__view__findpost__p__5841875

[Ryan H 3,812]

Moved from IR-1/CR-1 Progress Reports to General Immigration-Related Discussion; topic is question regarding filing taxes, not a case status update.

[Love's JAA 100]

I asked a tax preparer about this same question and she said I would need to file single because my husband doesnt have a ssn

THAT'S ABSOLUTELY WRONG. FIND A NEW PREPARER.

[Love's JAA 100]

Hello,

I recently got married and my husband is in India, currently waiting for US Visa.

I file US Federal taxes, how do I reflect this lifetime event on my tax forms?

This is also from Darnel on another related topic:

http://www.visajourney.com/forums/topic/398440-can-hubby-add-me-as-dependant-even-im-still-in-philippines-in-his-itr/page__view__findpost__p__5805597

if your husband is not in US and do not have SSN you will not be able to include him in Taxes, you will have to file as married filing separately

Where did you read this? Please check your sources.

[Deep2009 18]

You can add your husband if he has SSN or you are applying ITIN while sending tax returns...

To get ITIN number, you need following

1. Have your hubby's passport notarized by Embassy (I think you may have to go with him to do it)

2. OR have your hubby's passport copies have the "apostille stamp" by External affairs ministry of India.

The second step is long process, so get started now.

I tried step 2 for me, it was just too much work to do it. So, I end up filling amended return when she was here in US.

[Margotrita 0]

Hello,

I recently got married and my husband is in India, currently waiting for US Visa.

I file US Federal taxes, how do I reflect this lifetime event on my tax forms?

http://www.irs.gov/uac/What-is-My-Filing-Status%3F

My spouse has never resided with me, so I was under the impression I would still file single. I obviously need to research this. I would prefer to file single so that my daughter will be eligible for financial aid for college.

My spouse has a household he pays for in Canada, as he still resides there. (Our I-130 is pending) I have a household in the U.S., for which I am financially responsible.

I would like to hear about others' experiences with IRS filing.

[Darnell 8,478]

Here's what my wife and I did.

She went to the US Embassy on an ACS appointment, and had her bio page of her passport notarized there (50 bucks)

then she signed the W-7 and 1040, along with a letter that stated we both wanted her to be declared a resident for tax purposes, sent all to me via fast post.

I then signed all the forms, sent all to the W-7 address listed in the instructions.

Got a check back 3 months later, along with an ITIN for my wife.

[DaveE 178]

http://www.irs.gov/uac/What-is-My-Filing-Status%3F

My spouse has never resided with me, so I was under the impression I would still file single. I obviously need to research this. I would prefer to file single so that my daughter will be eligible for financial aid for college.

My spouse has a household he pays for in Canada, as he still resides there. (Our I-130 is pending) I have a household in the U.S., for which I am financially responsible.

I would like to hear about others' experiences with IRS filing.

There was at least one lady who visa was held up at least a month due to the husband filing as single. "I just had my Cr1 interview today here in Singapore. When the CO checked my husband's IRS form she questioned why did my husband filed in his tax return for 2010 that he is single well in fact we already got married April 2010. She said, did your husband lie to the IRS?" Her story is here: Tax issue

[aaron2020 11,651]

if your husband is not in US and do not have SSN you will not be able to include him in Taxes, you will have to file as married filing separately

Wrong.

I asked a tax preparer about this same question and she said I would need to file single because my husband doesnt have a ssn

The tax preparer is an idiot. How can you claim on your taxes to be single with the US government, then petition for your husband with the same US government based on you being married?

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

To the OP:

You cannot file as single. You are not single. You are married.

As a married woman, you have two choices to file your taxes (I will assume you have no children and will not file as head of household);

1. You file as "married filing separately." Only your income is reported. You end up paying more taxes than if you file wrongly as single, so this is why tax preparers and people cheat and file wrongly as single to avoid paying more taxes.

2. You file to get an ITIN for your husband. You cannot get an SSN for him while he is outside the US. You can only get an ITIN. With the ITIN, you and your husband can file as "married filing jointly." You will need to report his income. Since his income is from India and there is a foreign income exemption, he ends up being an additional person who will lower your overall taxes.

[Margotrita 0]

Hello,

I recently got married and my husband is in India, currently waiting for US Visa.

I file US Federal taxes, how do I reflect this lifetime event on my tax forms?

Just read this on the IRS website...http://www.irs.gov/Individuals/International-Taxpayers/U.S.-Citizens-and-Resident-Aliens-Abroad---Head-of-Household

If your spouse was a nonresident alien at any time during the year and you do not choose to treat your nonresident spouse as a resident alien, then you are treated as unmarried for head of household purposes. You must have another qualifying relative and meet the other tests to be eligible to file as head of household.

So, can this be interepreted that I can file single? My spouse has never resided in the U.S. during 2012.

Thank you for your input!

[Darnell 8,478]

if you choose to elect that the foreign spouse be treated as a resident alien for tax purposes, well, you write a letter stating so, attach it to the W-7 form. That's what we did, she got an ITIN a coupla months later.