Tax Filing - filing status?

[draygri 3]

Hello, everyone, and Happy Holidays!

I had a small question.

Soon, I will be filing my income taxes. I was curious about the filing status.

My wife and I have been married since March of 2011. We are still in "Initial Review" with USCIS and assume that we could still be at this point over then next month or two. That means she is still residing in her native country of Cambodia.

So, when I go in to file my 2012 Income Tax, since we obviously cannot file jointly, should I choose "Married Filing Separately" for my status? If so, will any information be needed concerning my wife?

And how will this differ from all my years as filing "Single"? (Just curious about that one as I've never been married before.)

Thanks everyone!

Edited December 25, 2012 by draygri

[bigdog 376]

Does she have a social security number? I would file, married using her social, better tax break.

[allan-nhez 0]

Hello, everyone, and Happy Holidays!

I had a small question.

Soon, I will be filing my income taxes. I was curious about the filing status.

My wife and I have been married since March of 2011. We are still in "Initial Review" with USCIS and assume that we could still be at this point over then next month or two. That means she is still residing in her native country of Cambodia.

So, when I go in to file my 2012 Income Tax, since we obviously cannot file jointly, should I choose "Married Filing Separately" for my status? If so, will any information be needed concerning my wife?

And how will this differ from all my years as filing "Single"? (Just curious about that one as I've never been married before.)

Thanks everyone!

u can file married,jointly filling even she is in the cambodia..but u will provide a ITIN for those who doesnt have yet a ssn..u can obtain the ITIN by fill up the W7 form in the IRS site and pasport id..

[draygri 3]

As stated, we are not yet even to the NVC stage; she does not have a social security number, visa, green card, etc. As such, she obviously doesn't meet any IRS requirements at all to file.

Due to the above, the only reason she would need/want an ITIN is to file jointly. And that doesn't seem worthwhile at this point.

[EminTX 131]

When you work up your taxes, figure both ways and THEN decide. The difference for me last year would have been 3000U$. THAT is very well worth the effort IMHO.

[aaron2020 11,651]

Hello, everyone, and Happy Holidays!

I had a small question.

Soon, I will be filing my income taxes. I was curious about the filing status.

My wife and I have been married since March of 2011. We are still in "Initial Review" with USCIS and assume that we could still be at this point over then next month or two. That means she is still residing in her native country of Cambodia.

So, when I go in to file my 2012 Income Tax, since we obviously cannot file jointly, should I choose "Married Filing Separately" for my status? If so, will any information be needed concerning my wife?

And how will this differ from all my years as filing "Single"? (Just curious about that one as I've never been married before.)

Thanks everyone!

As a married man, you can either file alone as "married filing separately" or you can file with your wife as "married filing jointly."

If you file as married filing separately, you will pay more in taxes than if you were single. This is because the personal deduction are lower and the tax rates more compressed for those filing married filing separately versus singles.

If you file as married filing jointly, you and your wife would file a joint return. If her income is low, then you definitely want to file this way. This gives you tax exemptions and deductions for two people and a much more generous sets of tax brackets which would result in a low net tax liability versus filing as single. Looks like she has a daughter (my assumption based on your profile picture), then that is an additional deduction. Get ITINs for both of them and save yourself a lot of taxes.

As stated, we are not yet even to the NVC stage; she does not have a social security number, visa, green card, etc. As such, she obviously doesn't meet any IRS requirements at all to file.

Due to the above, the only reason she would need/want an ITIN is to file jointly. And that doesn't seem worthwhile at this point.

It could be very worthwhile to file jointly if she has little or no income. It would be extremely worthwhile if she has a dependent daughter. Those are two additional tax exemptions which will lower your tax liability.

[Enigma11561 336]

Forget where you are in regard to your filing status. Your married. That's all the IRS needs to know. Where she is living does not matter. She has no income so you will be putting only yours down. But you really want to claim both her ( and her daughter) as dependents. So get the ITIN numbers and include them. Filing married gives you the most tax breaks and returns.

[AnhDoiEm 9]

you apply ITIN number (9 digits) for tax purpose only

[Roosha 51]

You can use this tool on the IRS website to figure it out: http://www.irs.gov/uac/What-is-My-Filing-Status%3F

However, there is one clause in the definition of spouse that if your spouse is a non-resident alien and you choose not to treat them as a resident then you are considered "un-married".

"Nonresident alien spouse. You are considered unmarried for head of household purposes 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. However, your spouse is not a qualifying person for head of household purposes. You must have another qualifying person and meet the other tests to be eligible to file as a head of household." Here's the IRS publication that defines the different filing statuses in depth: http://www.irs.gov/publications/p501/ar02.html#en_US_2011_publink1000220721

[ik2011 2]

I think it is worthwhile to get ITIN for them both and file 'married filing jointly', not just to save taxes. Taxes you can reclaim even later by amending your tax returns. But 'married filing jointly' makes your immigration case stronger, from what I understand.

[Dave&Roza 748]

Forget where you are in regard to your filing status. Your married. That's all the IRS needs to know. Where she is living does not matter. She has no income so you will be putting only yours down. But you really want to claim both her ( and her daughter) as dependents. So get the ITIN numbers and include them. Filing married gives you the most tax breaks and returns.

The daughter is a dependant, the spouse is never considered a dependant (just a pet peeve I have about calling a spouse a dependant). I agree with everything else.

Dave

Edited December 25, 2012 by Dave&Roza

[xander1 0]

According to IRS publication 519:

If, at the end of your tax year, you are married and one spouse is a U.S. citizen or a resident alien and the other spouse is a nonresident alien, you can choose to treat the nonresident spouse as a U.S. resident.

[Cathi 5,744]

When my husband still lived in his home country before his visa was approved, my accountant advised me to file "married filing separately". He had no SS number or ITIN number yet so filing jointly wasn't a possibility.

Edited December 25, 2012 by mimolicious

[VanessaTony 3,567]

When my husband still lived in his home country before his visa was approved, my accountant advised me to file "married filing separately". He had no SS number or ITIN number yet so filing jointly wasn't a possibility.

You would have filed a W-7 with your return and he would have got an ITIN.

[VanessaTony 3,567]

You have been married since March 2011? You could have filed your 2011 taxes as married as well (and if you didn't and instead filed single you will need to amend your return to reflect married - jointly or separately, or at least head of household) and can of course file your 2012 taxes as married as well.

It is my understanding that at least the first time you will need to file the taxes by paper (instead of electronically) and send the W-7. It will take a little while but you will get the ITIN for your spouse issued.