Tax Filing - filing status?

[draygri 3]

You have been married since March 2011?

That was a typo which I could no longer edit.

March 2012. Sorry!

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

Based on the quote above, might filing "Single" be the best option due to my situation? (Please read below.)

Additional Information:

I did some brief reading again on the W7 form and it would appear as though I'd need to submit original documents (or certified copies) for verification in order to receive the ITIN.

As we are so far into the USCIS, I'm wondering if this would be a good idea or not. With some luck, we will be into, or maybe even through, the NVC stage within the next couple months. This is the same timeframe given for receiving the ITIN. I'm uncertain as to whether or not sending the documents out at this point is a good idea. [Also, due to the horrid government in Cambodia, the simple act of receiving a certified copy can take a month or even longer - based on experience. And the same goes for the postal service.]

I'd love some suggestions.

[VanessaTony 3,567]

A lot of people in your situation simply file single and then amend their returns once the spouse is in the US with a SSN. This may make it simpler for you.

[CarlosAndSveta 808]

That was a typo which I could no longer edit.

March 2012. Sorry!

Based on the quote above, might filing "Single" be the best option due to my situation? (Please read below.)

Additional Information:

I did some brief reading again on the W7 form and it would appear as though I'd need to submit original documents (or certified copies) for verification in order to receive the ITIN.

As we are so far into the USCIS, I'm wondering if this would be a good idea or not. With some luck, we will be into, or maybe even through, the NVC stage within the next couple months. This is the same timeframe given for receiving the ITIN. I'm uncertain as to whether or not sending the documents out at this point is a good idea. [Also, due to the horrid government in Cambodia, the simple act of receiving a certified copy can take a month or even longer - based on experience. And the same goes for the postal service.]

I'd love some suggestions.

Filing as Single when you are actually married is not proper. If you don't want to file the paper work to get your spouse and daughter an ITIN then you should file as Married Filing Separately. You just won't be able to file your return electronically. Please ignore people that tell you to file as SIngle and then amend your return.

[rin and john 71]

1356479046[/url]' post='5888368']

I did some brief reading again on the W7 form and it would appear as though I'd need to submit original documents (or certified copies) for verification in order to receive the ITIN.

As we are so far into the USCIS, I'm wondering if this would be a good idea or not. With some luck, we will be into, or maybe even through, the NVC stage within the next couple months. This is the same timeframe given for receiving the ITIN. I'm uncertain as to whether or not sending the documents out at this point is a good idea. [Also, due to the horrid government in Cambodia, the simple act of receiving a certified copy can take a month or even longer - based on experience. And the same goes for the postal service.]

I'd love some suggestions.

If you would be getting a refund filing "married filing jointly" then if possible wait until she is here and has her SSN. If she won't be here until after April15th, you can file online for an automatic six month extension, giving you until October 15th to file (we did this in 2008 while waiting for Rin's SSN. In 2007, Rin did not have an SSN. We went to the US embassy in Bangkok to get a certified copy made of her passport. Then I submitted the w-7 for the ITIN.

John

[VanessaTony 3,567]

Filing as Single when you are actually married is not proper. If you don't want to file the paper work to get your spouse and daughter an ITIN then you should file as Married Filing Separately. You just won't be able to file your return electronically. Please ignore people that tell you to file as SIngle and then amend your return.

It's not really proper no but apparently it's allowed as I'm CONSTANTLY corrected :S I did a K1 so I had the fun of that, not a spouse living overseas.

Personally I would do the ITIN option because of the bigger return potential which during this expensive process certainly can't hurt!

Edited December 26, 2012 by Vanessa&Tony

[jkelly07 120]

for assistance on the w-7 an itin number call this number in austin tx 1-800 -908-9982 IRS.GOV she can down load the w-7 form sign it and date,sent it to you you dign it also along with a copy of your marrige certificate and a copy of your us passport follow the instractions on the w-7 only send it to the irs address thats on the w-7 you will be sent a itin number to use on your tax returns even if that person don't work. or lives in another country.as long as your marriedyou can file your taxes as married

[ProudAfrican 5]

File for joint income return tax,like others said get her an ITIN from IRS and use that number for her when she get here and get her ssn the ITIN will be no more be valid after informing IRS of new ssn.

NB: filing joint tax is one way to show continuous relationship between the petitioner and the applicant so it s in your interest and it will also save you some return bucks since you have dependents

[Enigma11561 336]

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

You are right. Just a wrong choice of words.

[Edward-Jenny0608 4]

Me & my husband got married April 2010..when I filed for my 2011 tax around Feb...my accountant filed mine as "Head of Household", she said because my husband is not here yet in US and dont have SSN and no record of income. Would that be right?

[hellINTIM 9]

My husband filed married & Separately . That's what the IRS told him when he called them bcoz his accountant telling him he can't claim jointly ( He needs my ssn ) And beside your not living in USA yet , govt won't ask you why filing separately if your both not living together in the same country.

[Love's JAA 100]

You coud file as married-filing-separately now, and if you choose amend to a married-filing-jointly up to three years after the initial return was filed.

As far as being considered unmarried, I believe that is only if you would otherwise qualify for head of household status, not as single.

[ChetT 9]

My situation was like yours. I was married in 2010, and I file married jointly in 2011 with my wife(was in Cambodia at that time, She did not have SSN). This is another good reason for proof of genuine marriage.

Followed the ITIN guideline and got her ITIN # in 3 weeks. The demanded "Her real passport".

OH....I almost forgot to mention, the reason I did that because I could get $3,500 more.

If you need first hand help, PM me.