Now married but what tax do you file when spouse is in visa provess

[Roosha 51]

Regarding your child, you need to have a SSN or ITIN in order to claim them as a dependent. My son is a USC but I don't have his SSN so I didn't claim him. I also filed married/separately and put NRA (non-resident alien) in place of the SSN in order to save on time so that everything will be ready when it comes time to submit our I-864. In my opinion this is the easiest and fastest way to file if you're on a time constraint. If you have to pay anything or lose money you can always file an amended return when you have SSN for both your husband and child and get that money back. Good Luck!

[The Mean Lady 604]

'

Thank you, KDH. I had enough confusion, and adding more confusion and delay at this stage to my case is the last thing I wanted to do. So, you are right, 'filing married separately' now and later on filing an amended return as you have suggested sounds a safe route. Thank you all! What a great community!!!!!!!

Now that I'm on a computer, it's easier for me to type.

Once you transfer from an ITIN to SSN, you have to send paperwork to the IRS merging the (2) histories.

While the paperwork is not strenuous or anything, I assume after all of THIS paperwork, more paperwork is not what you have in mind after immigrating lol.

Just keep in mind what I said, it doesn't matter WHICH way you file, you will NOT be able to have transcripts until after the 15th.

If your I-864 comes up before the 15th of april, you will submit 2009, 2010, and 2011.

Then, upon interview time, you will bring 2012 along with you.

For myself, if I need to turn in my I-854 in March or before April 15th, I'll be submitting 09-11 and a copy of 12 returns and w2 as well.

Then, following April 15th, I'll request the actual transcript for the interview.

I've been having trouble getting transcripts back. Blah!

Also, keep in mind you will need to file a PAPER return, not e-file.

I suggested in another thread what I did.

I went to turbo tax, filled everything out, skipping the area requesting my husband's ssn, then printed, wrote NRA in the spot for his SSN, and mailed in.

You WILL unfortunately have to wait a bit longer for your refund, but... that's life.

At least you won't wait as long as if you had an ITIN request lol.

[speedwell 224]

Now that I'm on a computer, it's easier for me to type.

Once you transfer from an ITIN to SSN, you have to send paperwork to the IRS merging the (2) histories.

While the paperwork is not strenuous or anything, I assume after all of THIS paperwork, more paperwork is not what you have in mind after immigrating lol.

Just keep in mind what I said, it doesn't matter WHICH way you file, you will NOT be able to have transcripts until after the 15th.

If your I-864 comes up before the 15th of april, you will submit 2009, 2010, and 2011.

Then, upon interview time, you will bring 2012 along with you.

For myself, if I need to turn in my I-854 in March or before April 15th, I'll be submitting 09-11 and a copy of 12 returns and w2 as well.

Then, following April 15th, I'll request the actual transcript for the interview.

I've been having trouble getting transcripts back. Blah!

Also, keep in mind you will need to file a PAPER return, not e-file.

I suggested in another thread what I did.

I went to turbo tax, filled everything out, skipping the area requesting my husband's ssn, then printed, wrote NRA in the spot for his SSN, and mailed in.

You WILL unfortunately have to wait a bit longer for your refund, but... that's life.

At least you won't wait as long as if you had an ITIN request lol.

KDH, what if you can't file until April 15? If the interview is in late April, can the beneficiary take a copy of the petitioner's 1040 to the interview?

Edited January 21, 2013 by speedwell

[The Mean Lady 604]

KDH, what if you can't file until April 15? If the interview is in late April, can the beneficiary take a copy of the petitioner's 1040 to the interview?

Yes, you can bring a copy of your 1040 and your w2.

Must be both of those.

Why would you want to wait to file that long?

I love my refund ASAP

[speedwell 224]

Yes, you can bring a copy of your 1040 and your w2.

Must be both of those.

Why would you want to wait to file that long?

I love my refund ASAP

Because I won't get a refund. Also I have a suspicion that my tax return is better processed in rush time when they are less inclined to look for things to pick on.

[The Mean Lady 604]

Because I won't get a refund. Also I have a suspicion that my tax return is better processed in rush time when they are less inclined to look for things to pick on.

LOL I suppose that makes sense.

[LBeachey 44]

I would agree that if you anticipate an interview around April 15, file married filing separately is likely the easiest way to go. The IRS just tightened the requirements for getting an ITIN so it can be very hard to get the required paperwork in many countries. Just plan on refling, once your wife is here and has a SSN.

You weren't very clear on your exact relationship to your child but I am guessing it is not a biological child born when you were already a US Citizen; in other words the child is not a US citizen (though I understand he may become a citizen once he enters on an immigrant visa). Unless they are a resident of the Canada or Mexico, you are not going to be able to claim him no matter how much support you provide.

http://www.bankrate.com/brm/itax/tax_adviser/20070228_claiming_foreign_children_a1.asp

[Darnell 8,478]

If the interview is in mid to late April, do you have to request a transcript of the 2012 taxes, or can you just bring in a copy of the tax paperwork that the USC filed?

either. your choice.

bring tax paperwork? make certain it's complete.

[The Mean Lady 604]

Because I won't get a refund. Also I have a suspicion that my tax return is better processed in rush time when they are less inclined to look for things to pick on.

I just realized I could debunk your theory.

(2) Years ago, I filed right around the deadline and didn't see my refund or ITIN final denial until August.

Bastards!

[speedwell 224]

I just realized I could debunk your theory.

(2) Years ago, I filed right around the deadline and didn't see my refund or ITIN final denial until August.

Bastards!

I'll be better equipped to deal with any potential issues in August...

[Kat&Fermin 0]

Can you file as single??

Cus I recently got hired for a job in July, and when we were filling out tax info, it said "if you are married to an alien / non-resident, put single."

So would it be ok to put single until my spouse comes over?? I got married in another country, but technically, isn't not really seen until that person is a resident??

I am filing for an i-130.

Thanks!

[Roosha 51]

Katherinn it would be better for you to start your own thread about this. But no, you shouldn't file as single as you're not single. The easiest way to file your taxes is to check "married filling separately" then you don't need an ITIN or a SSN for your spouse. Just write NRA in the box where you're supposed to write their SSN. You won't get as big a refund, but a lot of people will just amend the tax return once their spouse arrives in the states and has a SSN in order to get the extra money if there is any.

The only time you are considered "unmarried" when married to an alien spouse is if you're filing as Head of Household. But then you'd have to have a dependent other than your spouse and a SSN or ITIN for that dependent. HTH and Good Luck!

[The Mean Lady 604]

Can you file as single??

Cus I recently got hired for a job in July, and when we were filling out tax info, it said "if you are married to an alien / non-resident, put single."

So would it be ok to put single until my spouse comes over?? I got married in another country, but technically, isn't not really seen until that person is a resident??

I am filing for an i-130.

Thanks!

What Roosha said is right.

And the tax info you're talking about is fine to stay as single.

It means they will pull more money out of your check for taxes which would be correct as when you file married separate, you will not get a full deduction for your spouse.

If you were married on your employer forms, then you would probably end up owning money when you file taxes as separate.

[Ryan H 3,812]

I got married in another country, but technically, isn't not really seen until that person is a resident??

Married is married, regardless of where the marriage took place.