How to file tax return if spouse is nonresident?

[rclcaw 0]

for married filing jointly:

--paper return only

--add w-7 with proper id

--you two sign 1040

--you sign w-7

--write letter, telling IRS that the TWO of you elect for YOU to be treated as a resident alien for tax purposes, both of you sign that.

--all is mailed into special W-7 intake address in Austin Tx.

Good Luck !

Darnell is right on. I spoke to the IRS yesterday and they told me almost exactly the same thing quoted above. The only caveat is you can't file electronically this year so it will take up to 10 weeks to process instead of 3 for electronic. Small price to pay for love!

[IT_1 0]

Hi All,

Just wanted to confirm with you all, I am at NVC stage now and I wanted to get done my Taxe for this year so I can submit with AOS.

I am filling for now as: Married filling separatly, can I amended this return later to jointly once my wife is in US and has her SSN?

Thx.

[Panda Sky 5]

Hi All,

Just wanted to confirm with you all, I am at NVC stage now and I wanted to get done my Taxe for this year so I can submit with AOS.

I am filling for now as: Married filling separatly, can I amended this return later to jointly once my wife is in US and has her SSN?

Thx.

Yes, you can amend later (up to 3 years later).

MFJ is a great bona-fide marriage evidence but I have a problem.

I don't know his income. He works for his family. He doesn't get pay per se. He has no idea what his share would be. And I ain't paying taxes on his entire family income.

I don't want to get audited by the IRS either. I rather deal with USCIS and this make me crazy waiting for NOA2 than deal with IRS. Anyday.

We don't have much bona fide marriage evidence since we got married in July, stay with him for 2 weeks and I came back and started the paperwork in Aug...and now we wait. No, co mingling of anything. No bills. He has never been to the US. What should I do? How much of his family income would you report? Pro rata share??? Maybe I'll say he got fired so that's why he needs a wife to support him. HA!

[Andromeda 1]

Guys, I'm a petitioner. I'm with you about the idea of filing jointly. But I got a couple of practical questions underneath and would really appreciate if any of you could answer (especially the petitioner)

1. Does the interviewee need to turn in both the federal and state tax return during the interview? Or just the federal tax return will work?

2. I talked to my accountant last year but she wouldn't do a W-7. In other words, in order to get a temp tax payer ID, I gotta file the tax return on my own.

3. Say I'm going to work out my 2012 tax return. The first step is I need to file a paper return with W-7 and mail the package to IRS. According to IRS website, the processing time generally takes about 10 weeks. That is if I submit my tax return by the end of Feb 1, I should expect a response from IRS in the middle of April. But that's almost the deadline of 2012 tax return. Not to mention that I need the temporary tax payer ID from IRS to file my state tax return, which is due on the same day Apr 15.

4. Married and filed separately is not an option either, because both IRS and State Gov still need the non-resident spouse's tax ID in this case. So it look as if the tax-payer ID is the key question, when IRS could give me this number based on the W-7 I submitted. That's real issue.

To be honest, I like this idea a lot but I just don't think it's practically feasible. Was anyone able to walk through the entire process in 2011? I would love to learn more about it. Otherwise, I guess writing a letter to the consulate on why I select to file as single would probably be a better idea.

Edited January 28, 2013 by Andromeda

[Darnell 8,478]

have your tax return prepped and the w-7 stuff together. Make 3 copies. Walk it into the IRS office closest to you, have all 3 sets stamped.

1. give over a set to the IRS clerk - who will in turn forward it all to the IRS ITIN unit in Austin TX.

2. keep a set and scan it - if you wish to you NVC Electronic Processing.

3. send off a set to yer spouse (or keep it, send spouse copies)

Good Luck !

---

the above was the answer to 'I need speed with showing my tax stuff'

To be honest, I like this idea a lot but I just don't think it's practically feasible. Was anyone able to walk through the entire process in 2011? I would love to learn more about it. Otherwise, I guess writing a letter to the consulate on why I select to file as single would probably be a better idea.

Yup, My wife and I did it . use advanced search tool here. Search term = 'Chengdu' . UserName = 'Darnell'. Click on 'Show as posts'.

[NigeriaorBust 4,087]

Thank u guys... I already tell my husband about this.

my husband file his tax return as Head of householder so he is consider unmarried. coz he has 1dependent.

my husband said, next year he will apply for 3years amended.

my next question is... is The status in Tax Return will affected immigration process or decision? since my case still not approved yet.

base on Nmaria story, eventough her husband file his tax return as 'Single' but their case already completed.

so, what do you think guys?

thanks for sharing.

Single head of household is NOT the same as single and that is the 3rd valid status when someone has a non resident spouse. It can be used ONLY if you have a dependant that qualifies your for head of house hold.

[Andromeda 1]

Darnell, this is great information. I appreciate that.

One last question. So when you turned in your three copies, did the IRS clerk give you a tax-payer ID for the spouse immediately? Or had to wait for a response from ITIN in Austin to get that?

The timing here is critical to me cz not only I need to get the state tax done as well, but also my husband interview date is approaching...

Thanks!

have your tax return prepped and the w-7 stuff together. Make 3 copies. Walk it into the IRS office closest to you, have all 3 sets stamped.

1. give over a set to the IRS clerk - who will in turn forward it all to the IRS ITIN unit in Austin TX.

2. keep a set and scan it - if you wish to you NVC Electronic Processing.

3. send off a set to yer spouse (or keep it, send spouse copies)

Good Luck !

---

the above was the answer to 'I need speed with showing my tax stuff'

Yup, My wife and I did it . use advanced search tool here. Search term = 'Chengdu' . UserName = 'Darnell'. Click on 'Show as posts'.

[n4th4ly4 9]

Single head of household is NOT the same as single and that is the 3rd valid status when someone has a non resident spouse. It can be used ONLY if you have a dependant that qualifies your for head of house hold.

yes, my husband file his tax return as Head of household. so he is consider as Unmarried. not completely single tough.

but we planning to change it to married filing jointly soon.

[NigeriaorBust 4,087]

yes, my husband file his tax return as Head of household. so he is consider as Unmarried. not completely single tough.

but we planning to change it to married filing jointly soon.

No need , take the page from the instructions about filing status that explains that Single Head of Household may be used if you qualify with a non resident husband. The status that gives you headache is just plain single.

[Darnell 8,478]

Darnell, this is great information. I appreciate that.

One last question. So when you turned in your three copies, did the IRS clerk give you a tax-payer ID for the spouse immediately? Or had to wait for a response from ITIN in Austin to get that?

The timing here is critical to me cz not only I need to get the state tax done as well, but also my husband interview date is approaching...

Thanks!

No, the ITIN is not issued immediately. It's issued in Austin - yer local IRS office will forward it off to there.

Getting the stamp from the IRS shows proof of filing, nothing else.

However, IMO, that proof is important, as you not have time to wait on transcripts.

Don't worry about not having an ITIN when yer showing yer tax returns to DoS and Guangzhou IV - the stamp from the IRS local office is the proof that you filed.

[swzeng 4]

Hi Darnell, I was searching for directions for tax filing and just to verify couple points you just mentioned. thanks for all the help!

--add w-7 with proper id -> For proper ID, I have my wife's original passport so does it need to be notarized/translated? Also I have my wife's notarized/translated birth certificate and our marriage certificate. Do I need anything else

--write letter, telling IRS that the TWO of you elect for YOU to be treated as a resident alien for tax purposes, both of you sign that. -> Any format or template I should follow?

Again thanks!

for married filing jointly:

--paper return only

--add w-7 with proper id

--you two sign 1040

--you sign w-7

--write letter, telling IRS that the TWO of you elect for YOU to be treated as a resident alien for tax purposes, both of you sign that.

--all is mailed into special W-7 intake address in Austin Tx.

Good Luck !

Edited March 20, 2013 by swzeng

[Darnell 8,478]

sheesh - if you have her original passport, then not need any type of copy of it.

re: letter: here's a suggested body...

Dear Sirs;

I am writing this letter to inform you that my wife and I are electing for her to be labeled as a resident alien for tax purposes. I am enclosing her passport and ask that you return it with the ITIN notification letter.

Respectfully Submitted,

<sign yer name>

<wife signs her name>

<<print yer name>>

<<print yer wife's name>>

[swzeng 4]

Thanks! Just curious, will the IRS take her Original passport in? Assuming they will return this correct? Just making sure I take this back to her after her interview is approved.

sheesh - if you have her original passport, then not need any type of copy of it.

re: letter: here's a suggested body...

Dear Sirs;

I am writing this letter to inform you that my wife and I are electing for her to be labeled as a resident alien for tax purposes. I am enclosing her passport and ask that you return it with the ITIN notification letter.

Respectfully Submitted,

<sign yer name>

<wife signs her name>

<<print yer name>>

<<print yer wife's name>>

[PD is Current. 50]

Will the IRS take her Original passport in? Assuming they will return this correct? Just making sure I take this back to her after her interview is approved.

Look for a local IRS office so they can authentic her passport for the ITIN application.

[flybird 0]

Related question.

I am a married USC and my wife we are still doing the visa process. I will probably file married, filing separately because tax day cometh and there is little time to do various things that would be required for filing jointly (and we can amend in years ahead). My question is what documents should we review to know:

a) Can I claim her as an exemption? Someone mentioned this, that the exemptions would be 2 not 1, in some circumstances.

Also, she doesn't earn any money in the US, doesn't live in the US of course and is not the dominant provider in any way. And her income in her home country is small.

b) How do I find out under what conditions she would also have to file a tax return?

Edited April 12, 2013 by flybird