How to file tax return if spouse is nonresident?

[OGHD 0]

hi dear friends,

i am an 1-130 filer with approaching noa2

my wife is PR since jan 2010

never worked and earned money in US, also never filed any tax form or payed taxes

we married dec 2011

what should we do about it?

should we be worried about past years taxes unfilled?

i think we should fill:

2010 separately single ( form 1040)??? ---> by internet

2011 and 2012 married and jointly (forms 1040 +w-7 + letter of alien resident + translated id or bith certificate) ----> paper mailed by usps

am i correct???

thanks for your helpful informations,

[aaron2020 11,651]

You are not correct.

Your wife is not required to file US tax returns because she had no income and therefore was not required to file.

As a non-resident non-citizen who earned his money outside the US, you are not required to file US tax returns. Marriage to a US resident does not matter.

You can volunteer to pay US taxes if you want. I wouldn't do that.

Your wife does not need income tax returns for your immigration. Even if she files, she cannot meet the poverty line and you would need a co-sponsor.

[OGHD 0]

You are not correct.

Your wife is not required to file US tax returns because she had no income and therefore was not required to file.

As a non-resident non-citizen who earned his money outside the US, you are not required to file US tax returns. Marriage to a US resident does not matter.

You can volunteer to pay US taxes if you want. I wouldn't do that.

Your wife does not need income tax returns for your immigration. Even if she files, she cannot meet the poverty line and you would need a co-sponsor

But my lawyer told me i'd better to do it,

maybe as bona fide

or maybe he was going to charge me for that

but anyway if it is useful i'd prefer to do it by myself rather than paying for it

but i do not know the correct way to make it..

[aaron2020 11,651]

But my lawyer told me i'd better to do it,

maybe as bona fide

or maybe he was going to charge me for that

but anyway if it is useful i'd prefer to do it by myself rather than paying for it

but i do not know the correct way to make it..

Your lawyer is an idiot about financial matters.

Who is his mind volunteer to pay income taxes when it is not legally required.

Paying several thousands of dollars unnecessarily every year is pretty insane and contradicts common sense. Common sense tells people not to volunteer money to any government if they not legally obligated to pay.

Lots of people sponsoring spouses like yourself would NEVER volunteer to pay unnecessary taxes who got their immigration visas and green cards.

In the end this is your choice. However, I hope that fellow VJers will chim in to tell you that it is not necessary for you to volunteer to pay US taxes before you even get the benefit of living and working here.

Edited June 20, 2013 by aaron2020

[newacct 688]

Even if your spouse files (*anyone* in the world can file a return if they want), it would be pointless because it would be basically blank. As a nonresident, he does not report his income from outside the U.S. So he would owe no taxes.

[benzman 0]

you right man that is what i explained to some VJ members

thank you for your time

Edited June 21, 2013 by benzman

[aaron2020 11,651]

Even if your spouse files (*anyone* in the world can file a return if they want), it would be pointless because it would be basically blank. As a nonresident, he does not report his income from outside the U.S. So he would owe no taxes.

It would not be blank.

If he chooses to be taxed as a US taxpayer, then his world-wide income is subject to US taxation. So, he must report his income from outside the US if he chooses to be a US taxpayer.

He files and hopefully he can qualify for the foreign income exclusion.

Edited June 21, 2013 by aaron2020

[newacct 688]

It would not be blank.

If he chooses to be taxed as a US taxpayer, then his world-wide income is subject to US taxation. So, he must report his income from outside the US if he chooses to be a US taxpayer.

He files and hopefully he can qualify for the foreign income exclusion.

No, only a resident alien would have their worldwide income subject to U.S. taxation. A nonresident alien would not. The OP's spouse is a nonresident alien. Unless they elect to use the "nonresident spouse treated as resident" election and file jointly.

[pbel39 0]

Hello,

I am filing back taxes for 2012. I married in 2012. Now, if i file separately, I would owe the IRS, but if I file a joint return, I will not owe the IRS. My wife has never been to the U.S. and does not work in her country. I am awaiting an RFE from USCIS and I am pretty sure it is in connection with providing my tax transcripts for the pass 3 years. so my questions are:

1. for the tax transcript the IRS wants, is it a copy of my tax filings i.e. 1040?, or does it have to be from the IRS? (I want to provided them with this year's filing since, I've had a significant rise in income this past year.)

2. How does my wife sign the tax return when she is not here and does not live here, yet I need to file in order to get the credits?

3. when I file the 2012 and 2013(this year's return) should I file them together with the w-7, how would I get a transcript to provided to the USCIS since the W-7 takes a long process?

Any advice would be appreciated.

thanks

[Shamroz Kadiwal 4]

guys ...I am married but never filled MARRIED JOINTLY. anyone here who can give me step by step instruction how to do this W-7.
so far what i understood is that ...
*** I have to fill up tax return with my wife's information and keep the SSN blank.
*** fill up W-7 and mail it with supporting documents like 2013 tax return and wife foreign passport notarize copy.
Please let me if i understood anything wrong above.

[BrianPeppers 7]

Hello,

I am filing back taxes for 2012. I married in 2012. Now, if i file separately, I would owe the IRS, but if I file a joint return, I will not owe the IRS. My wife has never been to the U.S. and does not work in her country. I am awaiting an RFE from USCIS and I am pretty sure it is in connection with providing my tax transcripts for the pass 3 years. so my questions are:

1. for the tax transcript the IRS wants, is it a copy of my tax filings i.e. 1040?, or does it have to be from the IRS? (I want to provided them with this year's filing since, I've had a significant rise in income this past year.)

2. How does my wife sign the tax return when she is not here and does not live here, yet I need to file in order to get the credits?

3. when I file the 2012 and 2013(this year's return) should I file them together with the w-7, how would I get a transcript to provided to the USCIS since the W-7 takes a long process?

Any advice would be appreciated.

thanks

I'm in the same boat as well.. I can be transparent here and say if I file Single, I get a $6k tax return, if I file married, single I owe them $1k but if I file Married, joint, I get $10k back (using Turbotax estimators).

I'm more than happy to get my regular $6k but I don't think the government deserves a penny more because I just got married last year where the spouse is overseas and not applicable to US Tax Laws.