IR/CR1, Federal Taxes, Married Filing Seperately

[dvd 1]

For 2012, I did the Married filing seperately for Federal taxes as my spouse is not in USA and obviously does not have SSN or ITIN. I could have done the Married filing Joint but decided not to go through the hassle of applying for ITIN. In my case, I just put NRA where the spouse’s SSN is requested.

I got a notice from IRS that I cannot claim my spouse as an exemption (line 6b or 1040) as there is no SSN or ITIN recorded. Hence, my tax calculation and refund was adjusted to reflect one exemption (myself).

Did anyone have the same experience? I can try to explain to IRS but they might ask me to get a ITIN. I am planning on ammending the form later anyways, once my spouse is here and has a SSN and adjust for Married filing Joint. Hopefully, that‘s possible..Any feedback on this matter?

[NikLR 13,227]

You have 3 years to amend. I suggest doing that vs trying to get anything now.

[ndu26 114]

I am glad i saw this post. This same issue has been discussed extensively under a post by 'endo' i think. I posted there that my Tax preparer had advised against the MFS option due to the no SSN and also stated I should not put NRA as the IRS will not accept it. This was the same thing the OP 's(for that thread) tax preparer has stated but popular opinion from responses was that his advise is wrong.

Anyway after much deliberation with him, we had filed for an extension as I hate paperwork and the idea of doing an amendment later was not that appealing.

Thank you for letting us know the result of your action. So many of us advocate doing something a certain but do not follow up with letting people know if it worked or not and what challenges they encountered along the way.

[NikLR 13,227]

Your tax preparer advised against MFS? Why? That makes no sense. I can see recommending against MFJ because of the time and effort it takes to get an ITIN, but not MFS. You HAVE to file married.

Sure you have the option of getting an extension, and that's a viable option. It requires more work on an I-864 filed after April 15th however and more paperwork to take to an interview after April 15th as well since they'll want to know why the spouse hasn't yet filed their taxes for the AOS paperwork. It most likely will affect people who are completing the I-864 after the deadline vs people who have already done it and have the interview after the deadline.

[Alethia and Jesus 0]

Do you know if it’s required (looks better) if we do it as married filing jointly. I have the same problem, but mine because I went back to amend it now I owe the IRS and for this year I didn’t qualify for any credits (since he doesn’t have a SS). I was doing mine as head of household because he doesn’t live with me and I’m the only one supporting the family.

[dvd 1]

I agree MFJ looks better on paper but MFS is better than not having a filed tax return if interview is scheduled for a date > Apr 15 (as pointed out in one of the replies). Do not believe the tax consultants since they have no clue about immigration. I was struggling with the same dilemna before I filed the taxes. I read the tax code pulication and it's pretty clear on what needs to be done if you are married with NRA. Although, I did not get the full benefit (refund), I am confident of getting the balance once I ammend the return at a later stage.

[dwheels76 5,468]

For 2012, I did the Married filing seperately for Federal taxes as my spouse is not in USA and obviously does not have SSN or ITIN. I could have done the Married filing Joint but decided not to go through the hassle of applying for ITIN. In my case, I just put NRA where the spouse's SSN is requested.

I got a notice from IRS that I cannot claim my spouse as an exemption (line 6b or 1040) as there is no SSN or ITIN recorded. Hence, my tax calculation and refund was adjusted to reflect one exemption (myself).

Did anyone have the same experience? I can try to explain to IRS but they might ask me to get a ITIN. I am planning on amending the form later anyways, once my spouse is here and has a SSN and adjust for Married filing Joint. Hopefully, that's possible..Any feedback on this matter?

This is true you can file separately but can not claim them as an exempt. Like me me filing MFS I owe $1346me filing MFJ I get back $345. Thats why you got the correction. I filed 2011 MFS no issue with the NRA and filed 2012 MFS still no issue. I wills amend when he gets here.

[NikLR 13,227]

Hubs went to do his taxes. Got annoyed he couldn't electronically file. He called the IRS - thankfully they told him he can't file as "Single" (I was madly typing to him the same thing on skype, so he threw me the bird. ROFL) He ran down to H&R block to do the taxes there, so hopefully they don't mess it up. We can amend it to MFJ once I'm there since he pays married taxes federally but single taxes state wise. But I don't want him to have to amend them to MFS from single if they do mess up. I need those done properly for the interview.

[RR136 5]

I filed for an extension, its easy and free. Avoid the hassle of ITIN and extends your taxes till oct 15

Edited April 3, 2013 by RR136

[Andreea E. 1]

I filed for an extension, its easy and free. Avoid the hassle of ITIN and extends your taxes till oct 15

Hi,

Can you explain how you did that?

And what does the extension refers to?

thanks.

[Andreea E. 1]

I filed for an extension, its easy and free. Avoid the hassle of ITIN and extends your taxes till oct 15

I also have another question: if the I-864 package needs to be sent after 15th of April, and USCIS requires the 2012 tax transcript, will they accept the Extension?

Will they accept only the W2 for 2012?

[RR136 5]

Hi,

Can you explain how you did that?

And what does the extension refers to?

thanks.

Did it thru turbo tax for free; they have file an extension link at bottom. Not sure abt I-864

[GaganGoel 7]

I called NVC twice yesterday asking if I file an extension for taxes, is it ok if I just submit a copy of that towards I-864. Both times the rep told me that yes in that case I should submit a copy of 2011 tax return, a copy of extension for 2012, and a letter explaining that I filed for an extension and blah...

So my plan is that I will file for an extension, and do the tax return after my wife is here in the US (which should hopefully be before Oct 15).

I filed for an extension, its easy and free. Avoid the hassle of ITIN and extends your taxes till oct 15

Hi, what did you put in the SSN field of the spouse? I am trying to file an extension through H&R and it won't let me proceed without putting the SSN number of the spouse.

[RR136 5]

I called NVC twice yesterday asking if I file an extension for taxes, is it ok if I just submit a copy of that towards I-864. Both times the rep told me that yes in that case I should submit a copy of 2011 tax return, a copy of extension for 2012, and a letter explaining that I filed for an extension and blah...

So my plan is that I will file for an extension, and do the tax return after my wife is here in the US (which should hopefully be before Oct 15).

Hi, what did you put in the SSN field of the spouse? I am trying to file an extension through H&R and it won't let me proceed without putting the SSN number of the spouse.

they should not be asking for your wifes ssn, i strongly recommend turbotax,its completely FREE and got it approved in few hours! just 2 step procedure

Edited April 3, 2013 by RR136

[GaganGoel 7]

they should not be asking for your wifes ssn, i strongly recommend turbotax,its completely FREE and got it approved in few hours! just 2 step procedure

But there is a field in the extension form http://www.irs.gov/pub/irs-pdf/f4868.pdf for spouse's ssn. Did turbo tax just leave it blank?