Taxes when husband doesn't live in US

[Angela256z 30]

Hi All,

Looking at timelines I am thinking my husband won't be here by tax season. We are married, but we have only submitted the I-130. It should be an easy process without any waiver needs, but I just think that we are not going to have him here with his SS# in time. Do I file with him on my taxes as seperate or together? Do I request an ITIN number for him?

Not sure this is the place to ask, but I thought I would start here.

[NikLR 13,232]

You can request an ITIN number for him, http://www.irs.gov/Individuals/Individual-Taxpayer-Identification-Number-(ITIN) Make sure to read the requirements of the w7 carefully.

Or you can file MFS and amend (or not) to MFJ when he gets here.

Or you can file an extension and file MFS or MFJ when he gets here as well.

A Married Filing Separately has to be done via paper, it can't be sent electronically.

It's still possible he will be here by Apr 15th though Have hope!

[Angela256z 30]

Thank you! I really am hoping he is here by April.

[Darnell 8,479]

uhm - plan ahead, if you seek an ITIN.

in your particular situation, an ITIN can only be obtained when

first filing as married filing jointly, including the W-7 stuff,

filed as a paper return,

into the special ITIN intake address (listed in the W-7 stuff) in Austin Texas.

So, it's a paper return. Not electronic, at all. If you expect a refund, it'll be a paper check in both names. I had to get a power of attorney document from my wife in order to deposit it, but your bank may vary.

IMO, if you have all of the W-7 stuff ready to go by the first day of tax season, then (from what I've read) it'll take 90 to 110 days after filing for the return to be processed in Austin and the ITIN issued.

Also IMO, it's great 'bonafide marriage evidence' to show... (a return filed with 'married filing jointly' status)

Also, pay attention to what the foreign spouse must do for taxes on income in that foreign land, when reporting to the IRS on the IRS tax forms. Is possible to utilize the F2555 exclusion on this as well.

Regardless, must to include a coverletter with the tax packet submittal, telling the IRS that the TWO of you, together and jointly, elect for the foreign spouse to be declared a resident alien for tax purposes.

WHEW ! a bit messy, all the way round, but quite possible.

[Angela256z 30]

Thank you Darnell - I think I will go the W7 ITIN route. Looking at timelines we will not have his visa in time I think. I actually owe the IRS which I have been paying so my return next year will go to that. My husband has no paying job in England so I don't think he needs to worry about tax stuff back home.