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Income taxes with spouse abroad

By bruins in IR-1 / CR-1 Spouse Visa Process & Procedures

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VanessaTony Grand Master

VanessaTony   3,567

Posted
Filed: Citizen (apr) Country: Australia
 Timeline
Posted

Hey guys - If you're a US Citizen living in the states and your foreign spouse is living abroad, what filing status do you use on your income taxes? Single or Married filing separately?

You're not single so not single. Married filing separate, or together (asking for an ITIN), head of household I think you can as well.

Aussie K1 process - http://www.visajourney.com/forums/topic/206016-australian-beneficiaries-packet-3-to-interview-date/
AOS, EAD & AP - the Aussie Way (including document list) - http://www.visajourney.com/forums/topic/235331-aos-ead-ap-from-k1-the-aussie-way-doc-list-included/
ROC April 2012 - http://www.visajourney.com/forums/topic/358760-i-751-april-2012-filers/ (includes document list)
N-400 April 2013 - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/ (includes document list)

N-400 Interview review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6381814

N-400 Oath Ceremony review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6537699
Aussie Chat page continued - http://www.visajourney.com/forums/topic/331922-new-2011-land-downunder-aussie-aussie-aussie-oi-oi-oi/
Aussie Name Change on Passport Process - http://www.visajourney.com/forums/topic/248400-australian-passport-name-change-process/
Travel on maiden name passport with married name GC, tickets in married name - http://www.visajourney.com/forums/topic/183541-land-downunder-aussie-aussie-aussie-oi-oi-oi/page__view__findpost__p__4135806
Shipping Costs from Aus to US - http://www.visajourney.com/forums/topic/293179-shipping-costs-aus-to-usa/

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JRF Community Regular

JRF   117

Posted
Filed: Timeline
Posted

Either works...married separate or joint. Suggest you run the numbers both ways to see which results in a lower tax liability. My wife is in VN and we filed married/joint for tax year 2012. They don't have W2s in VN so I provided a report that showed her salary for the year. So far (knock on wood) the IRS hasn't requested additional detail.

The net reduction in tax liability for us was significant filing in this manner. It was a bit of a pain in that I had to file for the ITIN and submit a paper return to both the Feds and CA. That said it was well worth the time given the tax savings.

Darnell Grand Master

Darnell   8,478

Posted
Filed: IR-1/CR-1 Visa Country: China
 Timeline
Posted

my wife and I have been filing 'married filing jointly' for the last 3 tax seasons. Also got her an ITIN to make that happen.

Have you researched how to get an ITIN for your foreign spouse, or no ?

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

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sba.rsa Explorer

sba.rsa   10

Posted
Filed: IR-1/CR-1 Visa Country: India
 Timeline
Posted

Hey guys - If you're a US Citizen living in the states and your foreign spouse is living abroad, what filing status do you use on your income taxes? Single or Married filing separately?

Thanks

I filed "Married Filing Separately", and then I included a coversheet to IRS explaining that I recently got married, and I am currently sponsoring my Husband for US Visa, and he is currently abroad, and has never been to USA.

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SANJOG - Marriage Made in Heaven
09/28/2012: Married the love of my life in a traditional Hindu ceremony - Saat Phere
10/01/2012: Court Marriage

USCIS
10/22/2012: Submitted I-130
10/24/2012: USCIS Notice of Action Received Date
10/24/2012: USCIS Notice of Action Priority Date
10/25/2012: I-797C, Notice of Action Notice Date
10/26/2012: USCIS texted/emailed me that they received I-130
02/25/2013: USCIS website says I-130 is approved

NVC
03/15/2013: Received NVC Case Number
03/15/2013: Received Affidavit of Support (AOS) Processing Fee Bill Invoice
03/29/2013: Mailed Choice of Address and Agent to NVC
03/29/2013: Made $88 AOS fee payment
04/11/2013: AOS fee status "PAID"
04/13/2013: Made $230 IV fee payment
04/14/2013: FedEX'd the AOS package
04/19/2013: IV fee status "PAID"

05/08/2013: FedEX'd the IV package (said lots of prayers while preparing the documentation!!!)

05/22/2013: NVC gave checklist to send Indian Police Certificate

06/23/2013: FedED'd the IV package with Indian Police Certificate and Updated Passport Page (I was added as Spouse)

07/25/2013: Case Complete

Embassy

07/31/2013: Received Interview Date for 09/19/2013

09/10/2013: Husband did Medical

09/19/2013: Interview Date for US Embassy in New Delhi - OM SAI RAM - ***APPROVED***

09/26/2013: Husband received Passport with US Visa in postal mail

***USA***

10/10/2013: Flight Departs New Delhi

10/11/2013: Flight Arrives USA

10/24/2013: Husband received Social Security Card

11/13/2013: Paid $165 Immigration Fee

12/09/2013: Husband received Green Card

bruins Community Regular

bruins   14

Posted
Filed: IR-1/CR-1 Visa Country: Vietnam
 Timeline
  • Author
Posted

my wife and I have been filing 'married filing jointly' for the last 3 tax seasons. Also got her an ITIN to make that happen.

Have you researched how to get an ITIN for your foreign spouse, or no ?

I've done some research into this but was still a little confused. My wife is unemployed and still a citizen of Vietnam, so I wasn't sure if we'd qualify to file as "married filing jointly". I may consult an account this year just to be safe.

Darnell Grand Master

Darnell   8,478

Posted
Filed: IR-1/CR-1 Visa Country: China
 Timeline
Posted

why to consult?

the method is the same.

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

JRF Community Regular

JRF   117

Posted
Filed: Timeline
Posted

I've done some research into this but was still a little confused. My wife is unemployed and still a citizen of Vietnam, so I wasn't sure if we'd qualify to file as "married filing jointly". I may consult an account this year just to be safe.

I wouldn't discourage you from consulting a tax expert but assuming you have a straightforward return I'd recommend obtaining an ITIN for your wife and then drop in all of your information to Turbotax and seeing which approach (separate or joint) results in the lower tax. If your wife is unemployed (no income) it's likely the joint approach is better.

You can qualify as married/joint if she is a citizen and resident of VN with no earned income in the US. Check out the IRS website for more information.

Darnell Grand Master

Darnell   8,478

Posted
Filed: IR-1/CR-1 Visa Country: China
 Timeline
Posted

or

Have the W-7 form from your wife, her ID (per the W-7 instructions) , a completed 1040 signed by both of you, and a cover letter informing the IRS that the two of you are ELECTING for her to be considered a resident alien for tax purposes,

and then

send it in to the ITIN intake address listed in the W-7 instructions.

That's really the only way to get an ITIN these days - must to file a tax return to the special ITIN intake address in Austin TX

and

it must be a paper return. TurboTax will barf on the first year, first attempt. Second years and subsequent years are fine, but for FIRST YEAR? Impossible to use TurboTax and

ITIN CHASING requires a paper return into that special IRS office in Austin, TX

Drats - I wasn't going to list the steps here, but with someone writing the WRONG procedures, I feel obligated to actually list the stuff. grrrrrrrrrrrrr.

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

JOURNEYTOUSA2013 Contributor

JOURNEYTOUSA2013   0

Posted
Filed: IR-1/CR-1 Visa Country: Vietnam
 Timeline
Posted

I did ran into this situation this year income tax return few moth ago! I was applied ITIN for my wife and my daughter! I did followed W-7 instruction for ITIN application! I end up delay my paper work for my wife interview because I could get tax return for 2012 into IRS system!

Instruction ask to submit passport for my wife which issue by Vietnam's government!

For my daughter only 5 months at the time! They said I can submit civil's birth certificate and hospital record!

I wait for 6 weeks later they send letter saying that it doesn't meet IRS Criteria! I have to recognize by the Depart of State Which is impossible unless the Visa had approved!

I end up file married/file separate!

For my wife social security, I put NRA in social security column and got accepted!

You can try to apply for ITIN Form W-7!

Wish Best Of Luck!

JRF Community Regular

JRF   117

Posted
Filed: Timeline
Posted

or

Have the W-7 form from your wife, her ID (per the W-7 instructions) , a completed 1040 signed by both of you, and a cover letter informing the IRS that the two of you are ELECTING for her to be considered a resident alien for tax purposes,

and then

send it in to the ITIN intake address listed in the W-7 instructions.

That's really the only way to get an ITIN these days - must to file a tax return to the special ITIN intake address in Austin TX

and

it must be a paper return. TurboTax will barf on the first year, first attempt. Second years and subsequent years are fine, but for FIRST YEAR? Impossible to use TurboTax and

ITIN CHASING requires a paper return into that special IRS office in Austin, TX

Drats - I wasn't going to list the steps here, but with someone writing the WRONG procedures, I feel obligated to actually list the stuff. grrrrrrrrrrrrr.

Yup...I used Turbotax to create the 1040 and printed/mailed it with the ITIN application to Austin. Piece of cake. I mention Turbotax because it makes calculating the tax due (or refund due) easier, particularly if you have a complicated return with a bunch of supporting schedules, etc.

JRF Community Regular

JRF   117

Posted
Filed: Timeline
Posted

I did ran into this situation this year income tax return few moth ago! I was applied ITIN for my wife and my daughter! I did followed W-7 instruction for ITIN application! I end up delay my paper work for my wife interview because I could get tax return for 2012 into IRS system!

Instruction ask to submit passport for my wife which issue by Vietnam's government!

For my daughter only 5 months at the time! They said I can submit civil's birth certificate and hospital record!

I wait for 6 weeks later they send letter saying that it doesn't meet IRS Criteria! I have to recognize by the Depart of State Which is impossible unless the Visa had approved!

I end up file married/file separate!

For my wife social security, I put NRA in social security column and got accepted!

You can try to apply for ITIN Form W-7!

Wish Best Of Luck!

I sent the IRS a copy of my wife's passport and they accepted it as proof and issued the ITIN. It was a bit of a pain having to mail the return and application to VN for her signature, having her mail it back, but again it was worth it for the reduction in taxes filing joint. My children from a prior marriage are USC and I have the appropriate documentation from the divorce decree (and signed IRS form from my ex-wife) so I don't have any issues listing them as dependents. I can see how having to chase the paper for a 5-month old baby would be a real hassle.

dzenilh Contributor

dzenilh   0

Posted
Filed: IR-1/CR-1 Visa Timeline
Posted

I'll tell you what I did few months ago since I had the same issue. I got married in Dec '12, (my wife is still overseas) and when taxes needed to be filed I asked my tax agent/accountant what to do, he said to file for ITIN number for my spouse and to file married. Filing for an ITIN 2 documents are needed, they will be returned, my wife sent me her ID card and Birth certificate, which is being send together with some paperwork (ask your tax preparer) to Texas. Shortly I received my moneykicking.gif and the doc's

 
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