Filing taxes when spouse doesnt have a SSN

[Baub 2]

I just filed my taxes,but the preparer said I had to file single because my wife didn't have a SSN.How do I amend it?

[Harpa Timsah 13,258]

File married filing separately and put "NRA" for Non-resident alien in the SSN box.

[JA_Martinez 81]

Is your wife in the US or you wih her? If youre in the US filing and shes not here you have to file married filing seperately UNLESS you are wanting to unclude her income in your taxes. If thats the case she either has to have a SS# or ITN #. But be very careful and weigh all the implications first if you decide to include her income

[Baub 2]

I will call the preparer and try to fix this.She is still overseas at the moment.If not amended in time could I just send 2012's transcript ? We haven't receive our case # yet.

Edited February 8, 2014 by Baub

[Dave&Roza 748]

I just filed my taxes,but the preparer said I had to file single because my wife didn't have a SSN.How do I amend it?

First, shoot your preparer as MARRIED is MARRIED and you should not file as single as you are committing perjury on a federal form by doing so and you are most likely paying higher taxes then you should. You have two choices on filing 1) married filing jointly, 2) married filing separately. Each has its own ramifications as to the amount of taxes you must pay depending on your situation and your wife's income. To file jointly you will either need to claim your wife as a resident for tax purposes and she needs a SSN or ITIN or you claim her as a non-resident alien (NRA). Filing separately is like filing single as each spouse is responsible for reporting their only income and since your wife is not in the US or a LPR then she does not even have to file. You only need 2012 tax return as the 2013 tax return is not required to be filed until April 15th and it you file for an extension you have until October to file, but you still have to pay all taxes owed by April 15th.

Make your tax preparer go thru all scenarios since that person does not know the difference between married and single and not charge you for it.

Good luck,

Dave

[Baub 2]

Thanks all for the help.I called the preparer and we set up an appointment for tomorrow.Hopefully I will get the amended return soon.

[danrb 5]

She can get a Tax ID and you can file as married. http://manila.usembassy.gov/wwwha010.html

I did a little research there is a rep of the SSA in Clark or Subic that can help her file for it. She'll need a passport and marriage certificate. We're waiting on my wifes passport.

Good luck.

[NikLR 13,228]

She can get a Tax ID and you can file as married. http://manila.usembassy.gov/wwwha010.html

I did a little research there is a rep of the SSA in Clark or Subic that can help her file for it. She'll need a passport and marriage certificate. We're waiting on my wifes passport.

Good luck.

For married filing separately you do not need an ITIN or SSN. Just write NRA in the SSN spot, print out the tax return, and mail it.

However for married filing jointly you do need an ITIN or SSN. BUT as the OP is at the NVC stage, I think, it's best for the beneficiary to not send away their passport.

[dirk_diggler 107]

until april 15, the NVC will accept 2012 as the most recent tax year. correct?

Edited February 9, 2014 by dirk_diggler

[camden 20]

As the petitioner, what filing status do I use

for my tax returns?

You have three options: married filing

separately (MFS), married filing jointly

(MFJ), or head of household (HOH).

For HOH, there's some criteria you need to

meet to be able to use this. Please see the

IRS website for more information. For most

people though, it's either between MFS or MFJ.

Before I continue, I will say this once and only

once: YOU CANNOT FILE SINGLE. If you are

married, you are married. Doesn't matter where

in the universe your spouse is, YOU ARE STILL

MARRIED. You will be lying to the IRS if you file

as single, and if caught, could cause serious

issues. If you have already filed taxes, either

this year or last, and were married, yet filed as

single, amend your tax return ASAP. If at the

time of the interview, there are tax return

transcripts in the case file showing the

petitioner filed as single, this can be a HUGE red

flag. The CO will have to wonder why the

petitioner filed as single when they're trying to

get a spousal visa. In their eyes, your

relationship can be seen as a fraud and could

be reason for denial.

For both MFS and MFJ, the petitioner will have

to file a paper tax return. Electronic

submissions won't be possible the first year.

Filing MFS will probably be the easiest for most

people as it doesn't require any extra

documents from the foreign spouse, nor does it

require their signature. On the tax return, where

it asks for the spouse's SSN, you would put

'NRA' for Non-Resident Alien. Continue filling

out the rest of the return as normal. That is all

you have to do. (And if desired, once the spouse

has immigrated to the US and has obtained a

SSN, the petitioner can then amend their tax

return to MFJ, to possibly get a bigger refund,

but this isn't required.)

Filing MFJ will typically mean a bigger refund

up front, with no need to amend. This route

takes a little more work though as the

beneficiary will have to fill out a W7 (available

on the IRS site), which requires a signature, and

include document(s), so they can obtain a ITIN

(it's like a SSN, but for the sole purpose of filing

taxes, and is available for those not currently

living in the US). This would then be included

with the tax return, and sent to a special

address for ITIN generation. For most

countries, it may be hard to get the needed

documents. (For Canada, it was uber easy, and

this is how my husband did his taxes while I

was still in Canada, waiting for my interview).

Please view the instructions for the W7 form on

the IRS website to see what documents will be

needed.Repost from.Saylin

[scienceworks 64]

File Married/Separately. Writer her name where the spouses name is asked and in the SSN column write NRA-SSN/ITIN not required.

When she comes, I believe you have the option to amend the returns.

Harpa Timsah can you confirm the amending option?

[JRF 117]

I spent about two hours (and $100 on postal fees mailing documents back and forth from Vietnam) to get the ITIN and file Married/Joint. This effort saved me about $20K on my federal taxes vs Married/Seperate. Time well spent...

[scienceworks 64]

I spent about two hours (and $100 on postal fees mailing documents back and forth from Vietnam) to get the ITIN and file Married/Joint. This effort saved me about $20K on my federal taxes vs Married/Seperate. Time well spent...

20K? in one year?

[mai_02 16]

I just filed my taxes,but the preparer said I had to file single because my wife didn't have a SSN.How do I amend it?

My preparer put head of the household. We have a 5y/o son whose living with me right now, and my husband still in philippines no SSN.

[No name 88 48]

I've tried to give advice on this before as I have 2 accountants in the family but the bottom line is there is not exactly a "correct" filing status in immigration situations. It depend's on what your personnel financial situation is at the end of the year and that you payed your due tax obligation regardless of status.

If your taxable income was $25,000 for 2013 and your foreign spouse had no income you would pay 15% tax no matter what status you filed. The IRS gets the correct tax money that is due to them so they won't care about your status; it wouldn't even trigger a red flag.

My own personnel situation I'll be in the same bracket as single or married filing jointly. My wife is still overseas and has no income as she is a homemaker. I looked at getting an ITIN but that seemed more trouble than it's worth for my situation. This year I've decided to file as single status as it wouldn't matter for tax purposes and it simplifies my return filing for the 2013 tax year. My accountant family members told me I could do this as well as my over paid expat accountant. In the end make your own decision on how you wish to file your taxes; if you feel the need to get an ITIN for a lower tax bracket do it. In my case it doesn't matter. To just say married is married and that's it is ill informed. There must be a lot of stupid accountants because I've seen at least a dozen posts from other VJ members that were told to file single while married.

For those of you that will angrily reply that I'm wrong and doing it the "incorrect" way I don't care as I've made my choice so I won't respond; to each his own and good luck in your case. If the IRS gives me a problem at a later date I'll file an amended return. If I go 3 years without any issues from the IRS it's a non issue.

As far as what the USCIS and Consulates have to say about your filing status it's been posted on here many times that they don't care what your filing status is and are only using this information to see your above 125% poverty level.

Marginal Tax Rate^[13][14][15] Single Married Filing Jointly or Qualified Widow(er) Married Filing Separately Head of Household 10% $0 – $8,925 $0 – $17,850 $0 – $8,925 $0 – $12,750 15% $8,926 – $36,250 $17,851 – $72,500 $8,926 – $36,250 $12,751 – $48,600 25% $36,251 – $87,850 $72,501 – $146,400 $36,251 – $73,200 $48,601 – $125,450 28% $87,851 – $183,250 $146,401 – $223,050 $73,201 – $111,525 $125,451 – $203,150 33% $183,251 – $398,350 $223,051 – $398,350 $111,526 – $199,175 $203,151 – $398,350 35% $398,351 – $400,000 $398,351 – $450,000 $199,176 – $225,000 $398,351 – $425,000 39.6% $400,001+ $450,001+ $225,001+ $425,001+