Plz help me with taxes

[XXoverwhelmedXX 1]

Hi,

So i'm trying to fill out my taxes, im gonna need to find a joint sponsor anyways cuz i don't make enough income but anyways...

What should i put on my taxes: single? married but filling seprately? or what cuz im gonna send them to the i-130 if they ask for it

I sent my i-130 october 2013 still no response

If I mark married filling separately it says i need to put a social security number....he doesn't have one! he lives in Iraq! but i don't want to put single cuz Im not

[KayDeeCee 4,893]

~ Moved from IR-1/CR-1 Process to Tax & Finances During US Immigration - topic about filing taxes ~

[novedsac 355]

If you're married, you file either MFS or MFJ. If one spouse does not have a SSN/ITIN, then you can write "NRA" (non resident alien) in the space. You could also attach an brief explanation, but it isn't required. IRS will understand "NRA". Some of the tax software hasn't figured out how to deal with this type of situation, so you may just be better off with the paper forms and sending your return in by mail.

[XXoverwhelmedXX 1]

So what should i put Married filing separately or married flliing jointly?

He doesn't file taxes in Iraq, and hes not filling with me

[RaindropDZ 0]

To my knowledge, even for a NRA, you need an ITIN to file your tax returns, whether jointly or separatly. Ive read the IRS instructions about Non resident Alien and they require an ITIN for you to file as married.

To get an ITIN for your spouce, you need to apply for it by filing a W7 form. Joinly with your tax returns.

[novedsac 355]

No, if you file MFS you can do so even if your spouse does not have a SSN or ITIN. However, you won't be able to take an exemption for your spouse, but you can still file the return by writing the spouse's name along with NRA.

If you elect to file MFJ you can file the W7 concurrently with the 1040, but you must then include your spouse's income (worldwide income of both spouses must be reported). This usually isn't an issue unless foreign income exceeds certain thresholds.

[XXoverwhelmedXX 1]

ok Im just gonna put NRA and we'll see what happens

[RaindropDZ 0]

No, if you file MFS you can do so even if your spouse does not have a SSN or ITIN. However, you won't be able to take an exemption for your spouse, but you can still file the return by writing the spouse's name along with NRA.

If you elect to file MFJ you can file the W7 concurrently with the 1040, but you must then include your spouse's income (worldwide income of both spouses must be reported). This usually isn't an issue unless foreign income exceeds certain thresholds.

So, I conclude that for a US citizen to file his tax returns, he can do so by just putting in "NRA" along with his spouse name **without** the need for an ITIN? Thus, without the need to apply for an ITIN for a NRA spouse who had no income. (correct me if I get this wrong please)

What if the NRA spouse did not generate ANY income?

This is important for me to know. Thank you.

[CarlosAndSveta 808]

So, I conclude that for a US citizen to file his tax returns, he can do so by just putting in "NRA" along with his spouse name **without** the need for an ITIN? Thus, without the need to apply for an ITIN for a NRA spouse who had no income. (correct me if I get this wrong please)

What if the NRA spouse did not generate ANY income?

This is important for me to know. Thank you.

You are correct. You can file as Married Filing Separately just by listing your spouse's name and entering NRA where you are supposed to put your spouse's SSN. It doesn't matter whether your spouse earned any income in his/her native country. A nonresident alien is only required to file a U.S. tax return if they have income that is considered earned in the U.S.

[RaindropDZ 0]

You are correct. You can file as Married Filing Separately just by listing your spouse's name and entering NRA where you are supposed to put your spouse's SSN. It doesn't matter whether your spouse earned any income in his/her native country. A nonresident alien is only required to file a U.S. tax return if they have income that is considered earned in the U.S.

Wow! I have done so many readings but never came across this option! All I could find is that a NRA spouse MUST get an ITIN by filing the W7 form along with a copy of passport notarized by the US embassy of the spouse home country.

Thank you so much for making this point so clear to me!

[CarlosAndSveta 808]

Wow! I have done so many readings but never came across this option! All I could find is that a NRA spouse MUST get an ITIN by filing the W7 form along with a copy of passport notarized by the US embassy of the spouse home country.

Thank you so much for making this point so clear to me!

It is usually better to file Married Filing Jointly but right now you can file Married Filing Separately and once your spouse comes to the U.S. and gets an SSN you can file an amended return to change your filing status to Married Filing Jointly.

[RaindropDZ 0]

It is usually better to file Married Filing Jointly but right now you can file Married Filing Separately and once your spouse comes to the U.S. and gets an SSN you can file an amended return to change your filing status to Married Filing Jointly.

Great! Since there exists an option to ammend the filing status once the NRA rsident gets an SSN, then filing MFS sounds more suitable. Thank you once again!