Filing taxes after getting married??

[ameriturk 27]

I got married in august 2013 overseas. Been filing taxes as single and I am a US citizen. I sent my I130 in October. Haven't been approved yet but will most likely get approved within a month.

Apparently I have to file taxes together with my wife whose never set foot in the US? How is this suppose to work? My accountant said I have to call and get SSN for her. They supposedly give it in couple days? I fax papers back and forth and complete filing my taxes?

Is this really this much of a mess? Just doesnt make sense to me.

Can anyone tell me proper steps to take?

Thanks!

[Ryan H 3,812]

Moved from IR-1/CR-1 Process & Procedures to Tax & Finances During US Immigration forum.

[baltoro 27]

You can't get her SSN since she is not here. You will have to get her Individual Tax Identification No (ITIN) which require you send her original foreign passport to IRS. I was in the same boat and went to HR Block but they screwed up. I end up going to IRS field office in person and this is what they told me:

You can't file a single since you are legally married. In this case you will be filing Married separate. You can get your spouse ITIN by sending above her original passport. If you don't have her ITIN number (it takes 3 months) you can file tax return now and file amendment later.

So past year (2013) I had sent my wife passport to get her ITIN number but I received her passport back but never ITIN number (this is why I was at IRS field office). They told me you most likely send the passport to where you normally send taxes but they don't process it. You have to send passport to a different address (I think in Taxes). This is where HR Block screwed up.

She she gave me another tip which HR Block didn't tell me either. She told me I can file tax amendments for last 3 years so I have nothing to rush. Given this information, I am not even applying for her iTIN anymore. When she is here hopefully in few months and get SSN, I will file last couple of years amendments and that's what you should do.

I got married in august 2013 overseas. Been filing taxes as single and I am a US citizen. I sent my I130 in October. Haven't been approved yet but will most likely get approved within a month.

Apparently I have to file taxes together with my wife whose never set foot in the US? How is this suppose to work? My accountant said I have to call and get SSN for her. They supposedly give it in couple days? I fax papers back and forth and complete filing my taxes?

Is this really this much of a mess? Just doesnt make sense to me.

Can anyone tell me proper steps to take?

Thanks!

[ameriturk 27]

You can't get her SSN since she is not here. You will have to get her Individual Tax Identification No (ITIN) which require you send her original foreign passport to IRS. I was in the same boat and went to HR Block but they screwed up. I end up going to IRS field office in person and this is what they told me:

You can't file a single since you are legally married. In this case you will be filing Married separate. You can get your spouse ITIN by sending above her original passport. If you don't have her ITIN number (it takes 3 months) you can file tax return now and file amendment later.

So past year (2013) I had sent my wife passport to get her ITIN number but I received her passport back but never ITIN number (this is why I was at IRS field office). They told me you most likely send the passport to where you normally send taxes but they don't process it. You have to send passport to a different address (I think in Taxes). This is where HR Block screwed up.

She she gave me another tip which HR Block didn't tell me either. She told me I can file tax amendments for last 3 years so I have nothing to rush. Given this information, I am not even applying for her iTIN anymore. When she is here hopefully in few months and get SSN, I will file last couple of years amendments and that's what you should do.

So do you suggest I file as single and file for amendment later? My accountant said that it would be fraud if i filed as single.

Thank you very much!

Edited April 4, 2014 by ameriturk

[baltoro 27]

He is right and read again, I said file "Married Separate".

So do you suggest I file as single and file for amendment later? My accountant said that it would be fraud if i filed as single.

Thank you very much!

[ameriturk 27]

He is right and read again, I said file "Married Separate".

Thank you

[mdzcpa 58]

You have 3 options:

Married Filing Separate

Married Filing Joint

Head of Household

You can not file Single

If you have a qualifying person living at your house (a child?) and you meet the HOH rules, you can file head of household. even if you are married to a non resident alien. The key is that the NRA spouse did not live with you for the last six months of the year (which is common for many of us married to NRA spouses).

Your second option is to file married filing separate. For this you do NOT need a SSN or TIN for the NRA spouse. You complete the return as you normally would accept you put NRA in the SSN field of the return. You MUST paper file your return. No E file. If your NRA spouse has no income you may qualify to claim him or her as an exemption. If you wish to do this, then you MUST have an SSN or TIN. To do this you paper file your return with the SSN area for the spouse completed and place NRA in the field. You also attached from W-7 to the return which must be signed by the spouse and in you include a copy of the souses passport certified by an Accepting Agent (IRS field office or designated Agent). This can be challenging to get done or you are forced to send the original passport or other supporting identification document along with the filing that makes some folks nervous. Many folks simply paper file Married Filing Separate using NRA in the SSN field and skip claiming the spouse as a dependent and the required w-7 TIN application.

Last, you can file Married Filing Jointly. To do this you must attached a letter that has you and your NRA spouse electing that you treat your NRA spouse as a Resident Alien for the entire tax year. This means all income earned by the NRA spouse must be included on your return to meet the world wide income rule. Here you must also attached the w-7 and supporting identification document to the return.

The easiest path above is paper filing the return Married Filing Separate with "NRA" in the SSN field for the NRA Spouse.

Some folks file Single and amend later. This is technically not correct but I have not ever seen any issues for the taxpayer from doing so as you pay the highest rates of tax as a single filer. But I caution this method as it might be a small flag to a customs officer while you filed single when you were married. Just be ready to explain why should you choose to file this way.