Tax Married filing joint - Help please

[Gorkhali 214]

We hope by end of Feb, our NOA 2 will come. Therefore My wife is working on her taxation at present. And we have some question which we hope someone in this forum can help us with.

1. Filing Married filing joint (MFJ) and Married filing separately (MFS) which one is easy process. Our tax adviser says for MFJ, even when i dont make money in US soil, we have to mention that. What do you think ?

2. For ITIN, our tax adviser says passport copy is okay but for second proof of identity, we need to send original. Is that true ? I thought certified copy of passport and my citizenship was good for ITIN. Please advise

3. As i dont make enough money to be taxed in India to file my tax. Will that be problem??

4. How much money approx does my wife has to make to sponsor me independently? She is filing for around 39k taxable income this year. Is that enough or do we need joint sponsor ??

I look forward to hear suggestion from you guys.

Cheers

[teddy k 35]

Hi, this is what i did last year for my taxes, i filed MFJ but the hardest part is getting the ITIN which is going to take some time cuz of tax season about 8 weeks you need to send in the original passport plus supporting ID with pictures they will send them back to you plus they will do your taxes for you to make sure they're right, your other half makes plenty to support you so relax and good luck on your journey

[Gorkhali 214]

wow so i need to send my original passport and citizenship for ITIN. This baffles me

How will i send my original passport to US. Will DHL accept to take the responsibility?? What if it gets lost ?? Any advise

[teddy k 35]

You send everything to your other half and they send it to the IRS certified mail that's how we did it

[Gorkhali 214]

Will DHL accept the responsibility of safe guarding my documents from India to US ?? Or is there any other means to send these documents

[teddy k 35]

My wife had no problems using DHL FROM THE PHILIPPINES TO THE US

[Gorkhali 214]

cool i will check with it. Thanks for your help

Filing Married filing joint (MFJ) and Married filing separately (MFS) which one is easy process. Our tax adviser says for MFJ, even when i dont make money in US soil, we have to mention that. What do you think ?

[teddy k 35]

MFJ THAT'S THE BEST WAY FIRST TIME FILING

[Gorkhali 214]

Thanks we will go with MFJ

[Ryan H 3,812]

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

[spousewaitingvisa 39]

We hope by end of Feb, our NOA 2 will come. Therefore My wife is working on her taxation at present. And we have some question which we hope someone in this forum can help us with.

1. Filing Married filing joint (MFJ) and Married filing separately (MFS) which one is easy process. Our tax adviser says for MFJ, even when i dont make money in US soil, we have to mention that. What do you think ?

2. For ITIN, our tax adviser says passport copy is okay but for second proof of identity, we need to send original. Is that true ? I thought certified copy of passport and my citizenship was good for ITIN. Please advise

3. As i dont make enough money to be taxed in India to file my tax. Will that be problem??

4. How much money approx does my wife has to make to sponsor me independently? She is filing for around 39k taxable income this year. Is that enough or do we need joint sponsor ??

I look forward to hear suggestion from you guys.

Cheers

Since you both are married, your spouse must state "married" on tax filing return.

Use MFS - it is much easier. just put "NRA" (non-resident alien) on ssn field if you are not in USA and your wife is doing tax papers in USA. Be aware: tax online program won't allow you to enter SSN field: "NRA" in order to e-file so use paper filing to mail. (You can use online and then print it out and put NRA on ssn).

MFJ -- it is difficult because it requires SSN that you don't have or ITIN that you need your original passport to prove. Passport copy won't be accepted. I tried that. You might not want to mail her original passport to your spouse. It is not recommended and I think it is illegal to mail original passport because it is an Indian govt property. If you want to mail your original passport to your spouse in USA and it is lost, it will take a long time to get a new passport in India at passport service including local police report timing, office's interviewing time/paperwork timing, and bad bureau timing (big line and appointment time). Certified passport copy -- it is hard too because some IRS agents are very pricky. I wouldn't want to waste time.

I would suggest MFS first.. then after you arrive in USA and get a new SSN, you/your spouse can change your filing status from a separate return to a joint return by filing an amended return using Form 1040X. You/your spouse generally can change to a joint return any time within 3 years from the due date of the separate return or returns. This does not include any extensions. A separate return includes a return filed by you or your spouse claiming married filing separately or head of household filing status. (see http://www.efile.com/married-filing-separately-tax-filing-status/ or google "IRS amended filing from MFS to MFJ") That's what I did. It was approved. It took about 7 weeks to approve my amending filing. I will amend it later to MFJ when my spouse arrives in order to get more refunds. (It has to be amended within 3 years from due date of separate return).

Edited February 2, 2015 by spousewaitingvisa

[novedsac 355]

Depending on your income and dependent situation, MFS could result in a significantly higher tax burden than MFJ, which would need to be paid by the tax return deadline in April. Sure, you'd get it all back, and then some, when you filed an adjusted tax return, but that money would be sitting with the government and not available for your use. If this is concern, it would be better to file for a tax return extension - as long as it is filed by the tax return deadline, then a six month extension is automatic and no reason needs to be given. As long as 90% of your tax liability is paid by the tax return date, then there would be no penalties due even if you did have to pay (up to 10%) when the extended return was filed. Also, an extension beyond that six months is not difficult to get either ... especially if you had all your numbers in order and explained to the IRS you were simply waiting for the SSN/ITIN for your spouse (note, no explanation at all is necessary for the initial extension ... it is for the subsequent extension if necessary).

It is NOT illegal to send a passport through the postal system or other delivery mechanism. Indeed, it is quite safe to do so. Best to use a mechanism which is tracked and certified.

[Gorkhali 214]

I know nothing about tax. I make less money than taxable income in India so i never had to deal with it.

Reading these comments and advise i am puzzled. My wife is already so tensed and worried about paper works ... And i don't want to give her more trouble to find info. She made 3 visits from this door to that inorder to meet tax adviser

so in lay man term ... Which one is better and have more weight with embassy and nvc ... MFS or MSJ

for MSJ if i have to send her my original documents i don't mind. I have many people flying in and out to US so anyone can carry those documents for me to US. And my wife can collect them personally

Help me in simple words avoiding those complex taxation vocabulary plz

Also note i hold nepali citizenship and nepali passport. I live in India so my embassy will be Delhi (that's what i guess )

Also note i hold nepali citizenship and nepali passport. I live in India so my embassy will be Delhi (that's what i guess )

[Umka36 781]

I know nothing about tax. I make less money than taxable income in India so i never had to deal with it.

Reading these comments and advise i am puzzled. My wife is already so tensed and worried about paper works ... And i don't want to give her more trouble to find info. She made 3 visits from this door to that inorder to meet tax adviser

so in lay man term ... Which one is better and have more weight with embassy and nvc ... MFS or MSJ

for MSJ if i have to send her my original documents i don't mind. I have many people flying in and out to US so anyone can carry those documents for me to US. And my wife can collect them personally

Help me in simple words avoiding those complex taxation vocabulary plz

Also note i hold nepali citizenship and nepali passport. I live in India so my embassy will be Delhi (that's what i guess )

Also note i hold nepali citizenship and nepali passport. I live in India so my embassy will be Delhi (that's what i guess )

If you were to disregard the tax implications, then there isn't a better choice between MFS and MFJ because both tax return shows you are married. People have various reasons on why they chose on versus the other, and it does not make them less married.

[marriott574 13]

Hi I am a Tax Accountant

I would recommend MFJ even with the ITIN difficulty.

When filling MFJ you spouse can claim married standard deduction and 2 exemptions, this will allow her to pay less tax. The flip side of this is potential double taxation as you should report your income in India, however you will received a tax credit against any tax you paid in india.

MFS she will pay more tax and technically you also need to file MFS however without an SSN and not currently being in the USA that is confusing.

If she has a CPA (Accountant) Trust there advice it is going to be more reliable then a forum for visas, also you can call the IRS and ask this sort of question and they will give you a free non legally binding answer.

I know nothing about tax. I make less money than taxable income in India so i never had to deal with it.

Reading these comments and advise i am puzzled. My wife is already so tensed and worried about paper works ... And i don't want to give her more trouble to find info. She made 3 visits from this door to that inorder to meet tax adviser

so in lay man term ... Which one is better and have more weight with embassy and nvc ... MFS or MSJ

for MSJ if i have to send her my original documents i don't mind. I have many people flying in and out to US so anyone can carry those documents for me to US. And my wife can collect them personally

Help me in simple words avoiding those complex taxation vocabulary plz
Also note i hold nepali citizenship and nepali passport. I live in India so my embassy will be Delhi (that's what i guess )
Also note i hold nepali citizenship and nepali passport. I live in India so my embassy will be Delhi (that's what i guess )