taxes and spouses not yet in the u.s.

[rcc04 1]

hi y'all---

i'm still in college, and am trying to fill out w-4's so i can get paid for my work study money. i want to fill out the form correctly, and i'm not sure what to do. any help would be miraculous. i live at my school currently, my husband lives in nicaragua. he doesn't work anywhere formal and therefore pays no taxes.

when i look at the w-4, my impulse is to '1' for b... married, have only one job, and spouse does not work

'1" for c, one fore my spouse

with a total of 2 for line h.

however, down in the employee's witholding allowance certificate part, it says check one:

single, married, or married but withold at higher single rate

and then says: note, if married but legally separated, or spouse is a nonresident alien, check the single box...

feedback frompeople who have done this before?

thanks so much. hope all your journeys are going well.

[babybunny 2]

I claim married not joint. my husband is not here. I dont know if I can claim him since he not have a SSN.

[~kiyah~ 14]

I claim married not joint. my husband is not here. I dont know if I can claim him since he not have a SSN.

Ah...but you can, you definitely can. All that is needed to file married and joint is for an ITIN (individual taxpayer identification number) to be requested along with a current tax filing. I just did it with our 2006 taxes...we filed 'married filing joint' for 2006, and requested his ITIN at the same time.

Even tough he had no income to report, we were still able to use the married filing joint standard deduction (10,300) as well as each individual allowed exemption (3,300 1 for you and 1 for your spouse = 6,600)...that is a total of 16,900.00 in deduction/exemption allowance.

It does take a little time, it takes about 8 weeks to process the ITIN, then they process the return as normal 2-4 weeks. But, if you check out the numbers, and it ends up with them owing you more...it is well worth it.

In your case Shon, I would wait until he is here to file for 2006, he is eligible for a social security number immediately with the IR1. Since he is eligible for SS#, you can't request an ITIN for him. Then I would work on the past years you were married and file an amended return for those...the IRS probably owes you and Javed some money girl!

BTW...it was the IRS who helped me with all this, they were the most helpful and easy government office I have ever had to deal with.

~Kiyah~

Edited February 9, 2007 by Kiya

[marcycat 0]

I claim married not joint. my husband is not here. I dont know if I can claim him since he not have a SSN.

Ah...but you can, you definitely can. All that is needed to file married and joint is for an ITIN (individual taxpayer identification number) to be requested along with a current tax filing. I just did it with our 2006 taxes...we filed 'married filing joint' for 2006, and requested his ITIN at the same time.

Even tough he had no income to report, we were still able to use the married filing joint standard deduction (10,300) as well as each individual allowed exemption (3,300 1 for you and 1 for your spouse = 6,600)...that is a total of 16,900.00 in deduction/exemption allowance.

It does take a little time, it takes about 8 weeks to process the ITIN, then they process the return as normal 2-4 weeks. But, if you check out the numbers, and it ends up with them owing you more...it is well worth it.

In your case Shon, I would wait until he is here to file for 2006, he is eligible for a social security number immediately with the IR1. Since he is eligible for SS#, you can't request an ITIN for him. Then I would work on the past years you were married and file an amended return for those...the IRS probably owes you and Javed some money girl!

BTW...it was the IRS who helped me with all this, they were the most helpful and easy government office I have ever had to deal with.

~Kiyah~

I can second all that. I got married just before the end of the year, and my husband isn't here yet, so I really wasn't sure what to do. I called the IRS (there's a number you can get off their web site.) They go through a series of questions with you to determine what you should/can do. I got transferred several times, but it was pretty quick. If you tell them straight off that you have a "Tax Law" question, they probably won't have to transfer you around that much.

[frdmrk2 0]

I claim married not joint. my husband is not here. I dont know if I can claim him since he not have a SSN.

Ah...but you can, you definitely can. All that is needed to file married and joint is for an ITIN (individual taxpayer identification number) to be requested along with a current tax filing. I just did it with our 2006 taxes...we filed 'married filing joint' for 2006, and requested his ITIN at the same time.

Even tough he had no income to report, we were still able to use the married filing joint standard deduction (10,300) as well as each individual allowed exemption (3,300 1 for you and 1 for your spouse = 6,600)...that is a total of 16,900.00 in deduction/exemption allowance.

It does take a little time, it takes about 8 weeks to process the ITIN, then they process the return as normal 2-4 weeks. But, if you check out the numbers, and it ends up with them owing you more...it is well worth it.

In your case Shon, I would wait until he is here to file for 2006, he is eligible for a social security number immediately with the IR1. Since he is eligible for SS#, you can't request an ITIN for him. Then I would work on the past years you were married and file an amended return for those...the IRS probably owes you and Javed some money girl!

BTW...it was the IRS who helped me with all this, they were the most helpful and easy government office I have ever had to deal with.

~Kiyah~

I can second all that. I got married just before the end of the year, and my husband isn't here yet, so I really wasn't sure what to do. I called the IRS (there's a number you can get off their web site.) They go through a series of questions with you to determine what you should/can do. I got transferred several times, but it was pretty quick. If you tell them straight off that you have a "Tax Law" question, they probably won't have to transfer you around that much.

do they require for a notarized copy passport to apply for ITIN for your spouse?

and are there any requirements to get an ITIN?

[riblet 0]

Google form W-7, it has all the instructions for obtaining a ITIN.

A notarized copy of the passport is one of the options of identification.

[frdmrk2 0]

Google form W-7, it has all the instructions for obtaining a ITIN.

A notarized copy of the passport is one of the options of identification.

where should it be notarized? US Embassy or any Notary Public?

Google form W-7, it has all the instructions for obtaining a ITIN.

A notarized copy of the passport is one of the options of identification.

where should it be notarized? US Embassy or any Notary Public?

thanks!

[riblet 0]

I'm pretty sure that in the Phillippines it has to be done at the U.S. embassy, but maybe someone on the regional forum can confirm that.

[frdmrk2 0]

I'm pretty sure that in the Phillippines it has to be done at the U.S. embassy, but maybe someone on the regional forum can confirm that.

thanks!

good luck to ur journey, you're so close to the finished line accdg. to ur timeline

[~kiyah~ 14]

Actually, if you read the instructions for the W-7 it says that foreign notaries are accepted per the Hague Convention. We had copies of his passport and National ID card notarized locally in the city where he lives.

It can be done at an embassy though...I can tell you that if in Morocco, the consulate will not certify ANYTHING the state department does not issue, not even an US drivers license.

~Kiyah~

[riblet 0]

It depends on the country, I checked and the Phillipines is not one of the listed countries included.

Actually, if you read the instructions for the W-7 it says that foreign notaries are accepted per the Hague Convention. We had copies of his passport and National ID card notarized locally in the city where he lives.

It can be done at an embassy though...I can tell you that if in Morocco, the consulate will not certify ANYTHING the state department does not issue, not even an US drivers license.

~Kiyah~

[nyseness 0]

I also agree I s/w someone at the IRS and they were very helpful. But be careful w/the state income tax. Each state of course is different but in IL you have to wait for the ITIN before you can submit your state return. I was going to wait until March to file but since I heard that I will be doing it next week.

I also have another question. Since I will be applying for the ITIN so I need to have my federal and state allowances changed w/my employer to reflect what I filed w/the IRS? Can I leave it the way it is until my hubby arrives in the states?

Anna

[NY_IZMIR 1]

Going on this info, I took a look at the W-7 form and it seems pretty simple. Then I called the IRS (quite helpful and got someone to speak to in a matter of seconds which is hard to come by these days)

Here's my brief story for background.

My wife came to the U.S. in January 2006 on a student (j1) visa. We met while she was here and she stayed here for 3 months.

Then we got married overseas in August, and we're still awaiting the I-130 process.

The gentleman at the IRS said that even though I can get apply for a W-7 (you send it alongside your taxes for this year) and though she can get an ITIN number, that for me to file jointly, that she needed to reside in the U.S. at the end of 2006.

I don't know and I'm not an accountant but I highly doubt the 3 months she stayed in the U.S. in the beginning of 2006 count towards "residency"

So make sure you check this before filing for a joint return.

[riblet 0]

You can file jointly if she elects to be treated as a resident alient... this is the one thing I haven't quite figured out how to do... but I know it involves a letter stating such.

If you find it before I do, post here

Going on this info, I took a look at the W-7 form and it seems pretty simple. Then I called the IRS (quite helpful and got someone to speak to in a matter of seconds which is hard to come by these days)

Here's my brief story for background.

My wife came to the U.S. in January 2006 on a student (j1) visa. We met while she was here and she stayed here for 3 months.

Then we got married overseas in August, and we're still awaiting the I-130 process.

The gentleman at the IRS said that even though I can get apply for a W-7 (you send it alongside your taxes for this year) and though she can get an ITIN number, that for me to file jointly, that she needed to reside in the U.S. at the end of 2006.

I don't know and I'm not an accountant but I highly doubt the 3 months she stayed in the U.S. in the beginning of 2006 count towards "residency"

So make sure you check this before filing for a joint return.

[riblet 0]

Found this on the IRS website:

"If you are the nonresident alien spouse of a U.S. citizen or resident alien, you can elect to be treated as a U.S. resident in order to file a joint return. In this case, you can take the foreign earned income exclusion if otherwise qualified. Refer to Publication 519, U.S. Tax Guide for Aliens, for detailed instructions on how to make this election. "

this was on the following page exactly (question 13.3): http://www.irs.gov/faqs/faq-kw130.html

and here is the link to Publication 519: http://www.irs.gov/publications/p519/index.html