incorrect information on NVC wiki about taxes?

[IamIan 14]

Hello there.

My wife is just filing her 2015 returns as married seperate. On the NVC wiki, it says:

"Filing MFS (married filing separate) 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."

However on the IRS website,it says we must apply for a tax code instead of a social security number...

"If your spouse is a nonresident alien and you file a joint or separate return, your spouse must have either a Social Security Number (SSN) or an Individual Taxpayer Identification Number (ITIN). To get an SSN for your spouse, apply at a social security office or U.S. consulate. You must complete Form SS-5. You must also provide original or certified copies of documents to verify your spouse's age, identity, and citizenship. If your spouse is not eligible to get an SSN, he or she can file Form W-7 with the IRS to apply for an ITIN. Refer to Taxpayer Identification Numbers (TIN) for more information."

https://www.irs.gov/Individuals/International-Taxpayers/U.S.-Citizens-and-Resident-Aliens-Abroad---Nonresident-Alien-Spouse

Can anyone shed some light on this?

Edited February 5, 2016 by IamIan

[Ckmciver70 31]

I'm not really understanding how you're working without either a SSN or a ITIN in the first place. It's outright illegal, even if you have your work authorization card, to work without registering and paying your state, local, and federal taxes on your wages. The first thing that should have happened after the visa and entry, was to establish residency in a state (by getting a license or state ID) and then getting a SSN if the person planned to work/stay. If not staying but working, then the ITIN. This information is readily available out there on IRS' website, on the USCIS website for newly entering immigrants/visitors, the State Department website (for newly entering immigrants/visitors)...

[IamIan 14]

I'm not working in USA. I have a cr1 application processing at the moment. I live and work in the UK. She lives and works in USA. But she still needs to file as married.

I was just curious if the NVC wiki was either outdated or incorrect or whether I've missed something.

Edited February 5, 2016 by IamIan

[Love To Teach 161]

This is what I have learned so far: If you want to file as married filing separately, you put NRA (non-resident alien) in the spot for SSN and file as usual. You have to paper file. If you want to file jointly, you have to attach a W-7 form, which is an application to file taxes as a USA resident. You apparently have to include your passport when you mail in the paper copy of your tax filing. I learned that in Pakistan, my husband (he already did this) can go to the US Embassy and get his passport certified (NOT notarized) and send that along with the signed W-7 back to me. I assume you can do this as well. Then I include those papers in my paper filing of taxes and file jointly. My bad news is he is self-employed, which makes things complicated. I am going to a CPA to help me with all this. You can always amend your taxes later within 3 years. If you are not self-employed, it doesn't seem horribly hard. Good luck!

[Russ&Caro 1,549]

My experience with this last year is that I filed the W7 for my wife in the hopes of getting an ITIN while she was still living abroad as a non-resident alien. The IRS rejected the application as her immigration and qualification for SSN was imminent. Not too imminent though since it still took until July before she arrived. As a result, I delayed filing the 1040 tax return as MFJ until she received the SSN in August.

You might give it a shot and see if they'll grant you an ITIN. I have also heard that some people file the W7 with the 1040 simultaneously.

The worst that happens is that they treat her 1040 MFJ filing as 1040 MFS for purposes of refund, and then she has to file an amended return once you're here with an SSN in order to receive the balance of her refund.

I'm not really understanding how you're working without either a SSN or a ITIN in the first place. It's outright illegal,

Please read all posts thoroughly before attempting to give advice. Nowhere did he indicate that he is even living in the US, much less working here. Meanwhile, after mis-reading his post, you accused him of illegal behavior.

[Nich-Nick 3,354]

Hello there.

My wife is just filing her 2015 returns as married seperate. On the NVC wiki, it says:

"Filing MFS (married filing separate) 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."

However on the IRS website,it says we must apply for a tax code instead of a social security number...

Can anyone shed some light on this?

Shedding light

Your link is describing how your wife could elect to file jointly with you. And yes, the only way is if you had a SSN or ITIN. But you need to look at this Filing status information. This link should shortcut you to Married Filing Separately topic. https://www.irs.gov/publications/p17/ch02.html#en_US_2015_publink1000170777

Look three paragraphs below the box that says TIP

You can file Form 1040. If your taxable income is less than $100,000, you may be able to file Form 1040A. Select this filing status by checking the box on line 3 of either form. Enter your spouse's full name and SSN or ITIN in the spaces provided. If your spouse doesn't have and isn't required to have an SSN or ITIN, enter NRA in the space for your spouse's SSN. Use the Married filing separately column of the Tax Table or Section C of the Tax Computation Worksheet to figure your tax.

Edit to add: TurboTax and probably other software programs will not allow Alpha characters in the SSN field. She will likely have to print it out, write in NRA and file by mail if she is doing taxes with software.

Edited February 5, 2016 by Nich-Nick

[IamIan 14]

That's absolutely brilliant. Thanks a lot all, really helped us out there.

[IamIan 14]

I think you might be psychic nich nick. That was the problem, she couldn't enter letters on the ssn part.

I'm not really understanding how you're working without either a SSN or a ITIN in the first place. It's outright illegal, even if you have your work authorization card, to work without registering and paying your state, local, and federal taxes on your wages.

Wait. Donald, is that you? Sorry to hear about Iowa mate.

Edited February 5, 2016 by IamIan

[Dal&Rose 45]

If you plan to file jointly and your spouse needs a ITIN, the US Embassy in London will do the following to assist in getting a ITIN:

Please refer to the Embassy’s notary webpage for further information - https://uk.usembassy.gov/u-s-citizen-services/notary-services-for-all-nationalities/. Please note that although it is not specifically detailed on our website, we are able to provide this service. U. S. Embassy, London, cannot authenticate a copy of your husband’s passport. Assuming he has a foreign (non-US) passport, we will stamp it “Seen and Returned,” and affix all requisite stamps/seals to satisfy the W7 requirements for an ITIN.

Please read the information and then click on the relevant link to schedule an appointment. Please note that the appointment booking system reflects real time availability. Additional regular appointments are opened every Friday one month in advance. Should your requirement be urgent, you may email us to request an emergency appointment.

I have schedule the husband's appointment already. It is ‎£50 and appointments are limited. I won't be able to file taxes until mid-March after receiving the form signed and such from husband.

[tarzan31 27]

I'm not working in USA. I have a cr1 application processing at the moment. I live and work in the UK. She lives and works in USA. But she still needs to file as married.

I was just curious if the NVC wiki was either outdated or incorrect or whether I've missed something.

Nothing on WIKI is official. WIKI is a website that is created and maintained by users inputting what they know or think they know. NEVER rely on WIKI for ANYTHING. Always use travel.state.gov or USCIS websites for accurate information.

[NikLR 13,227]

Our wiki is pretty well maintained by experienced members on this website. The USCIS and sometimes the NVC, especially the phone lines, are often known for the misinformation they give.

[IamIan 14]

Our wiki is pretty well maintained by experienced members on this website. The USCIS and sometimes the NVC, especially the phone lines, are often known for the misinformation they give.

Agree with that. I've been given much more accurate and better advice from members on here and the wiki than from the nvc call centre. One time, the guy at nvc told us to call back after 3 weeks to get our case number. We ignored him, called back the next day and they had the number.

Edited February 7, 2016 by IamIan

[Ryan H 3,812]

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

[cyclone27 710]

After you come here and receive SSN - refile an amended tax return as married filing jointly. In most cases a sizable refund will be the end result.

[IamIan 14]

After you come here and receive SSN - refile an amended tax return as married filing jointly. In most cases a sizable refund will be the end result.

Thank you Cyclone. That's good to hear. Filing married separate she has $960 to pay. If we'd have filed together, she'd have got 5k back.

So, would you mind advising what documentation I need to bring when I move to USA to adjust to married jointly? My employment in 2015 was all over the place - I was made redundanct twice and did a ton of ####### jobs to keep things ticking over.