Filing Taxes While waiting on NOA2

[girlonfire 52]

So my husband and I are currently waiting on our NOA2 (fingers crossed for an approval soon) but I have to file taxes and I am so confused on what to do. I've read a few discussions in which folks have said to file as married filing separately but I reached out to my uncle who does tax preparing on the side and he says just file as single since my husband has no status in the U.S. I'm just worried that filing single will cause issues with our case but I can't e-file like I normally do because my husband doesn't have a social security number. HELP PLEASE! 

[ms_bobdog 501]

2 minutes ago, girlonfire said:

So my husband and I are currently waiting on our NOA2 (fingers crossed for an approval soon) but I have to file taxes and I am so confused on what to do. I've read a few discussions in which folks have said to file as married filing separately but I reached out to my uncle who does tax preparing on the side and he says just file as single since my husband has no status in the U.S. I'm just worried that filing single will cause issues with our case but I can't e-file like I normally do because my husband doesn't have a social security number. HELP PLEASE! 

No you shouldn't file as single because you are married. You will file married filing separately, and yes, you cannot e-file because your husband does not have a SSN.

[girlonfire 52]

I guess I'm going to have to try to stay on the safe side and get a tax preparer I have no idea how to file through the mail. 

[ms_bobdog 501]

1 minute ago, girlonfire said:

I guess I'm going to have to try to stay on the safe side and get a tax preparer I have no idea how to file through the mail. 

And please get one who will not tell you or insist that you file as single. I don't know why anyone would say that, to be honest. Married is married. Good luck!

[girlonfire 52]

Thank you! Yes I will. I'm just so anxious. Congrats on your approval by the way! I'm an October filer so it gives me hope! 

[Sal89 40]

2 hours ago, girlonfire said:

So my husband and I are currently waiting on our NOA2 (fingers crossed for an approval soon) but I have to file taxes and I am so confused on what to do. I've read a few discussions in which folks have said to file as married filing separately but I reached out to my uncle who does tax preparing on the side and he says just file as single since my husband has no status in the U.S. I'm just worried that filing single will cause issues with our case but I can't e-file like I normally do because my husband doesn't have a social security number. HELP PLEASE! 

I recently filed as 'Married Filing Separately' by myself. I used e-copy from 2016 tax returns as a reference to fill out 2017 return forms. 1040 forms instructions were pretty straight forward. It took only a couple of hours to fill out both state and federal tax return forms by using previous tax return forms.

On Spouse SSN field, I entered NRA (Non-Resident Alien). ALMOST the rest form was similar to 2016 tax return form.

[ms_bobdog 501]

1 hour ago, girlonfire said:

Thank you! Yes I will. I'm just so anxious. Congrats on your approval by the way! I'm an October filer so it gives me hope! 

Thank you! Yes, when you don’t think about it, the surprise is greater. I wasn’t expecting it till month’s end or early March at least! 

[girlonfire 52]

2 minutes ago, Sal89 said:

I recently filed as 'Married Filing Separately' by myself. I used e-copy from 2016 tax returns as a reference to fill out 2017 return forms. 1040 forms instructions were pretty straight forward. It took only a couple of hours to fill out both state and federal tax return forms by using previous tax return forms.

On Spouse SSN field, I entered NRA (Non-Resident Alien). ALMOST the rest form was similar to 2016 tax return form.

I reached out to a volunteer tax service at my university so if they aren't able to help I will definitely use this method. Thank you!!

[Ryan H 3,812]

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

[payxibka 10,045]

21 hours ago, Sal89 said:

I recently filed as 'Married Filing Separately' by myself. I used e-copy from 2016 tax returns as a reference to fill out 2017 return forms. 1040 forms instructions were pretty straight forward. It took only a couple of hours to fill out both state and federal tax return forms by using previous tax return forms.

On Spouse SSN field, I entered NRA (Non-Resident Alien). ALMOST the rest form was similar to 2016 tax return form.

IRS update as of 10/17:

 

IRS processes returns showing SSNs or ITINs in the blanks where tax forms request SSNs. IRS no longer accepts, and will not process, forms showing "SSA", 205c", "applied for", "NRA", & blanks, etc.
 

[Sal89 40]

1 hour ago, payxibka said:

IRS update as of 10/17:

 

IRS processes returns showing SSNs or ITINs in the blanks where tax forms request SSNs. IRS no longer accepts, and will not process, forms showing "SSA", 205c", "applied for", "NRA", & blanks, etc.
 

This is when "If you do not have a SSN and are not eligible to obtain a SSN, but you have a requirement to furnish a federal tax identification number or file a federal income tax return, you must apply for an ITIN."

https://www.irs.gov/individuals/international-taxpayers/general-itin-information

This has nothing to do with the filing status or with your spouse SSN/ITIN.

Edited February 20, 2018 by Sal89

[girlonfire 52]

2 minutes ago, Sal89 said:

This is when "If you do not have a SSN and are not eligible to obtain a SSN, but you have a requirement to furnish a federal tax identification number or file a federal income tax return, you must apply for an ITIN."

https://www.irs.gov/individuals/international-taxpayers/general-itin-information

This has nothing to do with the filing status.

Yeah this makes sense. But I'm not seeing anything specific to filers with foreign spouses on their website. 

[Sal89 40]

If you read the actual IRS instructions for form 1040, it says 

Be sure to enter your spouse's SSN or ITIN on Form 1040. If your spouse doesn't have and isn't required to have an SSN or ITIN, enter “NRA.” 

1040 Instructions: Page 14

[girlonfire 52]

1 minute ago, Sal89 said:

If you read the actual IRS instructions for form 1040, it says 

Be sure to enter your spouse's SSN or ITIN on Form 1040. If your spouse doesn't have and isn't required to have an SSN or ITIN, enter “NRA.” 

1040 Instructions: Page 14

Awesome! That's good to know. Thank you!!

[Fereshteh 4]

Hey all,

 

My situation is a bit more complicated. I am the beneficiary of my USC husband. We currently live abroad (have been living abroad for a year now) and we just got the NOA2 for our I-130.

 

I lived in the US for 6 years before, I was getting paid and had an SSN and paid taxes - in my last two years (2015 and 2016)  there I was a resident alien. In 2017 I did not live in the US so I know for tax purposes I'm nonresident alien. Now does that change now that our I-130 is approved?