I'm in US, wife in UK (CR-1), do i file taxes as single/married-filing-separate/et al?

[ms_bobdog 501]

9 minutes ago, Wuozopo said:

 

Maybe so. Haven't tried it. Thanks.

My husband had to paper file because efiling doesn’t allow him to enter NRA for spouse’s SSN/ITIN. OP, please take note 😊 

[Enigma11561 336]

2 hours ago, Wuozopo said:

If you were married on Dec 31, 2017 then your filing status can not be single.

 

Options are

1. Married Filing Separately. You can efile.
2. Married Filing Jointly. She would require an ITIN and I don't think you have much time left to jump through the hoops that entails. You need her actual passport to mail off to Austin or show at certain IRS centers, not a photocopy. Or maybe find an acceptance agent in the UK to certify her passport. Then you must both sign a statement that you elect for her to be treated as a resident alien for tax purposes, report her UK income, both sign a paper return, and paper file by mail.

 

You may come out better filing jointly, but easier to wait for her to get here, get her SSN, then file an amended 2017 return. 

You cannot file an amended return. Your status on Dec 31 is your status.  If she arrived on Jan1 and got a social on Jan2, his status on Dec 31 did not change.no matter when he files in 2018. File married separately for 2017 and married jointly 2018. Going thru this now with my son in law.His wife is coming this summer but he had to file married separately for 2017.

[Enigma11561 336]

1 hour ago, ms_bobdog said:

Kindly correct me if I am wrong, but if the spouse is NRA, with no ITIN, you can't efile for Married Filing Separately?

If the wife has no social or ITIN she cannot be put on his return. Hence, file married separately. Not sure about  e filing but it should be ok as it is a normal return.

Edited March 15, 2018 by Enigma11561

[pushbrk 12,822]

1 hour ago, Enigma11561 said:

Pretty much what I said. He needs to show tax returns and income. Did not state the income shown must come from the tax return, although it does not hurt.,

Not at all.  You wrote, " you must show that you ( the petitioner) did file and the amount of income meets/does not meet minimum requirements."  That is not correct.  You must file a tax return.  You must include information from three tax returns on the affidavit of support.  You must supply a complete copy of the most recent tax return or a tax return transcript for the most recent return.  You DO NOT need to "show that the amount of income on ANY tax return meets or does not meet the minimum, unless you are self employed.  There are exceptions on a situation and/or Consulate specific basis but not generally and certainly not generally for a UK beneficiary.

Further, the discussion is about filing status, not sponsor qualifications.  Filing status has NOTHING to do with qualifying as sponsor and NOTHING to do with immigration concerns.

[Roel 7,192]

How come this question pop here so often? When you're married you file as married. Then you're single you file as single. How can people be confused about this all the time? O.o 

[Keith & Arileidi 437]

3 hours ago, Roel said:

How come this question pop here so often? When you're married you file as married. Then you're single you file as single. How can people be confused about this all the time? O.o 

Because most things aren't simple when it comes international marriage, so people tend to over compensate on the easy stuff. 

[Wuozopo 4,293]

6 hours ago, Enigma11561 said:

You cannot file an amended return. Your status on Dec 31 is your status.  If she arrived on Jan1 and got a social on Jan2, his status on Dec 31 did not change.no matter when he files in 2018. File married separately for 2017 and married jointly 2018. Going thru this now with my son in law.His wife is coming this summer but he had to file married separately for 2017.

 

Are you saying that If I file MFS tomorrow, next August I can't say "Oops, I should have filed MFJ to get a bigger refund" and then file a 1040x?  I am filing Married on both because I was a married man on 12/31/17.

The 1040x instructions seem to allow for change in filing status --  

 

Amended Return Filing Status

Check the box that corresponds to your filing status on this return. If this is a change from the filing status on your original return, the following information may apply to you

.............etc

Edited March 15, 2018 by Wuozopo

[payxibka 10,045]

6 hours ago, Enigma11561 said:

You cannot file an amended return. Your status on Dec 31 is your status.  If she arrived on Jan1 and got a social on Jan2, his status on Dec 31 did not change.no matter when he files in 2018. File married separately for 2017 and married jointly 2018. Going thru this now with my son in law.His wife is coming this summer but he had to file married separately for 2017.

A taxpayer can special elect to have the NRA spouse treated as a US taxpayer and file a joint return.  Needs ITIN but can be done.

[Roel 7,192]

55 minutes ago, Keith & Arileidi said:

Because most things aren't simple when it comes international marriage, so people tend to over compensate on the easy stuff. 

It's like one of my husbands old "friend" told him once (that was before I arrived to States but we were already engaged. ) he told him that since I'm a foreigner it won't "count" if he cheat on me. This is the logic I see in those questions. my wife is a foreigner? Ok then she doesn't count on my taxes. 

[Enigma11561 336]

7 hours ago, Roel said:

How come this question pop here so often? When you're married you file as married. Then you're single you file as single. How can people be confused about this all the time? O.o 

Social Security Number (SSN)

An incorrect or missing SSN can increase your tax, reduce your refund, or delay your refund. To apply for an SSN, fill in Form SS-5 and return it, along with the appropriate evidence documents, to the Social Security Administration (SSA). You can get Form SS-5 online at SSA.gov, from your local SSA office, or by calling the SSA at 1-800-772-1213. It usually takes about 2 weeks to get an SSN once the SSA has all the evidence and information it needs.

Check that both the name and SSN on your Forms 1040, W-2, and 1099 agree with your social security card. If they don’t, certain deductions and credits on your Form 1040 may be reduced or disallowed and you may not receive credit for your social security earnings. If your Form W-2 shows an incorrect SSN or name, notify your employer or the form-issuing agent as soon as possible to make sure your earnings are credited to your social security record. If the name or SSN on your social security card is incorrect, call the SSA.

 

IRS Individual Taxpayer Identification Numbers (ITINs) for Aliens

If you are a nonresident or resident alien and you don’t have and aren’t eligible to get an SSN, you must apply for an ITIN. It takes about 7 weeks to get an ITIN.

If you already have an ITIN, enter it wherever your SSN is requested on your tax return.

Some ITINs must be renewed. If you haven't used your ITIN on a federal tax return at least once for tax years 2014, 2015, or 2016, or if your ITIN has the middle digits 70, 71, 72, or 80 (9NN-70-NNNN), it expired at the end of 2017 and must be renewed if you need to file a federal tax return in 2018. You don't need to renew your ITIN if you don't need to file a federal tax return. You can find more information at IRS.gov/ITIN.

An ITIN is for tax use only. It doesn't entitle you to social security benefits or change your employment or immigration status under U.S. law.

For more information on ITINs, including application, expiration, and renewal, see Form W-7 and its instructions.

If you receive an SSN after previously using an ITIN, stop using your ITIN. Use your SSN instead. Visit a local IRS office or write a letter to the IRS explaining that you now have an SSN and want all your tax records combined under your SSN. Details about what to include with the letter and where to mail it are at IRS.gov/ITIN.

 

Nonresident Alien Spouse

If your spouse is a nonresident alien, he or she must have either an SSN or an ITIN if:

• You file a joint return,

• You file a separate return and claim an exemption for your spouse, or

• Your spouse is filing a separate return.

 

[Enigma11561 336]

Roel. Understand your reasoning. It is not a question if you are married or not. If a person does not have a SSN or ITIN, they cannot file taxes. You  cannot just put down someones name and say it is my spouse. The IRS has no way to track that person. If that were the case, every single person in America could put down Susan Smith and claim extra deductions.

[geowrian 22,337]

11 minutes ago, Enigma11561 said:

It is not a question if you are married or not. If a person does not have a SSN or ITIN, they cannot file taxes.

They don't need to file taxes, just be claimed by the individual filing taxes. Just put down "NRA" on the form, as noted right in the instructions.

 

https://www.irs.gov/pub/irs-pdf/i1040gi.pdf

" Married Filing Separately

...

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.”

 

Edit: Taxes are mostly on the honor system, for better or worse. Sure, somebody could put down a fake spouse to claim extra deductions. They could also lie about their income and/or other deductions fairly easily. But those are very serious felonies.

It wasn't that long ago that you didn't even need an SSN/ITIN for children to claim them. I forget how many children suddenly "disappeared" the year when it became required in order to claim them as a deduction.

Edited March 15, 2018 by geowrian

[arken 4,197]

12 hours ago, ms_bobdog said:

Kindly correct me if I am wrong, but if the spouse is NRA, with no ITIN, you can't efile for Married Filing Separately?

You are correct. It has to be mailed. I did so before I amended back to MFJ once my wife immigrated.

[Crazy Cat 41,656]

11 hours ago, Enigma11561 said:

If the wife has no social or ITIN she cannot be put on his return. Hence, file married separately. Not sure about  e filing but it should be ok as it is a normal return.

Not true.  If filing MFS, you should include spouse's name on the 1040.  If the spouse does not have a SSN or ITIN, write "NRA" in the space. But you can not claim an exemption for spouse if he/she doesn't have SSN or ITIN.  In this case, E filing can not be done.