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TennMike7

Filed without wife's ITIN/SS

By TennMike7 in Tax & Finances During US Immigration

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TennMike7 Contributor

TennMike7   8

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I filed my 2017 taxes as "married but filing separate with a non-resident alien' and my wife has no SS number or ITIN. As a result of her not having an ITIN, my refund was taken and I was left owing hundreds and hundreds of dollars!!!

 

The refund status details say that they didn't allow my wife's exemption because the last name doesn't match their records and they have no ss or ITIN on file for her.

 

Has anyone else had a similar situation? Will this affect our CR-1 in anyway at all? I don't really make a whole lot...how in the hell do I end up owing the IRS hundreds and hundreds of dollars.

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Crazy Cat Grand Master

Crazy Cat   41,851

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If NRA spouse has no SSN or ITIN, you cannot claim an exemption for the spouse.....it's in the IRS regs.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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payxibka Grand Master

payxibka   10,045

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29 minutes ago, TennMike7 said:

I filed my 2017 taxes as "married but filing separate with a non-resident alien' and my wife has no SS number or ITIN. As a result of her not having an ITIN, my refund was taken and I was left owing hundreds and hundreds of dollars!!!

 

The refund status details say that they didn't allow my wife's exemption because the last name doesn't match their records and they have no ss or ITIN on file for her.

 

Has anyone else had a similar situation? Will this affect our CR-1 in anyway at all? I don't really make a whole lot...how in the hell do I end up owing the IRS hundreds and hundreds of dollars.

How could you even claim your wife as an exemption when filing married - separate?

YMMV

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TennMike7 Contributor

TennMike7   8

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24 minutes ago, missileman said:

If NRA spouse has no SSN or ITIN, you cannot claim an exemption for the spouse.....it's in the IRS regs.

So, I need to change my filing status? I don't understand. I had a tax guy do it for me.  I don't know anything about any exemption. I filed "married but filing separately NRA (non-resident alien). What is the exemption all about?

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payxibka Grand Master

payxibka   10,045

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28 minutes ago, TennMike7 said:

So, I need to change my filing status? I don't understand. I had a tax guy do it for me.  I don't know anything about any exemption. I filed "married but filing separately NRA (non-resident alien). What is the exemption all about?

You do not have to change your filing status because MFS is an acceptable.  You cannot claim your spouse as a dependent or exemption.  If your tax guy did this then he/she needs to be fired

YMMV

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Crazy Cat Grand Master

Crazy Cat   41,851

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32 minutes ago, payxibka said:

How could you even claim your wife as an exemption when filing married - separate?

From https://www.usexpattaxhelp.com

 

"

Can I claim an exemption for my nonresident alien spouse?

You can claim an exemption on your income tax return for your nonresident alien spouse if:

  • your spouse has no gross income for US tax purposes and
  • is not a dependent of another US taxpayer and
  • your spouse has an Individual Taxpayer Identification Number (ITIN)

The exemption can be claimed on a separate return.

"

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Crazy Cat Grand Master

Crazy Cat   41,851

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2 minutes ago, payxibka said:

You cannot claim your spouse as a dependent or exemption.

Yes, you can IF spouse has a SSN or ITIN and has no US income.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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payxibka Grand Master

payxibka   10,045

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Just now, missileman said:

Yes, you can IF spouse has a SSN or ITIN and has no US income.

If your spouse has SSN/ITIN then why would you file separate and not Joint?

YMMV

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TennMike7 Contributor

TennMike7   8

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Filed: Other Country: Brazil
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Called IRS. My tax guy didn't file my foreign income correctly. That's why I was taxed so much. The lady at IRS said I need to file that foreign income on a Form 2555 and amend my tax return. As an added bonus, she sent me my last years tax transcripts via snail mail so I can be prepared for NVC. Good enough for me. My tax guy is usually on the ball. Not sure what happened to him this year.

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Crazy Cat Grand Master

Crazy Cat   41,851

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6 minutes ago, payxibka said:

If your spouse has SSN/ITIN then why would you file separate and not Joint?

If spouse has foreign income (and no US income) and you file joint, then you must report that foreign income.  

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Crazy Cat Grand Master

Crazy Cat   41,851

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@payxibka

 

From IRS Pub 519:

 

"You can claim an exemption for your spouse on a separate re-turn if your spouse had no gross income for U.S. tax purposes and was not the dependentof another taxpayer. You can claim this exemption even if your spouse has not been a resident alien for a full tax year or is an alien who has not come to the United States."

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Crazy Cat Grand Master

Crazy Cat   41,851

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In IRS Pub 519, just below the quote above it also says "Your spouse and each dependent for whom you claim an exemption must have either an SSN or an ITIN"

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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da66 Rookie

da66   1

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Hi,

I am in the same situation, dut i still have not filed. I am waiting for a certified copy of her passport to apply for an ITIN and then file.  Here  is what you need to do . tell her to send you a  certified copy of her passport and find  a tax agent who can help ypu with filing for an ITIN.

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Italian_in_NYC Rising Star

Italian_in_NYC   259

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On ‎3‎/‎19‎/‎2018 at 7:44 PM, payxibka said:

How could you even claim your wife as an exemption when filing married - separate?

In some cases it's possible, but an ITIN is needed.

AOS:

RD: 6/21/06

Biometrics: 7/25/06

ID: 10/24/06 - Approved

Conditional GC Received: 11/3/06

I-751

RD: 7/31/08

NOA 1: 8/6/08

Biometrics: 8/26/08

Transferred to CSC: 2/25/09

Approved: 4/23/09 (email received)

Card mailed: 4/28/09 (email received)

Card Received: 5/1/09

N-400

RD & PD: 7/28/09

NOA 1: 8/1/09

Biometric appt: 8/12/09

Interview Letter received: 10/02/09 (notice dated 09/29)

Interview Date: 11/10/09 at Federal Plaza in Manhattan

Oath Letter: 11/10/09

Oath Date: 11/13/09 - Special ceremony at USS Intrepid - Done - USC

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