Tax

[Jeanne Adil 1,651]

16 hours ago, Damirabouja said:

Thank you,But I went to file it, they told me I need to file as single because I don't have her SSN!?

they were wrong 

you file as married and claim him and file W7 with proof of marriage and his birth certificate

this allows you to have the bigger return and also is good proof of combining income for the interview / Morocco demands proof of combining assets

[NikLR 13,227]

Op you should file as married filing separately.  You can change this later if you choose. You can also ask for an extension.  My hubs was also told he couldn't file by tax services because I did not have an ssn.  But you can, you just have to paperfile vs efile. 

Edited March 22, 2018 by NikLR

[NikLR 13,227]

~~moved to taxes and finances during immigration from IR1/CR1 progress reports~~

Edited March 22, 2018 by NikLR

[NovaSprings 89]

1 hour ago, adil-rafa said:

they were wrong 

you file as married and claim him and file W7 with proof of marriage and his birth certificate

Filing a W7 will give your wife an ITIN number (Individual Tax Identification Number).  

An Individual Taxpayer Identification Number (ITIN) is a tax processing number issued by the Internal Revenue Service. IRS issues ITINs to individuals who are required to have a U.S. taxpayer identification number but who do not have, and are not eligible to obtain a Social Security Number (SSN) from the Social Security Administration (SSA).

ITINs are issued regardless of immigration status because both resident and nonresident aliens may have a U.S. filing or reporting requirement under the Internal Revenue Code.

[Akiko & Brad 46]

If you were married as of 12/31/2017 you definitely want to file as married filing jointly as it will reduce your tax obligation and perhaps get you a larger tax refund.  Do whatever you can to make this happen by getting an ITN if necessary in lieu of a SS number for now.  If necessary file for a tax return extension which will allow you extra time before you have to file the return.  This will be much easier that filing married filing separate which will automatically will tax you more and then later filing an amended return of married filing joint in order to get a refund of what you overpaid by choosing the married filing separate.

[Nikolet Kamenov 77]

In the same boat as you...

i have been dealing with this for the last two weeks and i am currently on hold with IRS.

 

you CANT apply for ITIN if you have already FILED for a social. When you applied on your form if you clicked yes fr them to issue you a SSN then most likely you have applied... 

I called USCIS i was instructed to call Social Security since they dont know what i can do. Social security said go to a location they will hep you. I went and they had no idea what a ITIN number was? #######

From then on i called back social security today i told them about my story they said call IRS see what they would say.

 

****BTW I WAS INSTRUCTED BY A USCIS OFFICER TO FILE SINGLE IF THERE IS NO SOLUTION

 

Another solution i think might work is just to be late on your taxes and after they fine you, you can apply for a waver of the fee if you have a real reason and you have tried everything to file. 

Well since i have i think that would work

Option 3 would be applying for extension if you can of course... Since you have to pre-calculate your tax return somehow and give them a cheque with a sum that would be 80% of your tax owing. And if they decide they will approve you for 6 months. 

[Nikolet Kamenov 77]

In the same boat as you...

i have been dealing with this for the last two weeks and i am currently on hold with IRS.

 

you CANT apply for ITIN if you have already FILED for a social. When you applied on your form if you clicked yes fr them to issue you a SSN then most likely you have applied... 

I called USCIS i was instructed to call Social Security since they dont know what i can do. Social security said go to a location they will hep you. I went and they had no idea what a ITIN number was? #######

From then on i called back social security today i told them about my story they said call IRS see what they would say.

 

****BTW I WAS INSTRUCTED BY A USCIS OFFICER TO FILE SINGLE IF THERE IS NO SOLUTION

 

Another solution i think might work is just to be late on your taxes and after they fine you, you can apply for a waver of the fee if you have a real reason and you have tried everything to file. 

Well since i have i think that would work

Option 3 would be applying for extension if you can of course.. form4868. Since you have to pre-calculate your tax return somehow and give them a cheque with a sum that would be 80% of your tax owing. And if they decide they will approve you for 6 months. 

 

I just spoke to IRS and they said my only option is to file for extension... I dont know what to do

[Crazy Cat 41,851]

23 minutes ago, Nikolet Kamenov said:

****BTW I WAS INSTRUCTED BY A USCIS OFFICER TO FILE SINGLE IF THERE IS NO SOLUTION

The USCIS officer was incorrect if he/she told you to file as single if you are married.  If the foreign spouse has neither a SSN nor ITIN, you can :

 

1.  File as "Married Filing Separately"

2.  Hand write "NRA" in the space for spouse Social Security Number.

3.  Mail the 1040 (you can not efile without a SSN or ITIN.)

 

Edited March 22, 2018 by missileman

[Italian_in_NYC 259]

41 minutes ago, Nikolet Kamenov said:

****BTW I WAS INSTRUCTED BY A USCIS OFFICER TO FILE SINGLE IF THERE IS NO SOLUTION

 

Another solution i think might work is just to be late on your taxes and after they fine you, you can apply for a waver of the fee if you have a real reason and you have tried everything to file. 

Well since i have i think that would work

Option 3 would be applying for extension if you can of course.. form4868. Since you have to pre-calculate your tax return somehow and give them a cheque with a sum that would be 80% of your tax owing. And if they decide they will approve you for 6 months. 

 

I just spoke to IRS and they said my only option is to file for extension... I dont know what to do

The USCIS officer advice on your tax return is TOTALLY unqualified, you might just want to ask the pizza-delivery guy, better chance of getting the right answer.

No problem/penalties/interest if you file late and no tax is due (or you are owed a refund). However, I tend to avoid this as there is a remote chance a red flag will be raised. Also, if there are any information report due with your return, they will be considered filed late and substantial civil penalties may be assessed.

Filing for an extension is a totally viable option. The approval is automatic. You need to pay what you owe though. It is an extension to file, not an extension to pay. Failure-to-pay penalties (0.5% per month, up to a max of 5%) and interest (always unabatable) will be assessed on the unpaid amount as of 4/17/18. Just make a quick estimate. If you are owed a refund, file a zero extension (Fed and any applicable State) and take care of your return by 10/15. If you are not sure, make a protective payment. You will get a refund when you file your return.

[Nikolet Kamenov 77]

2 minutes ago, Italian_in_NYC said:

The USCIS officer advice on your tax return is TOTALLY unqualified, you might just want to ask the pizza-delivery guy, better chance of getting the right answer.

No problem/penalties/interest if you file late and no tax is due (or you are owed a refund). However, I tend to avoid this as there is a remote chance a red flag will be raised. Also, if there are any information report due with your return, they will be considered filed late and substantial civil penalties may be assessed.

Filing for an extension is a totally viable option. The approval is automatic. You need to pay what you owe though. It is an extension to file, not an extension to pay. Failure-to-pay penalties (0.5% per month, up to a max of 5%) and interest (always unabatable) will be assessed on the unpaid amount as of 4/17/18. Just make a quick estimate. If you are owed a refund, file a zero extension (Fed and any applicable State) and take care of your return by 10/15. If you are not sure, make a protective payment. You will get a refund when you file your return.

What if i end up paying less than what i owe? 

[Italian_in_NYC 259]

Just now, Nikolet Kamenov said:

What if i end up paying less than what i owe? 

Failure-to-pay penalty and interest is assessed on the unpaid amount.

No big deal unless the amount is substantial. Just send a conservative payment in with the extension, if you can.

[NovaSprings 89]

15 hours ago, Nikolet Kamenov said:

In the same boat as you...

i have been dealing with this for the last two weeks and i am currently on hold with IRS.

 

you CANT apply for ITIN if you have already FILED for a social. When you applied on your form if you clicked yes fr them to issue you a SSN then most likely you have applied... 

I called USCIS i was instructed to call Social Security since they dont know what i can do. Social security said go to a location they will hep you. I went and they had no idea what a ITIN number was? #######

From then on i called back social security today i told them about my story they said call IRS see what they would say.

 

****BTW I WAS INSTRUCTED BY A USCIS OFFICER TO FILE SINGLE IF THERE IS NO SOLUTION

 

Another solution i think might work is just to be late on your taxes and after they fine you, you can apply for a waver of the fee if you have a real reason and you have tried everything to file. 

Well since i have i think that would work

Option 3 would be applying for extension if you can of course... Since you have to pre-calculate your tax return somehow and give them a cheque with a sum that would be 80% of your tax owing. And if they decide they will approve you for 6 months. 

Not sure if this is the situation is the same as the OP.  OP says his wife is still overseas.  Assuming that means they are still waiting for the their CR1/IR1 to be approved.  If this is true, then they would not have a SSN in the works.  SSN request comes when you cross and activate your visa.  OP you may want to provide further details on your situation. 

 

My personal situation - we filed for an ITIN while I was still living in Canada - using the ITIN number, my husband filed married but filing separate while I was still in Canada  and waiting for visa approval (I filed married on my Canadian tax return).  Once I moved to the US, received my SSN and filed the next tax retrun with new SSN. 

Edited March 23, 2018 by NovaSprings

[Nikolet Kamenov 77]

On 23.03.2018 г. at 8:22 AM, NovaSprings said:

Not sure if this is the situation is the same as the OP.  OP says his wife is still overseas.  Assuming that means they are still waiting for the their CR1/IR1 to be approved.  If this is true, then they would not have a SSN in the works.  SSN request comes when you cross and activate your visa.  OP you may want to provide further details on your situation. 

 

My personal situation - we filed for an ITIN while I was still living in Canada - using the ITIN number, my husband filed married but filing separate while I was still in Canada  and waiting for visa approval (I filed married on my Canadian tax return).  Once I moved to the US, received my SSN and filed the next tax retrun with new SSN. 

I had no idea i was going to need a ITIN...

now i just have to wait