Newly married filing 1040, do I need the notice about my wife being treated as a US citizen?

[johnson3223 0]

Married and filing joint. Haven't had interview yet and don't anticipate it before filing taxes. Do we need to put a letter saying that the spouse is a non-resident but treating them as a US citizen for the year? Do people do this? What happens if you don't do it?

[MjC772 94]

Not too familiar with the process but I think you need to apply for an ITIN number as here:

https://www.irs.gov/individuals/individual-taxpayer-identification-number

Edited August 18, 2018 by MjC772

[Dee elle 1,368]

8 minutes ago, johnson3223 said:

Married and filing joint. Haven't had interview yet and don't anticipate it before filing taxes. Do we need to put a letter saying that the spouse is a non-resident but treating them as a US citizen for the year? Do people do this? What happens if you don't do it?

Can you please just give a little more information regarding who is a USC , LPR, where you are both living.. who is being interviewed and for what ?  etc.. I m just not sure I understand what you're asking...

[mich923 23]

11 minutes ago, johnson3223 said:

Married and filing joint. Haven't had interview yet and don't anticipate it before filing taxes. Do we need to put a letter saying that the spouse is a non-resident but treating them as a US citizen for the year? Do people do this? What happens if you don't do it?

 

11 minutes ago, johnson3223 said:

Married and filing joint. Haven't had interview yet and don't anticipate it before filing taxes. Do we need to put a letter saying that the spouse is a non-resident but treating them as a US citizen for the year? Do people do this? What happens if you don't do it?

Are you a US citizen living abroad? Or is your spouse living abroad and you are here in the US? There are 2 different answers for the situations. As others have said please elaborate.

[Roel 7,192]

12 minutes ago, johnson3223 said:

Married and filing joint. Haven't had interview yet and don't anticipate it before filing taxes. Do we need to put a letter saying that the spouse is a non-resident but treating them as a US citizen for the year? Do people do this? What happens if you don't do it?

when you're filling taxes,  there is no such thing as treating someone as US citizen. You're either a citizen or not. Claiming to be a citizen when  you're not, is extremely serious crime.

Someone on the tax form, there is a question about citizenship. Just put whatever country your spouse is the citizen of.

 

Of course, you're filling as "married", not single.

[Jojo92122 1,924]

13 minutes ago, johnson3223 said:

Married and filing joint. Haven't had interview yet and don't anticipate it before filing taxes. Do we need to put a letter saying that the spouse is a non-resident but treating them as a US citizen for the year? Do people do this? What happens if you don't do it?

Who is the letter for?

 

If it's for the visa interview, they don't care since you haven't filed.  
 

You already have a thread.  Stick to one thread.  You started this new thread and left out lots of relevant information.  This thread doesn't even indicate that you are applying for AOS.  I had to find it in your other thread.

 

Ask a mod to merge your two threads.

 

[johnson3223 0]

9 minutes ago, Roel said:

when you're filling taxes,  there is no such thing as treating someone as US citizen. You're either a citizen or not. Claiming to be a citizen when  you're not, is extremely serious crime.

Someone on the tax form, there is a question about citizenship. Just put whatever country your spouse is the citizen of.

 

Of course, you're filling as "married", not single.

Meant US resident, not citizen... since I'm a US citizen, I wrote it wrong. See update to the thread, I point out where in the IRS it says to have it attached.

Edited August 18, 2018 by johnson3223

[johnson3223 0]

18 minutes ago, Dee elle said:

Can you please just give a little more information regarding who is a USC , LPR, where you are both living.. who is being interviewed and for what ?  etc.. I m just not sure I understand what you're asking...

Just only related to filing taxes. Described by the IRS here:

https://www.irs.gov/individuals/international-taxpayers/nonresident-alien-spouse

A blog post also describing about this "statement":https://www.cookcpagroup.com/when-may-nonresident-spouse-be-treated-as-resident-by-irs-tax-purposes/

 

We both live in the US. It's around treating the nonresident spouse as a US resident (I erroneously mentioned it above). Actual statement from the IRS:

 

Attach a statement, signed by both spouses, to your joint return for the first tax year for which the choice applies. It should contain the following information:

1. A declaration that one spouse was a nonresident alien and the other spouse a U.S. citizen or resident alien on the last day of your tax year, and that you choose to be treated as U.S. residents for the entire tax year
2. The name, address, and identification number of each spouse. (If one spouse died, include the name and address of the person making the choice for the deceased spouse.)

Edited August 18, 2018 by johnson3223