Possible to file tax as married while beneficiary is living abroad

[Abcd1234 102]

2 minutes ago, geowrian said:

I'm unsure on an actual limit, but within 3 years is a simple 1040X.

So lets assume if i pay extra taxes because of filling single in 2019 and also just assume I pay again extra in 2020, can I still get back refunds of all that i paid extra because of different tax bracket( for both years) in 2021, if i amend it in 2021?

 

[Mr. Bama 46]

12 hours ago, Snd said:

You can apply as married jointly if you submit your taxes by mail with an ITIN application for your wife at the same time. I did this process this year for my husband living internationally. It postponed the tax refund process by a long time, and to get the ITIN application approved, you need to submit a certified copy of her passport or the physical thing. The only way to get a certified copy is from the immigration office that issues the passport. It’s definitely possible but a bit of a nightmare so the question for u is if it’s worth it. I got a substantially larger refund filing together which is why I decided to go through with it, but be aware it can be an annoying long process.

I did the exact thing and it ws worth the 3 to 4 month process. i received maybe 3,500 dollars more.

[Mr. Bama 46]

10 hours ago, LilyJ said:

If your tax guy is telling you to file single while you are married...then you need a new tax guy. It is not legal to file as single when you are married, the previous 2 options posted (married filing jointly or married filing separately) are your only 2 options

Or in certain situations you can file head of household. But you must never file single when you are married. it is indeed illegal.

[Mr. Bama 46]

1 hour ago, Abcd1234 said:

Thanks so much for asking this question. I dont want to file separate either, we got married in april 2019, i am filling for my spouse in a week, she could be here by end of 2020 if visa process goes well. I will be saving thousands if i can file jointly, and i can wait for tax refunds, dont need money urgently, I dont mind...

   So what is best option for 2019? My tax person said the same 😕 that you cant do it because she doesn't have ssn...makes me mad.

 

     i will need to show 2019 tax returns probably for sponsoring my spouse, would a delay by long tax process affect the case? 

  If i do MFS for 2019, how long do i have it, to amend it to MFJ? Does it need to be done before next tax returns?

  Lets assume if visa process takes long because of background checks, being Pakistani,  and we get visa in 2021, and i file 2019 as MFS and 2020 as MFS too, would i get both refunds if i amend it in 2021?

   Sorry,  long question,  but it will help us a lot. What is my best option.

  I really appreciate and love visajourney.

if you got married in April then Next year you can file with your wife.

[geowrian 22,337]

1 hour ago, Abcd1234 said:

So lets assume if i pay extra taxes because of filling single in 2019 and also just assume I pay again extra in 2020, can I still get back refunds of all that i paid extra because of different tax bracket( for both years) in 2021, if i amend it in 2021?

Yes, you can amend and claim a refund.

[dentsflogged 352]

19 hours ago, sonicview said:

My tax guys said i can't include my wife name or show as married in my tax return because she is not in USA and don't have SSN. How you guys did your tax return last year when you were married but spouse was overseas waiting for her visa approval. Did you guys filled application as single or married? I am little worried because i am expecting my wife's case to be approved next year as i recently files her i-130 and my 2019 tax return will be needed in the next stage of processing. I want to file as married, don't care about the deductibles but at least for the correct record, but without her having SSN i can't include her in tax filing. I don't want visa officer to question her for this point, any advice, what you guys did? 

As others have said, your tax guys are wrong.

 

She needs an SSN or ITIN to file online.   You can also file without either of those if you do it "analogue" by filling out the paperwork by hand and physically posting it in - my husband had to do this because I didn't have my SSN or ITIN yet and he wanted to get the tax out of the way.   A few weeks later his cheque was cashed and that was the end of it. 

[saladboye 166]

Yes You can.

 

I have been doing it for past years while we await her visa. YOu are gonna need to fill out the IRS W7 form.

 

 

You will have to submit your return via paper/mail. If you are using turbotax, select print and enter spouses SSN as 00000000 and edit it using PDF editor or whiteout.

 

Staple the form W7 on top of the tax forms (1040, 1099, W2 etc).

Get a certified passport copy of your spouse (has to be from a IRS local tax office or US embassy in spouse's home country. Embassy will charge you USD 50 for one copy. ) or mail the original passport (they will mail it back once done) to IRS along with rest of your tax return.

 

https://www.irs.gov/individuals/international-taxpayers/itin-updated-procedures-frequently-asked-questions

 

Just a cover letter should be fine. Here what I used:

https://www.dropbox.com/s/2crrygbeusvmfa2/Tax Declaration_SAMPLE.docx?dl=0

 

Make sure to update them when your spouse gets SSN, the instructions will be in the letter that will have your ITIN. I would add it to your post immigration checklist.

 

The above is just for filing MFJ. I could do it as my wife doesn't make any money. For you it may be different. And I would recommend a tax professional.

 

If its complicated, I would let it go this year just for the peace of mind. If you feel you can benefit, you can always amend your return later.

 

Also if you are comfortable, you can continue your withholding  to be Married but choosing to be single for withholding.

 

This means each tax return till she arrives is gonna be huge, you can ear mark it for post immigration expense or start and max out IRA in her name as she arrives and has an SSN.

Edited August 3, 2019 by saladboye

[Nitas_man 3,100]

Or file for extension next year which gives you until October to file, then you can MFJ.  You can attach tax documents, income proof, and extension letter to a support affidavit.

 

Or if they owe you a refund you can just wait and file when you feel like it.  No penalty.  She interviews before April tax/income minus extension will suffice.

 

So many right ways to do this.  I never fooled with ITIN.  I just filed late, included / excluded her income, and got the refund.  But our interview was before taxes were due.

 

[geowrian 22,337]

13 hours ago, Abcd1234 said:

So lets assume if i pay extra taxes because of filling single in 2019 and also just assume I pay again extra in 2020, can I still get back refunds of all that i paid extra because of different tax bracket( for both years) in 2021, if i amend it in 2021?

I just noticed the item in bold. You would file as Married Filing Separately. Not Single. If you are married on the last day of the tax year (Dec. 31st), then Single is not a valid option.

[Edddie&Beatrice 64]

Am filling form w7 and I was wondering if it would be fine to fill my husband's mailing address on applicants mailing address(line 2). Where the will send written notification about my ITIN application status.  

Then line 3 fill in my address here in Kenya where I am.

[saladboye 166]

On 12/11/2019 at 2:01 PM, Edddie&Beatrice said:

Am filling form w7 and I was wondering if it would be fine to fill my husband's mailing address on applicants mailing address(line 2). Where the will send written notification about my ITIN application status.  

Then line 3 fill in my address here in Kenya where I am.

YEs 2. = address for the applicant

3 = your address in USA

 

The item 3 says to check instructions, it should have it.