place married or single on taxes?

[Andres Gipo 0]

Hello ...

 

My wife, who is my petitioner, is going to present her taxes for the first time, who is helping her with this procedure says that she must present them as single since there is no information about me in the USA ... Someone who can indicate us about this, it is the first time she files her taxes because she lived here in Colombia.

 

Thank you very much.

[Unlockable 7,315]

She is married. She files married filing separate.

[Unlockable 7,315]

*** Moved to "Tax & Finances During US Immigration"

 

VJ Moderation

[Georgia16 2,858]

You can't file as single when you are married. As said above she needs to file as married filing separate. 

 

Also maybe she should find someone else to help her with this.

[saladboye 166]

21 minutes ago, Andres Gipo said:

Hello ...

 

My wife, who is my petitioner, is going to present her taxes for the first time, who is helping her with this procedure says that she must present them as single since there is no information about me in the USA ... Someone who can indicate us about this, it is the first time she files her taxes because she lived here in Colombia.

 

Thank you very much.

 

She/Petitioner can file taxes as Married filing jointly or MFJ. There are benefits to it, mostly a tax refund could end up doubling.

 

Have her apply for an ITIN for you. She WILL need your passport certified copy either from the issuing agency or certified at a US embassy (which can be costly like $50 but you get to visit the embassy and get to know it better!)

 

She can apply for your ITIN now before filing taxes or she can do it at the same time with her tax return but she will have to file her return using paper and not e-file.

She can however use Turbotax or other software to prepare and then print it instead of filing it electronically. Thankfully this needs to be done the first time only and subsequently it can be done online.

 

She will have fill form W7 and put it on top of her Form 1040 or Tax Return and mail it in.

 

You can also put a simple declaration like this as a cover letter.

 

Once you come here and get an SSN, then simply send a copy of the ITIN letter that had the number and tell IRS to update it with your new SSN .

 

Source: I have done it. Its easy and not that difficult.

 

 

 

Edited December 12, 2019 by saladboye

[geowrian 22,337]

Only possible options are Married Filing Jointly (need an SSN or ITIN - can be requested at the time of filing), Married Filing Separately (write in "NRA" for the spouse's SSN), and Head of Household (in limited circumstances). Single is not a valid filing status for somebody who is married.

[JeanneAdil 6,606]

you apply for the ITIN with form W7 at tax return time 

this allows you to claim nonresident alien spouse

https://www.irs.gov/credits-deductions/individuals/how-do-i-apply-for-an-itin

other than that this is what IRS says

 

You can apply for an ITIN any time during the year when you have a filing or reporting requirement. At a minimum, you should complete Form W-7 when you are ready to file your federal income tax return by the return's prescribed due date.

 

so, if you do not have a reason to file or have a reporting requiement such as paying estimated quarterly taxes to federal government for self employment or not enough taxes withheld by employer , the only time to apply for ITIN is with spring returns

[Going through 5,671]

1 hour ago, Georgia16 said:

Also maybe she should find someone else to help her with this.

Seconding this.

 

The person "helping" her is going to result in more damage than good by giving her incorrect advice. 

[Oliversmom 250]

A few years ago I made the mistake of filing single when married because my husband was not here.  Fast forward a few years and it caused me all kinds of problems and a big hassle to fix it.  Don't do it.

[Andres Gipo 0]

Thank you very much everyone for taking the time to respond, we will consider all your advice.

[Going through 5,671]

27 minutes ago, Andres Gipo said:

Thank you very much everyone for taking the time to respond, we will consider all your advice.

I hope you take the above comments not only as advice, but what is factual in terms of filing with the IRS.

Her only options are to file as Married Filing Jointly, or Married Filing Separately.

 

Marriage in a foreign country, or living in a foreign country with your spouse doesn't mean that you're not married everywhere else to.  She cannot file as single.

 

Keep in mind, also, that tax returns are used commonly as evidence of a bonafide marriage with USCIS---last thing you need is for her to put her status as "single" on them, and then have to go through the hassle of trying to get it changed later should it present problems with your own immigration journey later on leading to citizenship based on marriage eligibility.

Edited December 13, 2019 by Going through

[carmel34 3,650]

19 hours ago, Andres Gipo said:

Hello ...

 

My wife, who is my petitioner, is going to present her taxes for the first time, who is helping her with this procedure says that she must present them as single since there is no information about me in the USA ... Someone who can indicate us about this, it is the first time she files her taxes because she lived here in Colombia.

 

Thank you very much.

Check out this link and send it to your wife.  You can be treated as a US resident for tax purposes as well if you choose to, read/study more on the issues, how to file a W-7 for an ITIN number, etc.  Lots of good inf. on the IRS website.  I did this for my husband who was living in Brazil earlier this year when we filed our 2018 US tax return as married filing jointly.  Good luck!

 

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

Edited December 13, 2019 by carmel34

[Downloader 199]

20 hours ago, Going through said:

Seconding this.

 

The person "helping" her is going to result in more damage than good by giving her incorrect advice. 

Totally agree with this. That person recommendation is the same as saying you are single when your wife is not around. She is married and that’s it, doesn’t matter if you are not here yet. 

[MadamG 26]

She is to file head of household as you both weren’t living In the same home for at least six months at the time of filing. 

[geowrian 22,337]

26 minutes ago, MadamG said:

She is to file head of household as you both weren’t living In the same home for at least six months at the time of filing. 

There are other requirements for HOH...the big one is having a child residing in your household. The OP has not stated if this situation applies or not, so HOH is a possible option but not definitively the one to go with.

See a full list of criteria: https://ttlc.intuit.com/community/married/help/can-a-married-person-claim-head-of-household-filing-status/00/26366