How to file taxes with spouse and pending CR-1 Visa

[Millikkl 15]

Hello,

 

My spouse and I are just beginning the process for him to move the US. We are filing his petition on the next week. We were married December 2019 in Colombia. I was wondering how I will file my taxes for 2019. From what I understand, I would file Married, filing separately. He has never entered the US and doesn't have a SSN or ITIN. However, after reading some other discussions on here, is it possible for me to get him an ITIN? And would this be beneficial for tax purposes? 

[Crazy Cat 41,845]

39 minutes ago, Millikkl said:

Hello,

 

My spouse and I are just beginning the process for him to move the US. We are filing his petition on the next week. We were married December 2019 in Colombia. I was wondering how I will file my taxes for 2019. From what I understand, I would file Married, filing separately. He has never entered the US and doesn't have a SSN or ITIN. However, after reading some other discussions on here, is it possible for me to get him an ITIN? And would this be beneficial for tax purposes? 

You will file either Married filing separately, Married Filing Jointly (IF he has an ITIN or SSN), or Filing as Head of Household (under certain conditions).   You cannot file as single.   Yes, getting him an ITIN would probably benefit you....unless he has foreign income.

[geowrian 22,337]

35 minutes ago, missileman said:

Yes, getting him an ITIN would probably benefit you....unless he has foreign income.

If he does have foreign income, it may or may not be excluded (in whole or in part) via the FEIE depending on a couple factors.

[Crazy Cat 41,845]

Just now, geowrian said:

If he does have foreign income, it may or may not be excluded (in whole or in part) via the FEIE depending on a couple factors.

Yea......always a lot of variables the first year....LOL.

[Just Paul 4,595]

It depends on what works best for you.  You can always pay your taxes but get an extension for the filing until he gets a SSN.   You can also file and then amend.

[Crazy Cat 41,845]

5 minutes ago, Paul & Mary said:

It depends on what works best for you.  You can always pay your taxes but get an extension for the filing until he gets a SSN.   You can also file and then amend.

Except she can't legally file as single.

Edited January 3, 2020 by missileman

[Millikkl 15]

On 1/3/2020 at 12:23 PM, Paul & Mary said:

It depends on what works best for you.  You can always pay your taxes but get an extension for the filing until he gets a SSN.   You can also file and then amend.

My plan was to do married but filing separate the first year to avoid a headache since we just filed his visa application. But if the benefit is major to do an ITIN and I could get it in time to file taxes, I would consider it. His income is mostly paid in cash due to the nature of his work and where he lives so it would be difficult to collect all his income information. 

[Mr and Mrs S 207]

On 1/3/2020 at 12:23 PM, Paul & Mary said:

It depends on what works best for you.  You can always pay your taxes but get an extension for the filing until he gets a SSN.   You can also file and then amend.

 

Wouldn't she need to file the 2019 tax returns for the Affidavit of Support?

[Mr and Mrs S 207]

On 1/6/2020 at 3:38 PM, Millikkl said:

My plan was to do married but filing separate the first year to avoid a headache since we just filed his visa application. But if the benefit is major to do an ITIN and I could get it in time to file taxes, I would consider it. His income is mostly paid in cash due to the nature of his work and where he lives so it would be difficult to collect all his income information. 

 

The upside to filing jointly is a higher return especially if your spouse does not have a very high income. 

 

You husband would need to schedule an appointment with the embassy in Bogota to get a Notarized copy of his Passport's biographical page.  

 

There are other documents which can be used for the W7 but a copy of the passport seems the simplest (https://www.irs.gov/instructions/iw7)

 

https://co.usembassy.gov/u-s-citizen-services/notaries-public/

 

"

Several classes of non-resident aliens are required to obtain an Individual Taxpayer Identification Number (ITIN) in order to file U.S. taxes. To obtain an ITIN, you must submit a notarized true copy of the biographical page of your valid passport along with your W-7 to the IRS.

To obtain a notarized true copy of the biographical page of your valid passport for IRS purposes, you will need to:

• Make a notary appointment at the U.S. Embassy in Bogota or U.S. Consular Agency in Barranquilla
• Present your valid passport on the day of your appointment
• Notary fee

To download the W-7 form online, click here (PDF 92KB)

Important notice: The IRS is implementing significant changes made to the ITIN program under the PATH Act of 2015.  The new law means that any ITIN not used on a federal tax return at least once in the last three years will no longer be valid as of January 1, 2017 for use on a tax return unless the taxpayer renews the ITIN.  In addition, all ITINs issued prior to 2013 will begin to expire this year and taxpayers will need to renew them.

To learn if you may need to renew your ITIN, click here.

"

Edited January 8, 2020 by SaeedA

[Millikkl 15]

20 hours ago, SaeedA said:

 

The upside to filing jointly is a higher return especially if your spouse does not have a very high income. 

 

You husband would need to schedule an appointment with the embassy in Bogota to get a Notarized copy of his Passport's biographical page.  

 

There are other documents which can be used for the W7 but a copy of the passport seems the simplest (https://www.irs.gov/instructions/iw7)

 

https://co.usembassy.gov/u-s-citizen-services/notaries-public/

 

"

Several classes of non-resident aliens are required to obtain an Individual Taxpayer Identification Number (ITIN) in order to file U.S. taxes. To obtain an ITIN, you must submit a notarized true copy of the biographical page of your valid passport along with your W-7 to the IRS.

To obtain a notarized true copy of the biographical page of your valid passport for IRS purposes, you will need to:

• Make a notary appointment at the U.S. Embassy in Bogota or U.S. Consular Agency in Barranquilla
• Present your valid passport on the day of your appointment
• Notary fee

To download the W-7 form online, click here (PDF 92KB)

Important notice: The IRS is implementing significant changes made to the ITIN program under the PATH Act of 2015.  The new law means that any ITIN not used on a federal tax return at least once in the last three years will no longer be valid as of January 1, 2017 for use on a tax return unless the taxpayer renews the ITIN.  In addition, all ITINs issued prior to 2013 will begin to expire this year and taxpayers will need to renew them.

To learn if you may need to renew your ITIN, click here.

"

Saeed,

 

Thank you for the info.

 

From my understanding you have to report your spouse's world-wide income if going the ITIN route. While he does do some contracted work through the government, a lot of his income is cash-based as he is a musician. My concern would be the difficulty in actually reporting his income. His income is much less than mine and would (I believe) be entitled to an exclusion of earnings; but I do not know how we would accurately report his income.

 

What does it look like to actually report an income for a foreign spouse? Mind you, he has no US income.

 

Thanks

Krista

[Mr and Mrs S 207]

4 hours ago, Millikkl said:

Saeed,

 

Thank you for the info.

 

From my understanding you have to report your spouse's world-wide income if going the ITIN route. While he does do some contracted work through the government, a lot of his income is cash-based as he is a musician. My concern would be the difficulty in actually reporting his income. His income is much less than mine and would (I believe) be entitled to an exclusion of earnings; but I do not know how we would accurately report his income.

 

What does it look like to actually report an income for a foreign spouse? Mind you, he has no US income.

 

Thanks

Krista

 

I haven't filed taxes since I got married so I don't know much about the process either. 

 

[Millikkl 15]

On 1/3/2020 at 12:23 PM, Paul & Mary said:

It depends on what works best for you.  You can always pay your taxes but get an extension for the filing until he gets a SSN.   You can also file and then amend.

I called/emailed the US Embassy in Bogota to find out some more information on the process for the ITIN. From what I understand, I need to have him fill out the W-7 form and we need to obtain an official copy of his passport from the embassy/consulate. What I am unsure about is what kind of appointment to choose. When I asked the Embassy, they kept sending me back to the website that doesn't really make it clear. The options are shown in the attachment on this post. Any ideas?

 

[Just Paul 4,595]

Notorial services.

[Wuozopo 4,293]

On 1/8/2020 at 3:14 PM, Millikkl said:

Saeed,

 

Thank you for the info.

 

From my understanding you have to report your spouse's world-wide income if going the ITIN route. While he does do some contracted work through the government, a lot of his income is cash-based as he is a musician. My concern would be the difficulty in actually reporting his income. His income is much less than mine and would (I believe) be entitled to an exclusion of earnings; but I do not know how we would accurately report his income.

 

What does it look like to actually report an income for a foreign spouse? Mind you, he has no US income.

 

Thanks

Krista

There is no written documentation required for his income. It is self reported by simply stating what he earned. He needs to make the best determination he can of what he earned in 2019 by looking at his bank account or whatever. Then you convert it to US dollars. 

[Crazy Cat 41,845]

3 minutes ago, Wuozopo said:

There is no written documentation required for his income. It is self reported by simply stating what he earned. He needs to make the best determination he can of what he earned in 2019 by looking at his bank account or whatever. Then you convert it to US dollars. 

That is exactly what we do.......my wife pulls the data from her foreign accounts and investments...which I add to a spreadsheet we send to our tax pro.  We then use the IRS average exchange rate as prescribed to convert the totals to USD.