Tax probelms

[Alex&Jen 20]

I am in the process of trying to file my taxes. I have two options..1)File married joint or 2) Head of household. 

If I file married joint, then my husband has to try to get a certified copy of his passport or Driver's license. He was told today in the immigration office that they would not certify a copy of the passport. I do not feel comfortable having my husband send me his passport to then send to the IRS. We are in AP and just waiting for the Embassy to finish up AP and issue his visa. 

 

If I file Head of household then it is as if we are not married, which does not help our case for his visa. 

 

Has anyone had this issue, particularly for Honduras? 

 

Please help me with any advice or suggestions.

 

Thanks

[Thegirl 225]

This isn't really an issue. Having a non resident spouse is a problem for most people going through this process. My husband was advised to file single, which he did and it was no problem for the visa. He can amend later but you can also file married separate. 

Edited February 12, 2020 by Thegirl

[Lemonslice 4,838]

6 minutes ago, Thegirl said:

This isn't really an issue. Having a non resident spouse is a problem for most people going through this process. My husband was advised to file single, which he did and it was no problem for the visa. He can amend later but you can also file married separate. 

Filing single when you are married is NOT/never was correct. 

 

From the IRS: https://www.irs.gov/help/ita/what-is-my-filing-status

[Thegirl 225]

2 minutes ago, Lemonslice said:

Filing single when you are married is NOT/never was correct. 

 

From the IRS: https://www.irs.gov/help/ita/what-is-my-filing-status

Note that I advised to OP to file married separately. We did what we did based on advice from our tax professional at the time. It certainly will not be an issue from an immigration stand point which is what the OP was worried about in terms of filing head of household- ergo why I mentioned that we filed single. 

[Wuozopo 4,293]

1 hour ago, Alex&Jen said:

If I file Head of household then it is as if we are not married, which does not help our case for his visa

That is going to give you the best tax break. If you are in AP after a visa interview, then they are probably not wanting to look at any more proof of marriage from you or a new tax return. Usually that part is about security issues. It certainly is taking a long time to check him out. 

[Alex&Jen 20]

37 minutes ago, Wuozopo said:

That is going to give you the best tax break. If you are in AP after a visa interview, then they are probably not wanting to look at any more proof of marriage from you or a new tax return. Usually that part is about security issues. It certainly is taking a long time to check him out. 

Thank you for your response, especially about the part where they are not looking for more proof of marriage. Yes, it is taking them a long time. I know of a person who also had drug testing done for the same time my husband did and had his medical records in hand  and sent to the Embassy a week before my husband sent his and he received his visa within a week, and we are 60 days waiting. As I just told my husband...we are one day closer. As far as the filing taxes the only option I really have right now is Head of Household, simply because we can not obtain a certified copy of his passport for the IRS. 

Thanks again!

[Alex&Jen 20]

1 hour ago, Thegirl said:

This isn't really an issue. Having a non resident spouse is a problem for most people going through this process. My husband was advised to file single, which he did and it was no problem for the visa. He can amend later but you can also file married separate. 

Thank you!! I guess I am more worried about how it looks with the Embassy on our marriage being bonafide. Because we are in AP longer than expected, I am now worrying about any little thing I may have done wrong, which includes the Tax returns. I think filing Head of household is the best way to go right now since I can't get a certified copy of my husband's passport for the IRS. 

[Wuozopo 4,293]

13 minutes ago, Alex&Jen said:

Thank you for your response, especially about the part where they are not looking for more proof of marriage. Yes, it is taking them a long time. I know of a person who also had drug testing done for the same time my husband did and had his medical records in hand  and sent to the Embassy a week before my husband sent his and he received his visa within a week, and we are 60 days waiting. As I just told my husband...we are one day closer. As far as the filing taxes the only option I really have right now is Head of Household, simply because we can not obtain a certified copy of his passport for the IRS. 

Thanks again!

You could also hold off filing until April. He might be here and have a SSN before the due date of April 15. 
i don’t know if HOH is a better deal or filing joint. I have never compared those two side by side.

[bakphx1 789]

Mine sent his passport to me and I went to a tax preparer who is an ITIN acceptance agent.  They can copy the passport and marriage certificate and file the tax return with it and return the originals to you the same visit.  For an an ITIN, the request must come with the (paper) tax return.  You still would be FedExing the passport which  didn’t love doing, but it was best for me.  Actually, he had to sign it as well, so there’s a bit of FedExing involved which we know is pricey.  But, the extra tax credit was more than worth it.  

[Alex&Jen 20]

10 hours ago, Wuozopo said:

You could also hold off filing until April. He might be here and have a SSN before the due date of April 15. 
i don’t know if HOH is a better deal or filing joint. I have never compared those two side by side.

I actually had the same thought last night. I would hope he would be here before April. 

[Alex&Jen 20]

8 hours ago, bakphx1 said:

Mine sent his passport to me and I went to a tax preparer who is an ITIN acceptance agent.  They can copy the passport and marriage certificate and file the tax return with it and return the originals to you the same visit.  For an an ITIN, the request must come with the (paper) tax return.  You still would be FedExing the passport which  didn’t love doing, but it was best for me.  Actually, he had to sign it as well, so there’s a bit of FedExing involved which we know is pricey.  But, the extra tax credit was more than worth it.  

My tax preparer had told me it has to be a certified copy of his passport from the agency that issued the passport. It would be easier if I could just get a copy of his passport without having it to be certified. I would use the DHL services which is what I used to send documents for our marriage, however, it cost much money. I think I am going to hold of another month or so to see if he is here before April. I would hope he would be here soon. 

[carmel34 3,626]

10 minutes ago, Alex&Jen said:

I think I am going to hold of another month or so to see if he is here before April. I would hope he would be here soon.

If you do not owe any taxes, I would recommend filing for an automatic extension to October 15, form 4868.  That gives you plenty of time for his arrival (hopefully) in the US, receive the SSN a week or two after arrival, then file as married filing jointly.  Another option is try a big 4 accounting firm in Honduras like KPMG, they are certified acceptance agencies and can certify the W-7 for your husband, to get an ITIN now.  Good luck!

[Wuozopo 4,293]

28 minutes ago, Alex&Jen said:

My tax preparer had told me it has to be a certified copy of his passport from the agency that issued the passport. It would be easier if I could just get a copy of his passport without having it to be certified. I would use the DHL services which is what I used to send documents for our marriage, however, it cost much money. I think I am going to hold of another month or so to see if he is here before April. I would hope he would be here soon. 

It is a real hassle to do everything needed while he is in Honduras and he may be very close to getting the visa. An extension can be filed right near the filing deadline if needed. 
 

To file jointly prior to his arrival, you will need several things. 

• The certified passport copy
• His W7 ITIN application *sIgned by him
• The statement you write electing for him to be treated as a resident alien for 2019 tax purposes. *signed by both 
• The joint tax return *signed by both
• Then mail all that to Austin TX (location where all returns having ITIN applications go)

If he arrives here and gets his SSN, you can sign together and submit by mail to your normal filing location based on your address

• The statement you write electing for him to be treated as a resident alien for 2019 tax purposes
• The joint tax return

 

[bakphx1 789]

If he might be here in time, then don’t start it unless the refund will make it worth all the trouble.

[Alex&Jen 20]

2 hours ago, bakphx1 said:

If he might be here in time, then don’t start it unless the refund will make it worth all the trouble.

I can only hope and pray he is here soon, longer AP time than usual. I have decided and feel best about waiting for him to get here. 

2 hours ago, Wuozopo said:

It is a real hassle to do everything needed while he is in Honduras and he may be very close to getting the visa. An extension can be filed right near the filing deadline if needed. 
 

To file jointly prior to his arrival, you will need several things. 

• The certified passport copy
• His W7 ITIN application *sIgned by him
• The statement you write electing for him to be treated as a resident alien for 2019 tax purposes. *signed by both 
• The joint tax return *signed by both
• Then mail all that to Austin TX (location where all returns having ITIN applications go)

If he arrives here and gets his SSN, you can sign together and submit by mail to your normal filing location based on your address

• The statement you write electing for him to be treated as a resident alien for 2019 tax purposes
• The joint tax return

 

Thank you very much for the information!! I am definitely going to wait and if needed I will file an extension.