filling taxes adding allien

[caarolinalr 0]

Hello! My husband (USC) wants to pay his 2019 taxes, but we have some doubts.
I am in the process of CR-1 and I live in Mexico, but I do not declare taxes (it works differently in Mexico than in the US, you do not need to declare if you earn less than a certain amount per year) and i've never been in the US.

1. Can he add me as a dependent? he sends me money every month. 
2. If I can't get an ITIN because I don't have tax returns and I've never entered the US (they ask me to have US stamps in my passport) is there any other way to add me without the ITIN? or does he have to fill his taxes as a single person?  
3. last year due to ignorance and because he had never lived in the US, (he was born there and emigrated to Mexico as a child) he filled taxes as a single person, this was wrong? our interview for the CR-1 visa will most likely be at the end of this year, weare afraid this may be a problem, I think he need to make a correction to the taxes sent from 2018 but I am not sure.

sorry for the bad english :( and thank you. 

[Crazy Cat 41,836]

1.  You are his spouse...not a dependent. 

2.  He cannot file as a single person.  He would file "Married-Filing Separately" if you do not have a SSN or ITIN.

3.  If he was married, he should not have filed as single.  He can amend his taxes.

Maybe he should find a competent tax professional.

[kris&me 572]

you will be able to get the ITIN as this is for a spouse outside the US

he needs to file the W7 form for the ITIN

[caarolinalr 0]

25 minutes ago, kris&me said:

you will be able to get the ITIN as this is for a spouse outside the US

he needs to file the W7 form for the ITIN

that was possible until last december 2019, but it does not matter because i don't declare taxes wich is a requirement for the ITIN. have you asked for ITIN?

[caarolinalr 0]

43 minutes ago, missileman said:

1.  You are his spouse...not a dependent. 

2.  He cannot file as a single person.  He would file "Married-Filing Separately" if you do not have a SSN or ITIN.

3.  If he was married, he should not have filed as single.  He can amend his taxes.

Maybe he should find a competent tax professional.

he told me he can not file "married filing separately" because that option requires an ITIN or SSN wich i can't have, and there's no way to put NRA in the spouse option anymore. Have you filled taxes "marriend filing separately" with an ITIN while inmigration process? 

[Crazy Cat 41,836]

3 minutes ago, caarolinalr said:

he told me he can not file "married filing separately" because that option requires an ITIN or SSN wich i can't have, and there's no way to put NRA in the spouse option anymore. Have you filled taxes "marriend filing separately" with an ITIN while inmigration process? 

He is incorrect...........He can file Married-Filing Separately without your SSN or ITIN.  He must hand-write "NRA" in the box for your SSN.  He must file by mail.  He cannot file it electronically......

 

I have filed "Married-Filing Separately in 2015 and 2016.  My wife did not have a SSN or ITIN then.

Edited March 2, 2020 by missileman

[Crazy Cat 41,836]

https://www.irs.gov/pub/irs-pdf/i1040gi.pdf    Page 13 

[caarolinalr 0]

33 minutes ago, missileman said:

https://www.irs.gov/pub/irs-pdf/i1040gi.pdf    Page 13 

https://ttlc.intuit.com/community/tax-credits-deductions/discussion/foreign-spouse-with-no-ssn/00/450672# 

"NRA is no longer an acceptable entry. To combat fraud, the IRS now requires either a Social Security Number (SSN) or an Individual Tax Identification Number (ITIN). An ITIN is issued by the IRS for someone who is not eligible for a Social Security Number."

 

well we don't know what's the right thing to do, since NRA is no longer an acceptable entry, i guess it's time to find an expert,

thank you so much for your help! 

[Crazy Cat 41,836]

The quote I gave you is directly from the IRS instructions for a 1040.....I suggest your husband find a tax professional......

[Crazy Cat 41,836]

The fact remains that your husband cannot legally files as "single"....

[carmel34 3,621]

15 hours ago, caarolinalr said:

because that option requires an ITIN or SSN wich i can't have

You can complete a W-7 and request an ITIN, do more research on how to do this from outside the US.  There are certifying tax agents around the world who can certify the W-7, then submit the tax return to the IRS.  The effort and expense are usually worth it if he files as married jointly with the W-7, as the tax due is usually much less than married separately.  I have experience doing this with my husband who lived in Brazil when we filed our 2018 taxes a year ago.  We were in London together for a trip and had the W-7 certified by a tax agent in the UK, they also submitted our 1040 tax return for us with the W-7.  Another option is you can send your husband your passport and he can mail it in with the W-7 himself.  Talk with your husband about this and work out a solution.  Good luck!

[TamMhmd 210]

17 hours ago, caarolinalr said:

he told me he can not file "married filing separately" because that option requires an ITIN or SSN wich i can't have, and there's no way to put NRA in the spouse option anymore. Have you filled taxes "marriend filing separately" with an ITIN while inmigration process? 

Hi,

 

I used Deloitte and they were able to file as "married filing separately" for my husband (Jordan citizen) who is in the CR1 process and does not have SSN. All they needed was his name and birth date.