Tax Questions - Married in 2019 and stuck in the US because of the virus

[Russ and Mubbs 0]

I wasn't sure where to create this topic since we haven't submitted our application yet (not undergoing immigration as of yet) and I have more than one question. 

 

I am doing my husband's (US citizen) taxes online and I'm not sure what to put for marital status. If I put married filing separately it asks for social security number (which I don't have).

 

We were married in April 2019 and have been working on our IR1/CR1 application. We finally finished it but now with the virus going on we haven't submitted it and I'm not sure if that makes a difference for our marital status. I have read about ITIN but I am not sure if that is necessary since I am not filing taxes (I don't think? See below) 

 

I am a Canadian citizen who is unemployed (living off my savings after I was laid off a couple of years ago) and regularly visit my husband in the US. I usually stay with him for at most 2-3 months at a time and visit about 2-3 times a year. I am currently in the US and arrived at the end of February and had a return ticket to go back to Canada at the end of April but this got cancelled and I don't want to travel with the virus going around (especially since I would have to go to NY and Toronto airports). 

 

I read somewhere that if I travel to US a lot I might have to start paying taxes, but I am not sure if this is true or how long I'd have to be in the US for that to happen. I hope I'll be able to go home before my 6 months limit is up, but since I might be stuck in the US for a while I am worried about having to pay taxes or accidentally missing them since I didn't know I had to pay them. 

 

So my questions are:

1. What should I put on my husband's tax return for marital status?

2. Is it true that I might have to start paying taxes and file tax return if I stay in the US for too long (even if I stay under the 6 months at a time limit)? How long would I have to be in the US for that to happen?

3. What will happen to me if I am still stuck in the US because of the virus after 6 months limit is up? 

 

Thank you so much in advance.

[JeanneAdil 6,498]

you follow the IRS site filling out the W7 for ITIN (individual taxpayer ID number for the alien )  and fill it out as married (joint in my opinion  is better but that is only my opinion)   foreign income is excluded up to $105,900 by filling out the 2555 form

[Boiler 45,488]

1. He is married?

 

2. Yes, probably not under 6 months, a complicated subject.

 

3. I am not aware Canada is restricting entry by its own citizens, difficult to believe it would.

[Russ and Mubbs 0]

2 hours ago, Boiler said:

1. He is married?

 

2. Yes, probably not under 6 months, a complicated subject.

 

3. I am not aware Canada is restricting entry by its own citizens, difficult to believe it would.

1. Then what do I put under social security number if I don't have one?

2. So if my separate visits in a year add up to more than 6 months I have to file? 

3. Canada isn't restricting Canadian citizens but essential travel is not advised and I don't want to pick it up in the airports/airplanes and bring it home to my family who is of high risk. 

[Wuozopo 4,293]

14 minutes ago, Russ and Mubbs said:

So my questions are:

1. What should I put on my husband's tax return for marital status?

2. Is it true that I might have to start paying taxes and file tax return if I stay in the US for too long (even if I stay under the 6 months at a time limit)? How long would I have to be in the US for that to happen?

3. What will happen to me if I am still stuck in the US because of the virus after 6 months limit is up? 

1. Married filing separately. Leave your SSN blank, print return, write in NRA for your SSN, mail the return instead of efile.
2. You aren’t working in the US or anywhere else so you have no income to tax. No income- no filing.
3. Some people file for adjustment of status along with their I-130 (concurrent Filing). https://www.visajourney.com/guides/i130-spouse-inside-usa/

[Nitas_man 3,100]

Your status is “bonafide resident” of Canada no matter how many months you spent in the US.  You don’t work in the US and you are here as a non work authorized visitor.

 

You should:

Choose to be treated as resident for tax purposes

File married / jointly

Apply for an ITIN for yourself

Declare then exclude your Canadian income as “foreign earned” 

Base your exclusion on “bonafide resident” not “physical presence”
 

The difference in your family’s tax bill is usually significant between MFJ and MFS.  Run both on tax software and you will see.

Your travel issues are separate

 

Good luck!

 

4 minutes ago, Wuozopo said:

1. Married filing separately. Leave your SSN blank, print return, write in NRA for your SSN, mail the return instead of efile.
2. You aren’t working in the US or anywhere else so you have no income to tax. No income- no filing.
3. Some people file for adjustment of status along with their I-130 (concurrent Filing). https://www.visajourney.com/guides/i130-spouse-inside-usa/

Not advised

Edited March 31, 2020 by Nitas_man

[NikLR 13,227]

18 hours ago, Russ and Mubbs said:

I wasn't sure where to create this topic since we haven't submitted our application yet (not undergoing immigration as of yet) and I have more than one question. 

 

I am doing my husband's (US citizen) taxes online and I'm not sure what to put for marital status. If I put married filing separately it asks for social security number (which I don't have).

 

We were married in April 2019 and have been working on our IR1/CR1 application. We finally finished it but now with the virus going on we haven't submitted it and I'm not sure if that makes a difference for our marital status. I have read about ITIN but I am not sure if that is necessary since I am not filing taxes (I don't think? See below) 

 

I am a Canadian citizen who is unemployed (living off my savings after I was laid off a couple of years ago) and regularly visit my husband in the US. I usually stay with him for at most 2-3 months at a time and visit about 2-3 times a year. I am currently in the US and arrived at the end of February and had a return ticket to go back to Canada at the end of April but this got cancelled and I don't want to travel with the virus going around (especially since I would have to go to NY and Toronto airports). 

 

I read somewhere that if I travel to US a lot I might have to start paying taxes, but I am not sure if this is true or how long I'd have to be in the US for that to happen. I hope I'll be able to go home before my 6 months limit is up, but since I might be stuck in the US for a while I am worried about having to pay taxes or accidentally missing them since I didn't know I had to pay them. 

 

So my questions are:

1. What should I put on my husband's tax return for marital status?

2. Is it true that I might have to start paying taxes and file tax return if I stay in the US for too long (even if I stay under the 6 months at a time limit)? How long would I have to be in the US for that to happen?

3. What will happen to me if I am still stuck in the US because of the virus after 6 months limit is up? 

 

Thank you so much in advance.

1) Married.  I actually suggest you put MFS this year instead of doing an ITIN and MFJ.  You can write NRA in the SSN spot and paperfile.  There was a program long ago that allowed someone to do this, I forget which tho.  You'd have to count your worldwide income (so Canadian income) and apply for an ITIN which would eliminate him getting the advance stimulus check this year if you did MFJ.

2) Depends how long you stay in the 2019 not just at a time. 

3) You're not.  The border is open to return Canadian citizens and you self quarantine when you get home for 14 days.  You do not go get groceries, you do not go get gas, you don't get within 6ft of anyone for 14 days.  Have someone get you food etc and drop it off at your home either before or after you arrive. 

Edited April 1, 2020 by NikLR

[Wuozopo 4,293]

23 hours ago, Nitas_man said:

Not advised

 

Married filing jointly right now is not the easier route. Appearing in person to get a Canadian passport verified at an IRS Taxpayer Assistance Center can’t happen because they are closed due to COVID-19. That makes getting an ITIN difficult unless she wants to send her actual passport by mail to Austin, TX and wait for them to process the ITIN before returning it. Also filing with a spouse who has an ITIN eliminates the $1200 stimulus, which her spouse might need right now. 
 

They could wait until July to see if businesses have opened and file just before the July 15 deadline. 

Edited April 1, 2020 by Wuozopo

[Nitas_man 3,100]

I suspect the difference in tax bill exceeds the $1200 stimulus.

 

Sending originals is common, they return them.  Example birth certificates for passports.

 

Advised OP to run both sets of numbers.  End of the day, goal is to minimize overall tax bill.

Edited April 1, 2020 by Nitas_man