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[Saif&mary 4]

https://www.hrblock.com/tax-center/filing/personal-tax-planning/filing-taxes-when-married-to-non-us-citizen/

[Mariouma 2]

11 minutes ago, Jorgedig said:

Incorrect.  Many, many here have been able to obtain an ITIN # for an overseas spouse and file MFJ.   I can't imagine you would qualify as HOH, unless you have children.

 

If you are married and yet filed "single," you will need to amend your return to reflect the truth.

My accountant said I was exempt and to hold off until 2021 and file MFJ In 2021 cause since I came back September 19th 2020 and I worked only a few months I made under 12,500 so I was exempt I could or could not file my choice so I decided to wait and file both in 2021 as MFJ. So I am aware that I have to file MFJ. Thanks for the advice but I would like to know how I obtain a ITIN number for my spouse when he hasn't even visited here.

[JeanneAdil 6,685]

1 hour ago, Mariouma said:

There is 3 ways of filing in US married filing single separately, jointly,or head of household not married i filed 1st one the only one I could cause I was told I need a TNI number which he doesn't have cause he hasn't even visited or been approved a visa here at all.

you are married in 2020 ,  and not single 

can't file as single/ not an option after marriage

you apply for the ITIN along with your tax returns for 2020 (like i did for my husband with our 2010 )

and then claim him 

read the IRS site i gave you ,   it tells you how to claim your husband 

 

amend 1040 with a 1040 x and it is not TNI #   it is ITIN

 

If, at the end of your tax year, you are married and one spouse is a U.S. citizen or resident alien and the other is a nonresident alien, you can choose to treat the nonresident as a U.S. resident. This includes situations in which one of you is a nonresident alien at the beginning of the tax year, but a resident alien at the end of the year, and the other is a nonresident alien at the end of the year.

[JeanneAdil 6,685]

58 minutes ago, Mariouma said:

I have 2 children but I filed as MFS married filing single but my accountant when I went to do taxes told me without a TIN number from my husband I cannot file jointly only MFS unless he has visited or has a visa to US thats how he obtains a TIN number 

then your accountant should have know how to file for the ITIN (not a TIN as he is not in US)

follow IRS guides / they rule

[Saif&mary 4]

2 hours ago, JeanneAdil said:

The USC should join the group and read the guides above to know the process as at this point all the work is done by her.

 

you were married in 2020 so she should have added your name to her IRS tax returns  this spring of 2021 to start to show commingling of finances (she will have to produce IRS transcripts for the NVC and interview stage 

this is more important than chats

she should provide things like the marriage certificate and boarding passes and joint rental of apartment in Tunisia for the petition ( no idea how you do this as an unmarried couple is not suppose to live together in your country but when she writes her cover letter and says you lived together,  USCIS will expect to see this.)

 

but again read the guides above for all the steps and required documents

 

and you should read your portal posts and embassy reviews (hit the word portal above 

 

since she lived there a year,  your issue may be her income and she needs to check the US poverty guidelines (125% ) to sponsor you

 

and thank you for starting a timeline,  please keep it filled in during this process

 

2 minutes ago, JeanneAdil said:

then your accountant should have know how to file for the ITIN (not a TIN as he is not in US)

follow IRS guides / they rule

thank you , we will call the irs and ask all the steps to aply for ITIN for filing for 2020 and 2021 together 

[JeanneAdil 6,685]

3 minutes ago, Saif&mary said:

 

thank you , we will call the irs and ask all the steps to aply for ITIN for filing for 2020 and 2021 together 

you can not file 2021 till 2022 

our embassies are so difficult when it comes to getting visa approved

this is why i filed for the ITIN to show we were commingling monies

just follow the IRS site as it tells you how to get the ITIN 

you need to fill out W7 form and send in copy of his ID (birth certificate or national ID and your marriage license )   documents in Arabic and English translations (both)

 

if your IRS returns show single,  its pretty hard to convince embassy you're married

 

you are almost 2 years from getting to the interview stage so  you have time to correct the 2020 tax return with the 1040x

[mushroomspore 3,044]

1 hour ago, Mariouma said:

My accountant said I was exempt and to hold off until 2021 and file MFJ In 2021 cause since I came back September 19th 2020 and I worked only a few months I made under 12,500 so I was exempt I could or could not file my choice so I decided to wait and file both in 2021 as MFJ. So I am aware that I have to file MFJ. Thanks for the advice but I would like to know how I obtain a ITIN number for my spouse when he hasn't even visited here.

If you are married, then you are not single and cannot file that way. A quick Google search shows that immigrants (whether they have been in the USA or not) can easily obtain an ITIN. The following link was the very first result when I Googled, "Get ITIN for someone who has never been in the USA": https://ttlc.intuit.com/community/taxes/discussion/can-i-still-get-itin-for-spouse-who-has-never-been-in-us-for-2018-filing-and-file-as-married-filing/00/621357#:~:text=Yes%2C you can apply for,file as married filing jointly.

 

And within that link is a link to the IRS' official website page about ITIN's: https://www.irs.gov/individuals/international-taxpayers/taxpayer-identification-numbers-tin

Edited June 8, 2021 by mushroomspore

[SalishSea 18,202]

1 minute ago, mushroomspore said:

If you are married, then you are not single and cannot file that way. A quick Google search shows that immigrants (whether they have been in the USA or not) can easily obtain an ITIN. The following link was the very first result when I Googled, "Get ITIN for someone who has never been in the USA": https://ttlc.intuit.com/community/taxes/discussion/can-i-still-get-itin-for-spouse-who-has-never-been-in-us-for-2018-filing-and-file-as-married-filing/00/621357#:~:text=Yes%2C you can apply for,file as married filing jointly.

 

And within that link is a link to the IRS' official website page about ITIN's: https://www.irs.gov/individuals/international-taxpayers/taxpayer-identification-numbers-tin

Sounds like OP need a new accountant.

[Ontarkie 14,539]

~~Hijack post removed. Please start your own thread for questions about your own case.~~

[Saif&mary 4]

19 minutes ago, mushroomspore said:

If you are married, then you are not single and cannot file that way. A quick Google search shows that immigrants (whether they have been in the USA or not) can easily obtain an ITIN. The following link was the very first result when I Googled, "Get ITIN for someone who has never been in the USA": https://ttlc.intuit.com/community/taxes/discussion/can-i-still-get-itin-for-spouse-who-has-never-been-in-us-for-2018-filing-and-file-as-married-filing/00/621357#:~:text=Yes%2C you can apply for,file as married filing jointly.

 

And within that link is a link to the IRS' official website page about ITIN's: https://www.irs.gov/individuals/international-taxpayers/taxpayer-identification-numbers-tin

yes correct , 2018 and 2019 she filed SINGLE cause we still not married yet , and 2020 she dosent reach the minimum income lvl cause she was in tunisia ( we have joint account )

i will aply for ITIN and she will file jointly .

Edited June 8, 2021 by Saif&mary

[Saif&mary 4]

1 hour ago, JeanneAdil said:

you can not file 2021 till 2022 

our embassies are so difficult when it comes to getting visa approved

this is why i filed for the ITIN to show we were commingling monies

just follow the IRS site as it tells you how to get the ITIN 

you need to fill out W7 form and send in copy of his ID (birth certificate or national ID and your marriage license )   documents in Arabic and English translations (both)

 

if your IRS returns show single,  its pretty hard to convince embassy you're married

 

you are almost 2 years from getting to the interview stage so  you have time to correct the 2020 tax return with the 1040x

i have legal marriage certificat , full  wedding photos with family and friend , photos of vacation together , western union money transfer between us , and big chatlog and call history , i have affidavit letter  from my family and her family , her brother will co sponsor us .

why i will aply  for itin if she will not file for 2020

 

[Mariouma 2]

26 minutes ago, Jorgedig said:

Sounds like OP need a new accountant.

I didn't file single I am claiming MFS on w4 and I will file my 2020 and 2021 tax returns as MFJ as per my accountant suggestion for my spouse 

[Mariouma 2]

4 minutes ago, Saif&mary said:

i have legal marriage certificat , full  wedding photos with family and friend , photos of vacation together , western union money transfer between us , and big chatlog and call history , i have affidavit letter  from my family and her family , her brother will co sponsor us .

why i will aply  for itin if she will not file for 2020

 

yes I can file 2021 what do u mean this is the year I am applying for his CR1 2021 and I can file all the way back to 2019 in tax returns 3 yrs I will file my 2020 and 2021 together and my co sponsor makes 140k a year and is my brother his brother in law and has filed his taxes for last 30 + yrs

[mushroomspore 3,044]

57 minutes ago, Saif&mary said:

yes correct , 2018 and 2019 she filed SINGLE cause we still not married yet , and 2020 she dosent reach the minimum income lvl cause she was in tunisia ( we have joint account )

i will aply for ITIN and she will file jointly .

Yeah, sorry you got bad info from the accountant. There are threads every so often by people asking if they can get an ITIN even if they have never been to the US, have never worked in the US or had permission to work in the US, etc etc. The answer is YES. And it's not just you CAN get an ITIN, but you SHOULD and you MUST get an ITIN until you get an SSN. Best of luck! This is honestly a pretty minor thing, but it's still important, so good on you for looking into it instead of just letting it go.

 

[Mariouma 2]

15 minutes ago, mushroomspore said:

Yeah, sorry you got bad info from the accountant. There are threads every so often by people asking if they can get an ITIN even if they have never been to the US, have never worked in the US or had permission to work in the US, etc etc. The answer is YES. And it's not just you CAN get an ITIN, but you SHOULD and you MUST get an ITIN until you get an SSN. Best of luck! This is honestly a pretty minor thing, but it's still important, so good on you for looking into it instead of just letting it go.

 

Thanks for the answer and helping me and my spouse appreciate it, that's why we are here we are new to this and we are getting alot of different answers very confusing and frustrating.