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cvdrpr23

Should I have filed taxes as married?

By cvdrpr23 in Tax & Finances During US Immigration

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JeanneAdil Grand Master

JeanneAdil   6,498

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Not sure where IRS disagrees with the nonresident  alien needing a ITIN

page 16 of IRS 1040 instructions say the following under Nonresident alien spouse

 

Nonresident Alien Spouse If your spouse is a nonresident alien, he or she must have either an SSN or an ITIN if: • You file a joint return, or • Your spouse is filing a separate return.

Edited by JeanneAdil
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Chancy
Chancy

Except that the tax preparer is wrong.  From the official IRS website -- https://www.irs.gov/publications/p501#en_US_2021_publink1000220696   "Filing status. Your filing status generally dep

Ctavarez90
Ctavarez90

No it doesn’t matter. My tax preparer advised me to file as single because of my husband not being here and not being able to submit my marriage certificate in my state even though we are married. I h

bondy88
bondy88

filing MFJ and MFS both need an iTIN. And to apply for an itin, you would need the U.S consulate to notarize your spouse's passport and then submit  it with a W7 form along with your tax return to the

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Crazy Cat Grand Master

Crazy Cat   41,844

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15 minutes ago, JeanneAdil said:

Not sure where IRS disagrees with the nonresident  alien needing a ITIN

page 16 of IRS 1040 instructions say the following under Nonresident alien spouse

 

Nonresident Alien Spouse If your spouse is a nonresident alien, he or she must have either an SSN or an ITIN if: • You file a joint return, or • Your spouse is filing a separate return.

This is true.  The text you quoted means the non-resident.  The person who files as MFS needs a SSN or ITIN.

Edited by Crazy Cat

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In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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JeanneAdil Grand Master

JeanneAdil   6,498

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17 minutes ago, Crazy Cat said:

This is true.  The text you quoted means the non-resident.  The person who files as MFS needs a SSN or ITIN.

and the USC who files as MFS has to provide copy of the W7 that the nonresident alien spouse filled out to do his taxes 

married filing separate means the other person does file taxes / the person is not just left out 

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Crazy Cat Grand Master

Crazy Cat   41,844

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35 minutes ago, JeanneAdil said:

and the USC who files as MFS has to provide copy of the W7 that the nonresident alien spouse filled out to do his taxes

That is not accurate.  The USC who files MFS needs only the spouse's name if the nonresident spouse has no SSN or ITIN.   Filing MFS does NOT mean the nonresident spouse is filing taxes.   I have filed MFS multiple times before my wife entered the US.  I only needed her name.  Of course, my wife did not file US taxes for those years. 

 

 

 

https://www.irs.gov/pub/irs-pdf/p501.pdf

Page 7 

image.png.d3e3078b716f8b731c9bd6398720c642.png

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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JeanneAdil Grand Master

JeanneAdil   6,498

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17 minutes ago, Crazy Cat said:

That is not accurate.  The USC who files MFS needs only the spouse's name if the nonresident spouse has no SSN or ITIN.   Filing MFS does NOT mean the nonresident spouse is filing taxes.   I have filed MFS multiple times before my wife entered the US.  I only needed her name.  Of course, my wife did not file US taxes for those years. 

 

Maybe I have misread you comments.

Just hard for me to understand why someone would not do MFJ and get the extra deduction (2x's the single amount) and using the 2555 to exclude foreign income if the countries have a tax treaty/  but that's my issue /it behoves me

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