Marriage deduction? (Merged 2x)

[SteveInBostonI130 3,408]

For W7, your wife will need to send in her passport or an official copy from the issuing agency - a copy from the gov department that issues passport.

 

You waited until 3 business days before taxes are due to ask about this.  I do not see how you can file your taxes in time.  

 

The easiest method is to paper file your tax as MFS - put in your wife's name and enter "NRA" in her SSN field.

 

Later, when your wife gets her ITIN or SSN, you can amend your 2022 taxes.

[Crazy Cat 41,610]

18 hours ago, Afghanguy said:

I wont get it because she is not in USA.

That is irrelevant.  You need to talk to a COMPETENT tax preparer.   Your spouse needs either a SSN or an ITIN to file a joint return. It matters not whether she is in the US or not.

Edited April 13, 2023 by Crazy Cat

[Ellie_7 103]

Yes, and a competent tax preparer can, and will, file. I know a couple who were in the middle of the spousal visa process and their tax preparer, an H&R Block franchise owner, filed their MFJ tax return for them, and everything turned out fine. It didn't matter that the beneficiary spouse wasn't in the U.S. IIRC, the US citizen spouse wasn't in the US either at the time of the filing.

[Afghanguy 6]

2 minutes ago, Ellie_7 said:

Yes, and a competent tax preparer can, and will, file. I know a couple who were in the middle of the spousal visa process and their tax preparer, an H&R Block franchise owner, filed their MFJ tax return for them, and everything turned out fine. It didn't matter that the beneficiary spouse wasn't in the U.S. IIRC, the US citizen spouse wasn't in the US either at the time of the filing.

yes u can but i dont have a ITIN # for so for now will do married file separate and then next year amend it.

[Afghanguy 6]

On 4/12/2023 at 3:42 PM, TVQT1993 said:

 

HR block is wrong, you cannot file as single. Your wife is the one applying for an ITIN via Form W-7 so she either has to be present at the IRS local office, or do it by mail. The tricky part is that she needs a reason to have an ITIN, typically due to a tax return filing requirement. What I did was give Form 1040 and W-7 to my wife to sign, and brought them back with me, along with her passport, to file. ITIN's can take a long time during tax season, so you might want to file for an extension of time to file. That would give you until October 16, 2023 to file a 2022 Form 1040.

 

Here was our timeline:

 

1/23/2023: Mailed package to IRS ITIN processing center in Austin Texas via USPS certified mail. Package included Form 1040 married filing jointly (With my SSN as primary, and her SSN/ITIN field blank), a statement that we are making an election under IRC 6013(g) to treat my wife as a resident alien for the purpose of our U.S. tax return, Form W-7 applying for ITIN, and her foreign passport (to prove foreign status).

 

1/27/2023: Package received and signed for by IRS Austin.

 

3/8/2023: Received Notice CP565, dated 3/3, assigning my wife an ITIN.

 

3/13/2023: Received Notice 14433 Return of Documents and her passport back.

 

4/6/2023: IRS transcripts showed our Form 1040 was posted. Refund was approved and scheduled to go out on 4/13.

 

 

Salam.

 

I am preparing to file the W7 for my wife for next year taxes i will need to send my 2022 taxes along with her passport? i dont have her original copy of her passport or id but only have digital...do they require originals? if yes then its best to wait til i get to morocco next week and file it from there i suppose? i filed my 2022 taxes with HR BLOCK and she put Married Filing Separate with her name but said I cant get deduction because there is no ITIN #. Can I amend 2022 taxes to get the deduction for 2022 after I get ITIN # for her or does that only apply if she is USA only.

 

Finally on the actual W7 form on the top it gives you choices A-H , I select E (Spouse of U.S. citizen/resident alien ?

 

Thank you brother

On 4/12/2023 at 2:02 PM, JeanneAdil said:

What happens if I'm married but file single?

 

The quick answer to the question, can I file single if I am married, is no. You cannot file single if you are married. There are some exceptions to this rule, if you are a widow(er), if you are legally separated from your spouse, or if you are under a divorce.Oct 12, 2022

 

read the IRS site i gave u 

u are married not single 

u  can file without SS#  many VJ'ers have done it

 

I follow what IRS says not some person who doesn't deal with nonresident alien spouse

and u are already filing late so your return will not be fast -  do the W7 and enclose copy of marriage and her birth certificate and get the extra deduction

Salam Jeanine,

 

I am preparing to file the W7 for my wife for next year taxes i will need to send my 2022 taxes along with her passport? i dont have her original copy of her passport or id but only have digital...do they require originals? if yes then its best to wait til i get to morocco next week and file it from there i suppose? i filed my 2022 taxes with HR BLOCK and she put Married Filing Separate with her name but said I cant get deduction because there is no ITIN #. Can I amend 2022 taxes to get the deduction for 2022 after I get ITIN # for her or does that only apply if she is USA only.

 

Finally on the actual W7 form on the top it gives you choices A-H , I select E (Spouse of U.S. citizen/resident alien ?

 

Thank you very much...r u on watsap?

[JeanneAdil 6,414]

4 minutes ago, Afghanguy said:

Salam.

 

I am preparing to file the W7 for my wife for next year taxes i will need to send my 2022 taxes along with her passport? i dont have her original copy of her passport or id but only have digital...do they require originals? if yes then its best to wait til i get to morocco next week and file it from there i suppose? i filed my 2022 taxes with HR BLOCK and she put Married Filing Separate with her name but said I cant get deduction because there is no ITIN #. Can I amend 2022 taxes to get the deduction for 2022 after I get ITIN # for her or does that only apply if she is USA only.

 

Finally on the actual W7 form on the top it gives you choices A-H , I select E (Spouse of U.S. citizen/resident alien ?

 

Thank you brother

Salam Jeanine,

 

I am preparing to file the W7 for my wife for next year taxes i will need to send my 2022 taxes along with her passport? i dont have her original copy of her passport or id but only have digital...do they require originals? if yes then its best to wait til i get to morocco next week and file it from there i suppose? i filed my 2022 taxes with HR BLOCK and she put Married Filing Separate with her name but said I cant get deduction because there is no ITIN #. Can I amend 2022 taxes to get the deduction for 2022 after I get ITIN # for her or does that only apply if she is USA only.

 

Finally on the actual W7 form on the top it gives you choices A-H , I select E (Spouse of U.S. citizen/resident alien ?

 

Thank you very much...r u on watsap?

you can amend  2022 with 1040x   (within  3 years of filing date)

/ actually u could do this when she comes and has the SS#

if u do ITIN,  u need marriage certificate and 2 proofs of ID with photo like certified translation of national ID card and birth certificate or DL 

 

[Afghanguy 6]

6 minutes ago, JeanneAdil said:

you can amend  2022 with 1040x   (within  3 years of filing date)

/ actually u could do this when she comes and has the SS#

if u do ITIN,  u need marriage certificate and 2 proofs of ID with photo like certified translation of national ID card and birth certificate or DL 

 

I have our marriage certificate do i send the original or copy of it? proof of ID for her i have her ID digital version and I can ask her to send me a copy of her passport would that be OK?

[JeanneAdil 6,414]

5 minutes ago, Afghanguy said:

I have our marriage certificate do i send the original or copy of it? proof of ID for her i have her ID digital version and I can ask her to send me a copy of her passport would that be OK?

things need to be translated into English by certified translator /send both Arabic and certified English translation / passport iees stand alone document but still needs marriage certificate  

[Afghanguy 6]

4 minutes ago, JeanneAdil said:

things need to be translated into English by certified translator /send both Arabic and certified English translation / passport iees stand alone document but still needs marriage certificate  

I HAVE MAARRIAGE CERTIFICATE IN ENGLISH ALREADY!

 

what other ID of her do I need to send? do i need the real IDs hardcopy or photocopy is OK???

[JeanneAdil 6,414]

2 hours ago, Afghanguy said:

I HAVE MAARRIAGE CERTIFICATE IN ENGLISH ALREADY!

 

what other ID of her do I need to send? do i need the real IDs hardcopy or photocopy is OK???

not photocopy   a certified translation of the original 

[TVQT1993 20]

2 hours ago, Afghanguy said:

Salam.

 

I am preparing to file the W7 for my wife for next year taxes i will need to send my 2022 taxes along with her passport? i dont have her original copy of her passport or id but only have digital...do they require originals? if yes then its best to wait til i get to morocco next week and file it from there i suppose? i filed my 2022 taxes with HR BLOCK and she put Married Filing Separate with her name but said I cant get deduction because there is no ITIN #. Can I amend 2022 taxes to get the deduction for 2022 after I get ITIN # for her or does that only apply if she is USA only.

 

Finally on the actual W7 form on the top it gives you choices A-H , I select E (Spouse of U.S. citizen/resident alien ?

 

 

Yes she selects E, remember it is her that is applying for an ITIN, not you. She needs to sign the W-7. Follow the W-7 instructions, they go everything in detail.:

 

https://www.irs.gov/instructions/iw7

Quote

Supporting Documentation Requirements

Whether you are applying for a new ITIN or renewing an existing ITIN, you must provide documentation that meets the following requirements.

1. You must submit documentation to establish your identity and your connection to a foreign country (“foreign status”). Applicants claimed as dependents must also prove U.S. residency unless the applicant is from Canada or Mexico or the applicant is a dependent of U.S. military personnel stationed overseas.

2. You must submit original documents, or certified copies of these documents from the issuing agency, that support the information provided on Form W-7. A certified copy of a document is one that the original issuing agency provides and certifies as an exact copy of the original document and contains an official stamped seal from the agency. You may be able to request a certified copy of documents at an embassy or consulate. However, services may vary between countries, so it’s recommended that you contact the appropriate consulate or embassy for specific information.

3. There are 13 acceptable documents, as shown in the following table. At least one document must contain your photograph, unless you’re a dependent under age 14 (under age 18 if a student). You may later be required by the IRS to provide a certified translation of foreign-language documents.

   Supporting Documentation	Can be used to establish:
   	Foreign status	Identity
   Passport (the only stand-alone document*)	x	x
   U.S. Citizenship and Immigration Services (USCIS) photo identification	x	x
   Visa issued by the U.S. Department of State	x	x
   U.S. driver’s license		x
   U.S. military identification card		x
   Foreign driver’s license		x
   Foreign military identification card	x	x
   National identification card (must contain name, photograph, address, date of birth, and expiration date)	x	x
   U.S. state identification card		x
   Foreign voter’s registration card	x	x
   Civil birth certificate	x**	x
   Medical records (valid only for dependents under age 6)	x**	x
   School records (valid only for a dependent under age 18, if a student)	x**	x
   * Applicants claimed as dependents who need to prove U.S. residency must provide additional original documentation if the passport doesn’t have a date of entry into the United States. See Proof of U.S. residency for applicants who are dependents below.

 

A marriage certificate is not required or needed. If your spouse is abroad, you need to attach a statement, signed by you and your wife, that you are making an election under IRC § 6013(g) to treat your nonresident alien spouse as a resident alien for the purposes of your tax return. edit: I should also say that a marriage certificate is not sufficient. You need to attach the IRC § 6013(g) statement to your tax return.

 

Depending on your country, a translated passport may not be needed. But it needs to be an original or a certified copy. My wife's country issues passports with the English equivalent next to each Vietnamese field (name, date of issue, etc) so we did not need to translate it.

Edited April 29, 2023 by TVQT1993

[Afghanguy 6]

54 minutes ago, TVQT1993 said:

Yes she selects E, remember it is her that is applying for an ITIN, not you. She needs to sign the W-7. Follow the W-7 instructions, they go everything in detail.:

 

https://www.irs.gov/instructions/iw7

 

A marriage certificate is not required or needed. If your spouse is abroad, you need to attach a statement, signed by you and your wife, that you are making an election under IRC § 6013(g) to treat your nonresident alien spouse as a resident alien for the purposes of your tax return. edit: I should also say that a marriage certificate is not sufficient. You need to attach the IRC § 6013(g) statement to your tax return.

 

Depending on your country, a translated passport may not be needed. But it needs to be an original or a certified copy. My wife's country issues passports with the English equivalent next to each Vietnamese field (name, date of issue, etc) so we did not need to translate it.

ok brother...i will flying to morocco in few days...so what documents from my end should i take with me...my 2022 taxes...once i get there what documents should i submit with the W7 to mail out from morocco to texas...everyone is saying something different so i m little confused.

 

we have our marriage certiicate already in english...so i will need to make a photo copy of her ID, along with english translated version of her passport biometrics page yes?

 

i will just mail everything from morocco..

[TVQT1993 20]

15 minutes ago, Afghanguy said:

ok brother...i will flying to morocco in few days...so what documents from my end should i take with me...my 2022 taxes...once i get there what documents should i submit with the W7 to mail out from morocco to texas...everyone is saying something different so i m little confused.

 

we have our marriage certiicate already in english...so i will need to make a photo copy of her ID, along with english translated version of her passport biometrics page yes?

 

i will just mail everything from morocco..

This is why I implore everyone to read the original instructions. It clearly states that a passport is the only standalone document that satisfies identity and foreign status. Read through it carefully and do not merely rely on the opinions of others, including myself. I Googled Moroccan passport and saw a biometrics page that included French, and English fields. If that is the case for your spouse, a translation may not be needed.

 

Quote

If you submit an original valid passport or a certified copy from the issuing agency, you don’t need to submit any other documents from the table, unless the passport is for a dependent and it doesn’t include a date of entry into the United States.

 

This is what you need, a W-7 ITIN application, a reason for applying for an ITIN (i.e. tax return) and supporting doc (i.e. passport).

 

Quote

How To Apply

1. Your completed Form W-7.

2. Your original tax return(s) for which the ITIN is needed. Attach Form W-7 to the front of your tax return. If you’re applying for more than one ITIN for the same tax return (such as for a spouse or dependent(s)), attach all Forms W-7 to the same tax return. Leave the area of the SSN blank on the tax return for each person who is applying for an ITIN. After your Forms W-7 have been processed, the IRS will assign an ITIN to the return and process the return.

3. Original documents, or certified copies of these documents from the issuing agency, required to support the information provided on Form W-7. The required supporting documentation must be consistent with each applicant’s information provided on Form W-7. For example, the name, date of birth, and country(ies) of citizenship shown in the documentation must be the same as on Form W-7, lines 1a, 1b, 4, and 6a. See Supporting Documentation Requirements, earlier, for a list of the documents to be submitted with your application package.

 

[Afghanguy 6]

Has anyone here filed a W7 form for their suppose to get a ITIN # for tax deduction purposes.

 

I am currently in Morocco and have the form in front of me. my question is who signs this form my spouse or myself? it also ask for NAME ADDRESSS ETC do i put my spouse name in this section or myself?

 

also what documents should I take from her to send wit the application?

[Afghanguy 6]

On 4/29/2023 at 8:05 PM, JeanneAdil said:

not photocopy   a certified translation of the original 

hi jeanine

 

i am in morocco now. regarding the W7 form, we have it in front of us...i suppose my wife has to sign it and put her name etc on this form? or do i put my name , address but she only signs it?

 

can you kindly tell me what documents should i send with this? i know u told me before but i got confused from few other people who replied.

 

marriage certiicate i have one in english and one in arabic...i have her national ID, her passport is also here...let me know what documents to send with this form

On 4/29/2023 at 9:52 PM, TVQT1993 said:

This is why I implore everyone to read the original instructions. It clearly states that a passport is the only standalone document that satisfies identity and foreign status. Read through it carefully and do not merely rely on the opinions of others, including myself. I Googled Moroccan passport and saw a biometrics page that included French, and English fields. If that is the case for your spouse, a translation may not be needed.

 

 

This is what you need, a W-7 ITIN application, a reason for applying for an ITIN (i.e. tax return) and supporting doc (i.e. passport).

 

 

i am in morocco now. regarding the W7 form, we have it in front of us...i suppose my wife has to sign it and put her name etc on this form? or do i put my name , address but she only signs it?

 

can you kindly tell me what documents should i send with this? i know u told me before but i got confused from few other people who replied.

 

marriage certiicate i have one in english and one in arabic...i have her national ID, her passport is also here...let me know what documents to send with this form