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Posted

As far as I know, you need to obtain an IRS number (not the same as an SSN) to your spouce. Then you file as separately married (instead of filing jointly married as you would likely do in the US). Your spouces income won't matter. This is what we did if I remember correctly. Be sure to check with someone else just in case :).

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Posted

We are in the same situation...Last year I filed for head of household rather than married since i do have dependents and my husband is in the Philippines. You claim head of household when majority of your salary (over 50%) goes to your basic household expenses, and also in your case, when your spouse is not in the country to support you, the family or each other.

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2007-02-22 **I-130 Sent to VSC

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USA

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Filed: AOS (apr) Country: Philippines
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Posted (edited)
We are in the same situation...Last year I filed for head of household rather than married since i do have dependents and my husband is in the Philippines. You claim head of household when majority of your salary (over 50%) goes to your basic household expenses, and also in your case, when your spouse is not in the country to support you, the family or each other.

Typically you claim head of household if you are single and have a qualifying dependant. Income or expenses typically are irrelevant and not a part of the equation (so to speak).

There is a special exception for a married person if the spouse is an alien and is not present in the USA. However, you still need to have a qualifying dependant.

Edited by fwaguy

YMMV

Posted
I am a single mom ( now married to a foreigner still in their country) How do I file my taxes as head of household when he has not social security number? How do I put him on my taxes for 2007 because he lives over there and doesnt have a social yet?

File a IRS W-7 with your returns and he'll get a ITIN number.

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Posted

This is added information that you can read on.

Head of Household

We are in the same situation...Last year I filed for head of household rather than married since i do have dependents and my husband is in the Philippines. You claim head of household when majority of your salary (over 50%) goes to your basic household expenses, and also in your case, when your spouse is not in the country to support you, the family or each other.

IR-1

Immigration Process

2007-02-22 **I-130 Sent to VSC

2007-07-02 **I-130 APPROVED at USCIS- CSC

2007-10-10 **CASE COMPLETED at NVC

2007-11-15 **INTERVIEW DATE. APPROVED at USEM!!!

USA

2007-12-02 **Arrival from MNL to JFK (NYC)

2007-12-10 **Visit to SSA

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted (edited)

You'll get a larger refund by filing jointly. you'll include his income on line 7 then exclude the first $80,000 of his foreign income using form 2555. My husband already had a SSN, so I'm not sure how long it takes to get an ITTN but you might want to apply for that soon.

Edited by thermophile

met summer 1999, summer 2000 hooked up-whoo hoo summer fling

summer fling failed to fizzle, married 2003

I-130 mailed 12/15/03

4/1/04 no word from NE contacted senators office, app found

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Gave up on ridiculously long US process-started Canadian

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LSS app returned because of missed signatures, lost in transit, resubmitted in June

9/28/05 landed, yippie

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Damn it back to the US process

3/something/2005 finally get NOA2, no idea why it took so long

4/15/07 get case approval from NVC

8/9/07 Montreal here we come

10/14/07 hubby activated his visa

Filed: AOS (apr) Country: Philippines
Timeline
Posted
You'll get a larger refund by filing jointly. you'll include his income on line 7 then exclude the first $80,000 of his foreign income using form 2555. My husband already had a SSN, so I'm not sure how long it takes to get an ITTN but you might want to apply for that soon.

You cannot just apply for a SSN. A person must be in the USA AND be work authorized at the time they apply.

YMMV

Filed: Other Country: China
Timeline
Posted
You'll get a larger refund by filing jointly. you'll include his income on line 7 then exclude the first $80,000 of his foreign income using form 2555. My husband already had a SSN, so I'm not sure how long it takes to get an ITTN but you might want to apply for that soon.

You cannot just apply for a SSN. A person must be in the USA AND be work authorized at the time they apply.

They also need to be here to apply for an ITIN. The ITIN is application accompanies the tax return. In our case, I filed as single and then sent the ITIN app in with an amended return. I've known of people applying for ITINs using passports mailed to them but my understanding from the IRS is that they need a US entry stamped in the passport to get an ITIN approved. ITIN and SSN are not the same thing. My wife has both.

Facts are cheap...knowing how to use them is precious...
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Filed: IR-1/CR-1 Visa Country: Canada
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Posted
You'll get a larger refund by filing jointly. you'll include his income on line 7 then exclude the first $80,000 of his foreign income using form 2555. My husband already had a SSN, so I'm not sure how long it takes to get an ITTN but you might want to apply for that soon.

You cannot just apply for a SSN. A person must be in the USA AND be work authorized at the time they apply.

I didn't say to just apply for an SSN. I said that my husband already had an SSN, therefore I don't know how long it takes to receive an ITTN after you apply for it.

please read before commenting

met summer 1999, summer 2000 hooked up-whoo hoo summer fling

summer fling failed to fizzle, married 2003

I-130 mailed 12/15/03

4/1/04 no word from NE contacted senators office, app found

NOA1 4/13/04

Gave up on ridiculously long US process-started Canadian

12/4/04 submitted app

LSS app returned because of missed signatures, lost in transit, resubmitted in June

9/28/05 landed, yippie

10/4/05 fly back to US to "finish up Master's" lose mind and switch to PhD

Damn it back to the US process

3/something/2005 finally get NOA2, no idea why it took so long

4/15/07 get case approval from NVC

8/9/07 Montreal here we come

10/14/07 hubby activated his visa

Filed: AOS (apr) Country: Philippines
Timeline
Posted (edited)
You'll get a larger refund by filing jointly. you'll include his income on line 7 then exclude the first $80,000 of his foreign income using form 2555. My husband already had a SSN, so I'm not sure how long it takes to get an ITTN but you might want to apply for that soon.

You cannot just apply for a SSN. A person must be in the USA AND be work authorized at the time they apply.

I didn't say to just apply for an SSN. I said that my husband already had an SSN, therefore I don't know how long it takes to receive an ITTN after you apply for it.

please read before commenting

NM

Edited by fwaguy

YMMV

Posted (edited)
You'll get a larger refund by filing jointly. you'll include his income on line 7 then exclude the first $80,000 of his foreign income using form 2555. My husband already had a SSN, so I'm not sure how long it takes to get an ITTN but you might want to apply for that soon.

You cannot just apply for a SSN. A person must be in the USA AND be work authorized at the time they apply.

They also need to be here to apply for an ITIN. The ITIN is application accompanies the tax return. In our case, I filed as single and then sent the ITIN app in with an amended return. I've known of people applying for ITINs using passports mailed to them but my understanding from the IRS is that they need a US entry stamped in the passport to get an ITIN approved. ITIN and SSN are not the same thing. My wife has both.

In our case that's not the way it went!

I filed the return Jointly and with the W7 IRS form while my wife was still in the Philippines . No problems with my wife getting the ITIN.

They wouldn't allow my daughters tho. Never did figure out why.

You can't file for a ITIN separate from the return.

Edited by beckypua

K1 denied, K3/K4, CR-1/CR-2, AOS, ROC, Adoption, US citizenship and dual citizenship

!! ALL PAU!

Filed: Other Country: China
Timeline
Posted
You'll get a larger refund by filing jointly. you'll include his income on line 7 then exclude the first $80,000 of his foreign income using form 2555. My husband already had a SSN, so I'm not sure how long it takes to get an ITTN but you might want to apply for that soon.

You cannot just apply for a SSN. A person must be in the USA AND be work authorized at the time they apply.

They also need to be here to apply for an ITIN. The ITIN is application accompanies the tax return. In our case, I filed as single and then sent the ITIN app in with an amended return. I've known of people applying for ITINs using passports mailed to them but my understanding from the IRS is that they need a US entry stamped in the passport to get an ITIN approved. ITIN and SSN are not the same thing. My wife has both.

In our case that's not the way it went!

I filed the return Jointly and with the W7 IRS form while my wife was still in the Philippines . No problems with my wife getting the ITIN.

They wouldn't allow my daughters tho. Never did figure out why.

You can't file for a ITIN separate from the return.

Yeah, I know of it being done both ways. I think it depends on which individual tax agent handles the return and application. When I called about why they didn't allow my daughter's exemption and issue an ITIN, they said it was because she wasn't in the US for half the tax year. When I said my wife wasn't either, they referred me to the p501 and said my wife shouldn't have been allowed either.

I think it's worth trying, if you're willing to mail a passport or have a way to get a notarized copy of one in your hands. I could have brought my wife and daughters' passports home with me, got them notarized and sent them back but I just didn't want to risk it. That's why I filed single and later amended. (I used the tax return to finance that second trip to China.)

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Filed: AOS (apr) Country: Philippines
Timeline
Posted
Yeah, I know of it being done both ways. I think it depends on which individual tax agent handles the return and application. When I called about why they didn't allow my daughter's exemption and issue an ITIN, they said it was because she wasn't in the US for half the tax year. When I said my wife wasn't either, they referred me to the p501 and said my wife shouldn't have been allowed either.

I think it's worth trying, if you're willing to mail a passport or have a way to get a notarized copy of one in your hands. I could have brought my wife and daughters' passports home with me, got them notarized and sent them back but I just didn't want to risk it. That's why I filed single and later amended. (I used the tax return to finance that second trip to China.)

My reading of the tax law would say that the spouse was allowable but the child was not... The child simply does not meet the definition and there is not a special exception available like there is for the spouse...

YMMV

 
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