How to file tax return if spouse is nonresident?

[Nmaria 0]

Hi everyone!

My husband is a permanent resident in US and he is filing his tax return.

Should he file it as single, since I don't live with him yet?

If he file as married (joint or separated) they ask my social security number. Should I get an alternative number with W7 form? Or Its Ok just to attach an statement explaining the circumstances why I don't have an SSN?

In my interview day, does it matters if he appears as single in his tax return?

Just for the record: Last tax return he filed as single, my pd is 12/27/2010 an case is completed.

Thank you!

[Darnell 8,478]

for married filing jointly:

--paper return only

--add w-7 with proper id

--you two sign 1040

--you sign w-7

--write letter, telling IRS that the TWO of you elect for YOU to be treated as a resident alien for tax purposes, both of you sign that.

--all is mailed into special W-7 intake address in Austin Tx.

Good Luck !

Edited January 24, 2013 by Darnell

[Dave&Roza 748]

Hi everyone!

My husband is a permanent resident in US and he is filing his tax return.

Should he file it as single, since I don't live with him yet?

If he file as married (joint or separated) they ask my social security number. Should I get an alternative number with W7 form? Or Its Ok just to attach an statement explaining the circumstances why I don't have an SSN?

In my interview day, does it matters if he appears as single in his tax return?

Just for the record: Last tax return he filed as single, my pd is 12/27/2010 an case is completed.

Thank you!

You really should file as married as it tends to reduce the amount of taxes you pay and I am sure the USCIS will want to know why the tax return is filed as single when you are married. You should get an ITIN that you will use until you get your SSN. The USCIS is more strict on tax returns than the IRS and yo need to provide tax returns at several stages of the immigration process. The IRS will not care if you file as single when you are married as you will typically be paying more in taxes. I would look at the requirements to file a tax return when one spouse lives outside the US.

Good luck,

Dave

[newacct 688]

Should he file it as single, since I don't live with him yet?

No, if he is married, he must file as married filing jointly or married filing separately, not single.

If he file as married (joint or separated) they ask my social security number.

If you read the instructions for Married Filing Separately (http://www.irs.gov/instructions/i1040/ar01.html#d0e1931), it says "If your spouse does not have and is not required to have an SSN or ITIN, enter “NRA.” "

However, you should really elect to be treated as resident and then file jointly with him, as the other responses suggest.

[walidetmouna 6]

How u would be treated as resident since u are outside thr country and still under immigration process? Is thay even possoble?

[Darnell 8,478]

for tax purposes, absolutely !

must to include a letter about it, electing to be counted as such,

into the IRS

with

the W-7 packet.

[n4th4ly4 9]

for tax purposes, absolutely !

must to include a letter about it, electing to be counted as such,

into the IRS

with

the W-7 packet.

are u sure about this? coz I have the same problem with Nmaria.

for the past 2years, my husband file his tax return as single, as recommended by his tax accountant. they said my husband hv to file as a single bcoz im not resident yet.

i'm confused. please explain more clearly..

[Anil2013 5]

are u sure about this? coz I have the same problem with Nmaria.

for the past 2years, my husband file his tax return as single, as recommended by his tax accountant. they said my husband hv to file as a single bcoz im not resident yet.

i'm confused. please explain more clearly..

Filing single is wrong. Your husband has only two choices for filing taxes - a) Married But Filing Separately and b) Married And Filing Jointly. You can try both ways and see which choice benefits you the most. If your husband chooses "Married But Filing Separately", then the application is simple since he has excluded the spouse from his return. If your husband chooses, "Married And Filing Jointly", he will need to get either a Social Security Number for you or an ITIN (Individual Tax Identification Number). For tax purposes, it does not matter that you are not in the country or have no US income. He will have to file an application with the Social Security Administration (www.ssa.gov). If you are not eligible for an SSN, they will issue you a denial letter. He will then have to file an application with the IRS for an ITIN (the denial letter from the SSA will be needed as a supporting document). The ITIN application should be sent with the original tax return that he will file this year. The IRS will take care of filling in your ITIN in the original tax return while they process the application.

He can use the ITIN number they give him (usually takes up to 10 weeks during the peak times) to file amended tax returns for the years he filed as "SINGLE". There is no reason to panic. He has up to 3 years from the due date of each filed return to file an amendment, without any consequences.

For further details, call IRS at 800-829-1040. From personal experience, I received very good advice and a detailed process to file my taxes.

Good luck.

Anil

[Mohammada 2]

That was my question last year. We mistakenly filed as a single but after my laywer's recommendation we made a correction and changed that to married filing separately. And we didn't get an itin number cause it was accepted without that

Edited January 25, 2013 by Mohammada

[Mourad81 20]

Filing single is wrong. Your husband has only two choices for filing taxes - a) Married But Filing Separately and b) Married And Filing Jointly. You can try both ways and see which choice benefits you the most. If your husband chooses "Married But Filing Separately", then the application is simple since he has excluded the spouse from his return. If your husband chooses, "Married And Filing Jointly", he will need to get either a Social Security Number for you or an ITIN (Individual Tax Identification Number). For tax purposes, it does not matter that you are not in the country or have no US income. He will have to file an application with the Social Security Administration (www.ssa.gov). If you are not eligible for an SSN, they will issue you a denial letter. He will then have to file an application with the IRS for an ITIN (the denial letter from the SSA will be needed as a supporting document). The ITIN application should be sent with the original tax return that he will file this year. The IRS will take care of filling in your ITIN in the original tax return while they process the application.

He can use the ITIN number they give him (usually takes up to 10 weeks during the peak times) to file amended tax returns for the years he filed as "SINGLE". There is no reason to panic. He has up to 3 years from the due date of each filed return to file an amendment, without any consequences.

For further details, call IRS at 800-829-1040. From personal experience, I received very good advice and a detailed process to file my taxes.

Good luck.

Anil

Agree,i filed last year as married filing jointly and got an ITIN number for my wife .no need to panic.

[hj0716 1]

i filed my 2011 tax return as married filing separately and will do the same for my 2012 tax return. i entered NRA (non resident alien) on my wife SSN.

if you don't want the hassle of getting ITIN for your spouse to file as married filing jointly, i suggest to just file as married filing separately.

you just need to send the tax return through mail though. it will take a while to reach IRS but if you're not on a rush to get your refund (if there's any), it worth the wait for a simpler process..

[Boggy1974 124]

are u sure about this? coz I have the same problem with Nmaria.

for the past 2years, my husband file his tax return as single, as recommended by his tax accountant. they said my husband hv to file as a single bcoz im not resident yet.

i'm confused. please explain more clearly..

Please see these two links below:

http://www.irs.gov/Individuals/Individual-Taxpayer-Identification-Number-(ITIN)-Reminders-for-Tax-Professionals

http://www.irs.gov/pub/irs-pdf/fw7.pdf

He is correct and knows what he's talking about. Also, there's no need to panic as your husband can file an amended tax after he obtains ITIN for you. Your husband can file an amended tax going back three years.

For immigration purposes, filing a joint tax return strengthens your case as others have already said. It shows co-mingling of financial resources.

Edited January 25, 2013 by Boggy1974

[Darnell 8,478]

are u sure about this? coz I have the same problem with Nmaria.

I am very sure. I am also certain.

I cannot help with your confusion, sorry.

[n4th4ly4 9]

Thank u guys... I already tell my husband about this.

my husband file his tax return as Head of householder so he is consider unmarried. coz he has 1dependent.

my husband said, next year he will apply for 3years amended.

my next question is... is The status in Tax Return will affected immigration process or decision? since my case still not approved yet.

base on Nmaria story, eventough her husband file his tax return as 'Single' but their case already completed.

so, what do you think guys?

thanks for sharing.

Edited January 26, 2013 by n4th4ly4

[Darnell 8,478]

a tax return showing 'married filing jointly' status

is great 'bonafide marriage' evidence.

That's covered in the I-130 instructions, to be submitted with the I-130, but can also be submitted with the DS-230 at NVC (even though it's not asked for) and can also be submitted during the interview itself.

Of course, the petitioner's tax returns are to be given over with the I-864, but that's not to show 'bonafide marriage' evidence, at all.