Please help! How do I file taxes?

[Elena 0]

I got married last year but my husband is not in the U.S. yet. We are still in the visa process. I've read through some old threads here and I know about ITN number and the W-7 form. Here's my question: is it neccessary for my husband to get an ITN number if my status is "married filing separately"? I don't care about getting the best tax break. I don't want to deal with world income and include his income with mine. His income is so small, it's not worth it. I just want to file my taxes correctly with the least headache. Is anyone in a similar situation? Can you share your story so that I can determine what I should do? Thanks so much.

Elena

[duey 0]

I got married last year but my husband is not in the U.S. yet. We are still in the visa process. I've read through some old threads here and I know about ITN number and the W-7 form. Here's my question: is it neccessary for my husband to get an ITN number if my status is "married filing separately"? I don't care about getting the best tax break. I don't want to deal with world income and include his income with mine. His income is so small, it's not worth it. I just want to file my taxes correctly with the least headache. Is anyone in a similar situation? Can you share your story so that I can determine what I should do? Thanks so much.

Elena

Hi Elena,

The form W-7 is not required if you are filing married filing separate. It only applies if you wish to file as married filing jointly. In my case, I initially was going to file a joint return with my husband, however, the IRS wanted his original passport. Given that we are applying for the K-3, the K-3 is more of a priority for both of us (don't want to hear that his passport inadvertenly got lost ), hence, I've changed it to married filing separate. Hopefully this helps you out. The IRS is also available to answer spefic questions you may have at 800-829-1040.

[Elena 0]

I thought that was the case. Someone else posted the same thing on this forum and that's what I would rather do. But I called the IRS at that number and the lady I spoke to said I had to fill out form W-7 regardless of whether I file jointly or separately. She says that on the actual tax form, I would need to provide an ITN number in place of the SSN for the spouse. It's conflicting information. I don't know what to believe. Have you sent in your taxes yet? Did it go through ok?

Edited March 29, 2006 by Elena

[sadie33138 0]

I thought that was the case. Someone else posted the same thing on this forum and that's what I would rather do. But I called the IRS at that number and the lady I spoke to said I had to fill out form W-7 regardless of whether I file jointly or separately. She says that on the actual tax form, I would need to provide an ITN number in place of the SSN for the spouse. It's conflicting information. I don't know what to believe. Have you sent in your taxes yet? Did it go through ok?

You will find correct information here:

http://www.visajourney.com/forums/index.ph...253entry75253

Also, please read the instructions for submitting the W-7 form to IRS. You do not have to send in passports. They accept notarized copies and alternative means of identification as well, e.g. Foreign Drivers Licenses, Foreign Voter Cards, etc. We sent in a notarized copy (NZ notary) of my husband's passport to get his ITIN, took about 4 weeks if I remember correctly (from NZ).

HTH

Also, more info here:

http://www.visajourney.com/forums/index.ph...244entry59244

[zyggy 9]

I thought that was the case. Someone else posted the same thing on this forum and that's what I would rather do. But I called the IRS at that number and the lady I spoke to said I had to fill out form W-7 regardless of whether I file jointly or separately. She says that on the actual tax form, I would need to provide an ITN number in place of the SSN for the spouse. It's conflicting information. I don't know what to believe. Have you sent in your taxes yet? Did it go through ok?

You will find correct information here:

http://www.visajourney.com/forums/index.ph...253entry75253

Also, please read the instructions for submitting the W-7 form to IRS. You do not have to send in passports. They accept notarized copies and alternative means of identification as well, e.g. Foreign Drivers Licenses, Foreign Voter Cards, etc. We sent in a notarized copy (NZ notary) of my husband's passport to get his ITIN, took about 4 weeks if I remember correctly (from NZ).

HTH

Also, more info here:

http://www.visajourney.com/forums/index.ph...244entry59244

You absolutely need to file a W-7 as the 1040 asks for your spouses SSN if your filing seperately...

However, I think you'll find it far more beneficial if you file as married filing jointly as opt to treat your spouse as a resident alien for tax purposes. You must include his income on Line 7. However, by filling out Form 2555EZ, you can exclude that income out on Line 24 as a negative number. As long as the amount your spouse makes is less than 80k, you will benefit greatly from the more bebeficial married filing joint tax rates.

[Elena 0]

I spoke to another person from the IRS today who said that an ITIN is not needed if your status is "married, filing separately" AND you're not claiming your spouse as an exemption. If I don't claim him as an exemption (or for any tax purposes) he wouldn't even be eligible to apply for an ITIN. The IRS woman said all I have to do is attach a letter stating that my husband is a nonresidental alien and that I am not cliaming him as an exemption.

This may not be the best tax break option but I don't want to deal with all the headache of sending him the W-7 form to sign and return, having him get his passport notarized and sent to me. Mail delivery to his country is unreliable and all this has to be done in about two weeks.

HOWEVER...my concern is this. We have our interview coming up in May and I want to know if not claiming him as an exemption would hurt his chances of getting the visa approved. Does anyone know? Could it be interpreted as us not having a real marriage?

Edited March 31, 2006 by Elena

[sadie33138 0]

I spoke to another person from the IRS today who said that an ITIN is not needed if your status is "married, filing separately" AND you're not claiming your spouse as an exemption. If I don't claim him as an exemption (or for any tax purposes) he wouldn't even be eligible to apply for an ITIN. The IRS woman said all I have to do is attach a letter stating that my husband is a nonresidental alien and that I am not cliaming him as an exemption.

Interesting isn't it, how many different answers you can get. I filed my 2005 taxes as "married filing seperately" (I did NOT claim my husband) and I sent his W-7 with my 1040. Obviously IRS thought he was eligible for an ITIN as he got one in about 4 weeks.

[Married_my_love 0]

I don't want to start a new thread for the same subject so I hope you don't mind if I add on a Q here.

I have found two references on VJ that said you had to mail a copy of your marriage certificate WITH the W7, the passport copy.

Is this true? I cannot find anywhere in the instructions on IRS.gov saying you have to send in your marriage certificate.

I wouldn't normally care, but my husband has the certificate in canada and I want to mail this puppy off pronto without waiting for Canada Post to get the marriage cert.

Did you mail your marriage cert with your itin app?

[Elena 0]

I don't want to start a new thread for the same subject so I hope you don't mind if I add on a Q here.

I have found two references on VJ that said you had to mail a copy of your marriage certificate WITH the W7, the passport copy.

Is this true? I cannot find anywhere in the instructions on IRS.gov saying you have to send in your marriage certificate.

I wouldn't normally care, but my husband has the certificate in canada and I want to mail this puppy off pronto without waiting for Canada Post to get the marriage cert.

Did you mail your marriage cert with your itin app?

I haven't read anywhere in IRS documents that say a marriage certificate is needed. Read the directions for W-7 carefully. I don't think it even mentions anything about a marriage certificate.

[sadie33138 0]

I don't want to start a new thread for the same subject so I hope you don't mind if I add on a Q here.

I have found two references on VJ that said you had to mail a copy of your marriage certificate WITH the W7, the passport copy.

Is this true? I cannot find anywhere in the instructions on IRS.gov saying you have to send in your marriage certificate.

I wouldn't normally care, but my husband has the certificate in canada and I want to mail this puppy off pronto without waiting for Canada Post to get the marriage cert.

Did you mail your marriage cert with your itin app?

No, You do not have to mail your marriage certificate (or a copy of it) to IRS with the W-7 and your 1040 or whatever form you file. I mailed my 1040, the W-7 for my husband, a NZ notarized copy of his passport (ID page) and for good measure a copy of his birth certificate although according to the W-7 instructions if you send a notarized copy of the passport, that is all you need. Otherwise you need two pieces of ID like a foreign voter card and a foreign driver's license. Got his ITIN in apprx. 4 weeks. HTH