I got married in november 2007 in india.My wife is not working there and she is in india.I filed for I-130 in 1/08.Waiting for NOA2 ..And preparing for next step.I also applied for k3 visa received noa1.

First of all How do I file taxes for 2007? married jointly or filing seperately or single?

If so what should I do? Do i need to produlce any documents knowing time is limited for filing taxes.

Do I need to produce 2007 taxes for affidavit of support if receive NOA2 before 4/15/08

What are my BEST OPTIONS WITHOUT ANY TROUBLE FROM USCIS......

Thanks

Please help me

If you go back in this form about a page or 2 you will find several ongoing threads regarding your situation. I am sure you will find the info you need.

file for ITIN with a notarized passport of your spouse.

there are several thread explaining this already

which form??how do i pull out similar threads?

go to the internal revenue site and look for form W7 it tells all about it there

Good, you're like my situation.

To make the max. benefit out of uncle sam, file married filing jointly. File your original 2007 tax return with W-7 (completed by your spouse) and a notarized copy of spouse's passport to Austin, Texas location. They will assign ITIN to your spouse and process the return. Please note that to get ITIN would take 4 to 10 weeks. For more info, visit IRS publication for ITIN.

For state tax filing, some states use this ITIN whereas others say to put NRA (Non-Resident Alien) on spouse's SSN column.

Good luck!

Do I need to send W7 form along with ....My tax returns filing as married jointly....or Do i need to wait for ITTN to file taxes?

Thanks..

If you read the instructions, the W-7 application gets attached to the filing

hi,

ITIN would take 4 to 10 weeks ot issue, its March already. I think U should file Single this year.Depends on how fast you get ITIN. I dont think you wil get it by April 14.

So bettler file Single

Jigi

why single, u sent in the tax its filed before april 15 they take it from there

I think it would be wise if you stopped offering tax advice....

You CANNOT file as single if you are married........prob the first paragraph of the instructions.

thinking they meant married but seperate (maybe) or maybe they did mean single ha hard to say

I was married in 2007 as well. This year, I filed as single for tax year 2007. On the advice of my accountant, I will file an amended return - as married - later in the year when my wife obtains her visa and moves to the US.

I also was married in Nov. 07, and am filing married/jointly with a typed statement (as per IRS guidelines) stating that my husband wishes to be considered a resident alien. I don't know anything about ITIN, but will search.

I am concerned about comments about 10weeks. If I need more information, I will file papers for an extension. Filing jointly refunds us a good deal of money.

You dont think they wont ask you if you forgot you were married to cause this amend i and others were told if you marry in 07, your married......

Too much confusion .........too many things options.....Can someone give wise advise what to do at this time ...APRIL 15 is nearing .........grrrrrrrrrrrrrrrrrrrr

my wife in india not working there...

hi,

If you think u can get ITIN before april 14 then apply joint. otherwise single.

Simple as that

Jigi

Don't file single if you're married. Single status is not legally available to a married person.

The IRS probably won't have any way to know about your marriage unless you tell them, so if you file as "single", you probably won't get caught by them. But you'll probably have to submit your tax returns to the USCIS some day as part of an affidavit of support, removal of conditions, or naturalization application. They will check your filing status. It would be interesting to try and convince the USCIS that you were in a valid marriage when they see that you signed a tax return under penalty of perjury claiming you were single.

No, if you were legally married by the last day of the tax year, either file "married filing jointly", or "married filing separately". There are some special circumstances where a legally married person might qualify as "head of household", but there are a whole bunch of criteria you must meet, including supporting a dependent other than your spouse. See IRS pub 501 for details.

Be aware that, this year, there's a tax rebate going out to virtually all taxpayers. However it's not available to taxpayers who filed with an ITIN (apparently Congress thinks that ITIN = illegal alien, and they don't want to send economic stimulus to illegal aliens). If a married couple filed a joint return using an ITIN, neither taxpayer gets the rebate. If the same couple had filed separately, only the taxpayer with an ITIN would forgo the rebate; the taxpayer with a SSN would get the rebate.

So, depending on your situation, it might be advantageous to file separately in order to claim the rebate, if the rebate amount is larger than what you'd save by filing jointly.

Go to the irs.gov site and read publication 501, 519, and the economic stimulus rebate info.

hi,
Lucy Rich... thanks for the info... Nice to learn new info from VJ members

Jigi

Wrong on two counts: You don't need to get the ITIN before you file. You submit the W-7 and enclose it in the same envelope with the tax return. You don't need to put the ITIN on the return, they'll process the W-7 and enter the ITIN for you.

Second, it would be perjury to sign a return claiming single status if you were legally married.

hi,

thanks again.. getting to learn new stuffff


Jigi

You get the form,and a copy of their passport, send it with your tax return before april 15th your done, i just sent mine off today. It has to be a send in not electronic. Look at the site for internal revenue and it explains all the options and who qualifies really its no problem to do, it says i believe if u marry in 07 you are considered married for the whole year etc. And with the passport be sure there is a picture included as one girls got delayed for this (i thought passports all had pictures) but who knows but her marrige certificate had a picture or drivers license they are several options u can send as proof, its really not that hard IF YOUR MARRIED YOU ARE NO LONGER SINGLE i can only tell you what i and and a few others did that follow their website im sure you will be fine

also on the website with the w7 form will be a list of agents, you can find one near your area and give them a call also, they are supposed to be able to explain and help but i will admit the two i called didnt know as much as my tax preparer

Did you get the copy passport certified by a US embassy abroad? That's the one part of this whole thing that makes it difficult as my wife doesn't live that close to the US embassy and I don't know if she can just walk in to get that done anyway.

Forgive me if this has been asked a million times, but I thought I read somewhere that you can file as married and file separately. Then where it asks for your spouse's SSN you can put Non Resident Alien and you don't have to bother with doing the W7 or ITIN?

he didnt go to a us embassy as that would have been to far for him also i believe the person translating it is a form of certification, then i sent our marriage certificate and a copy of his birth certificate also all these were translated

Yes, that's an option. And anyone with a nonresident alien spouse can do that.

Many couples will save significant taxes by filing a joint return, though.

This year, with the economic stimulus rebate being issued only on tax returns that have no ITIN appearing anywhere on the return, some folks may find that filing separately saves them money over a joint return, in addition to avoiding the W7/ITIN paperwork. But it depends very much on your individual tax situation.

By this I understand it will be more beneficial for us wait until I obtain SSN (hopefuly in May)and then file jointly for 2007. Beside I would like to continue my taxes history as a resident over nonresident.
We filled jointly with my ITIN in 2005, 2006.
How my husband can extended ability to pay taxes to pay after April 14 ?
Tkank you in advance for answers.

You simply file IRS form 4868. If you are due a refund it won't effect anything (the government will have your money longer). If you have to pay taxes you will have to pay estimated taxes, or they will charge you interest for delaying you filing. It will give you till Oct. 15 2008 to file.

I was gonna do the same thing, but i was little apprehensive about not having my 2007 tax return at the interview, which I think will be in April or May. Even though I already got my I-864 approved by NVC.

I'll try calling the embassy tomorrow and get a more concrete answer as you suggested. I'm pretty much on the same timeline as you calamitka and expect to hear "case complete" within the next 2 weeks.

Tkank you very much spg 21.
For us "government will have our money longer" .
I think you should be fine if NVC accepted already I-864, even if interwiew will be after April 15 your wife don't have to bring tax return for 2007 but always better to confirm this with embassy. If you submitted DS230 with doc, who knows your case might be completed already. We called to NVC just 2h ago
Good luck.

Why single? Why not Married filing separate and then amend later... that would be the much more prudent route... besides Married Filing Separate and Single tax rates are similiar....

I would add one more thing about this after doing more research. If you file married filing separately putting Non Resident Alien as a SSN then you can not claim your spouse as an exemption (field 6b on form 1040) you can only claim your self (field 6a on form 1040). If you want to use the spouse exemption even on a "married filing separately" form you will need to get her an ITIN number. It's a detail ofter missed and it will increase your taxes.