I sopke to one CPA yesterday..He told me its better to file married filing seperately for 2007 since ...my wife is in india and on immigration process to get approved .That way it won't affect her immigration process.He also told me that she ahs to be here at least 1 month here in usa to file jointly with ITIN....

The only advantage i have filing jointly ...a stimulas package $ 600.

Whats my best option now? any thoughtS??My goal it should not affect her immigration process since i am legally married in november 2007.

You are not eligible for the stimulus refund per the IRS:

I think you should file separately. To get the rebate both people must have a Social Security Number. Visit http://www.irs.gov/newsroom/article/0,,id=179181,00.html , scroll down to the Tax Identification Number section.


Q. I have an ITIN, but my spouse has a valid Social Security number. Can we get a payment?

A. If you and your spouse file a joint return, you will not get a stimulus payment. If your spouse files a separate return, your spouse may qualify for a payment, based on his or her income deductions and credits.


Filing separately should not affect her immigration process. If you are concerned, just print that page out, highlight the part about the TIN/Rebate eligibility and attach it your tax transcript when you send it.

we filed jointly never was told that about immigration or problems of timelines, read up on the tax website from what i have heard thats not true but we wont get the extra stimulus

You can file jointly since you married before Dec. 31. I do not think that you have to live together to file jointly. Living together requires to get some credits or deductions. If you file jointly, it should not effect immigration process at all. You will not be able to qualify to get rebate since you will be using ITIN for your spouse rather than SSN. But your standard deduction will increase and you will get one more exemption by filing jointly.

You may also file separately now and amend your return to joint later.

When can I amend my return to joint ?? when she comes back to USA this year??

You should definitely file seperately and claim your wife as a an exemption. DO NOT file jointly or you get no money. I did my taxes online and it estimated my stimulous refund to be a little under $600.

Your best option is to get a new CPA.

You've already gotten the correct info here that, by filing a joint return where one spouse has an ITIN, you'd give up the economic stimulus, so you may be better of filing separately anyway. But your CPA is flat out wrong in saying that she's got to be here for at least one month to file jointly with an ITIN.

See IRS Publication 519, the tax guide for aliens, available on irs.gov

There's a paragraph there on treating a nonresident alien spouse as a resident. You may write and sign a letter and attach it to your return, declaring that you want to consider her as a US resident for the entire tax year. This allows you to file a joint return and benefit from the lower tax rates and higher exemptions. Whether the benefit is enough to offset the stimulus payment you'd forgo depends on the details of your own tax situation.

I could forgive a CPA for not knowing that, if the CPA had no experience doing tax returns for aliens. I'd have a harder time forgiving a CPA for not knowing where to look it up. And I would not forgive a CPA for stating the incorrect information as factual without even trying to look it up or verify it.


BTW, you won't harm the immigration process regardless of filing jointly or separately. What IS important is that you use one of the married statuses, and not file as "single". It's also important that, after she gets her green card, she must file every year and not declare herself to be a "nonresident" on her tax returns.

If you were married in 2007 you have to file as married, either jointly or seperately. You can file a joint return if you both sign a letter that you wish your wife to be treated as a resident alien for tax purposes for 2007. This will let you take the exemption for your wife and it will allow you to file exclusion of foreign income up to $85,000 that your wife earned....her income must be inclued in a joint return. If you need further advice, call the IRS and explain your question and they will transfer you to someone who is an expert in the specific area.

I filed married filing jointly to reduce my tax braket by 10%. It made a big difference for me. I attached W-7 form along with her certified copy of passport page in my tax filing. As for stimulus check of $1200, I'll claim it later when my wife gets her. For Affidavit of Support, I'll include this year's 1040 and W-2, as well as the past two years' tax transcripts, and I see no reason it would delay my case.

Stimulus Payment Schedule:

Find when your payment is due by using the last 2 numbers of your social security number.

If you filed your taxes using direct deposit:

00-20 May 02
21-75 May 09
76-99 May 16

If you filed your taxes through the mail:

00-09 May 16
10-18 May 23
26-38 June 06
39-51 June 13
52-63 June 20
64-75 June 27
76-87 July 04
88-99 July 11

everyone needs to look at the benefit of filing joint also for the additional dependant. It made a $2,000.00 difference in my 2006 return. I am not saying everyone will see that much difference but it will make a difference.

Yes, after she's here and has either an ITIN or SSN. You will already have received your stimulus payment.

Just a side note that filing 'head of household' is a viable alternative to filing as married, if you qualify. It is the status I used to file my 2007 return as I have a dependent child from a previous marriage and my spouse and I have lived apart during the last half of 2007.

But still filling jointly gets you a greater return than head of household.

you wont get the stimilus payment at all will you?

Actually, that is not always true. I netted a greater return filing head of household because I qualifed for EIC that way. I wouldn't have qualifed filing as married filing seperately or filing jointly. Also, I am eligible for the stimulus refund this way. One should always complete returns under all that statuses available to see which way is most beneficial.

My wife will arrive in US later this year. Once she receives her SS#, I can file an adjustment to claim the check. Most likely, I'll wait until next year's tax filing period to claim.

I've considered other options, but filing married jointly netted me the biggest refund by far since I overpaid tax as a single the entire 2007 year.

Found an article about tax rebate and foreign spouses:

----------------------------------------------------------------------
Rebate excludes many taxpayers with foreign spouses
By JULIANA BARBASSA
The Associated Press
Sunday, May 11, 2008

http://www.washingtonpost.com/wp-dyn/conte...8051101200.html

Sgr, my marriage was also in Nov 2007. I did married filing jointly with her ITIN. Filed in March 2008 and had 2007 year IRS tax transcript. So far my process has not affected.

Even I had contacted my CPA and as per him, if you are ready to declare world-wide income of both spouses, you can file joint return even if your spouse is not physically present in the U.S.

I think we should forget our spouse's $600 this year ITIN return is not eligible to receive tax rebate in 2008. We need to collect it next year