Just wondering if anyone has experience with this:

Since i usually file my taxes online, I'm not sure how to file for my wife.

We were married on Dec 22 2007. She obviously does not have a SSN, and does not live in the US yet.

Does this mean I'll be filling joint or single? she does not work.

Please help if anyone knows. thanks.

I just talked to someone at the irs yesterday about this. She told me I would need to file for an extension, and need to apply for an itin number for my husband. It would be a good idea to call their 1 800 # and talk to someone, cuz the extension needs to be in by the 15th. The paper that you apply for the number for your spouse, the spouse has to sign. Thats why youll need the extension, the lady at the irs said i would be qualified for a 6 month extension. Good luck, I would call asap and talk to someone.

When the form is signed and completed(with required proofs of marriage etc) attach it to you tax form and you have to use the mail not electronic file., and apparently its going take while mine has been sent first part of march, the site says they will/should receive the number in 6 weeks and i had my return to be direct deposit so will see what happens soon i hope. I did the married/jointly

First of all you are married... this by rule shou;d preclude you from filing single (BTW, how will this look at your wife's interview when they review your affidavit of support and you filed as a single person).

Your options are Married separate, married filing joint (by special exception), or if you have a qualifying child at home Head of Household.

thanks for the response.

What is the extension?

I was told I have to file married but separately (spouse not filing) option by an accountant. Since she does not have a SSN# and has no income here in the US.

If I have to have it signed by her then it may be already too late, I hope not. i'm planning on filling online.

I'm sorry i didn't mean single like that. i meant married but filling separate. i don't think i can file HOH since i would have needed to provide 50% of her upkeep.

found some answers searching google here:

http://au.answers.yahoo.com/answers2/front...01000738AACpfit

I also have this problem. I would like to file an extension so I can wait and file jointly with my wife once she gets here, but I need the return for our upcoming interview so I will likely have to file Married separately which will result in a huge tax bill for me. I think I don't have much choice but to do this now and then file an amended joint return once she gets here. I suppose they will refund the overpayment at that point.

You can use a W-7 form to request an ITIN number for your spouse, but you will need a copy of her passport that is either apostilled or notarized by a US notary.

50% of who's upkeep? I wrote a qualyfying child not your wife, unless she is a child bride...

I still think you are going at this wrong... If I were you I would file an extension. I would give the consulate a copy of the return that you expect to file in August when the extention runs out. I absolutely would not file a MFS return if I had to pay additional tax only to get it back 4-5 mos. later. I would only do what you propose if by the time the extention expired, you were unable to file a MFJ return for some reason.

I am not thrilled about the idea of having the IRS hold on to thousands of dollars for several months, but I know I'll get it back. I would hate to have some consular officer deny our visa over something like this. The potential cost of having to return for another interview would be a bigger waste.

Hi Immilpind,

I am in the same situation as you. I was married on Dec 26, 2007 and have elected to file as married filing jointly after quite a bit of research into the matter. I hope you are aware that there is a significant monetary incentive to do this. In my case, I am getting a few grand extra from the Feds and the State.

In order to proceed, definitely file for an extension (both for Fed and State) because you WILL need an ITIN for your non-resident alien spouse. All forms are available online on your state govt's website for state extension and irs.gov for the federal extension. Also, download the w-7 form, fill it out and send it to your spouse, who needs to sign and return the form to you or have her/him send it directly to the address given on the form with supporting documents like a notarized copy of the passport.

If your spouse is employed in India, get their 2007 w-2 equivalent...they have something to this effect in India. You will need for the 1040.

Give yourself a couple of months to receive the ITIN, upon which you may file the taxes with the help of a tax consultant who has handled this situation before. there are tons you can find online who would be willing to help for a modest fee.

A few months later, enjoy the extra moolahs sent to you by the feds and the state.

Hey,

Thanks for the info, very helpful!

I'll look into it, hopefully I'm not too late. thanks again...

Yeah i realize that, but it's one, the other, or both. In my case no child, therefore i would have to provide 50% of my wifes upkeep in order to claim myself as HOH, that's what i was trying to say... sorry for the confusion. thanks!

Pardon my ignorance but how would the consulate officer ever know that the return was on extention and not yet filed (unless you told him/her).

I realize that they don't have any way to verify this, but would it not potentially come up again in the AOS process? Wouldn't that be a misrepresentation of a material fact?

What misrepresentation of material fact? Your income is not at issue... You file a new I-864 at AOS time which replaces the I-134 (which is meaningless anyway).

Does the consulate keep the copies of my tax returns? My concern would be that if they do and I later turn in a different return for the AOS, someone might notice the discrepancy and cause a problem. Maybe I'm just being paranoid.

Your filing status does not change how much you earned or the mechanics on how you report your income. What changes is the taxable income and your tax liability. They are concerned about your total income which will be the same under any scenario.

I've just filed my taxes this year and filed married filing jointly. The W-7 form is attached to my tax return. My accountant had been through this before as he had adopted a foreign baby and needed to file the W-7 to get an ITIN number.

You need to get a notarized copy of your spouse's passport. This can only be done by specific notaries. Usually the consulate/embassy has US notaries available that can provide this copy. Your spouse also has to fill out the W-7 and sign it. In Taiwan, they had the W-7 right there and had her fill it out and sign before she left with the copy of her passport.

You then attach it to the front of your tax return.

My accountant says the only problem that may arise is that the because the ITIN may take awhile, it's possible they will process your taxes and disallow any deductions, etc. relating to filing jointly, however, he says that is easily corrected once the ITIN comes through. We'll see what happens. I just mailed my returns about 2 weeks ago.

Bruce

That is precisely our problem. It actually has to be apostilled if done in most if not all foreign countries. This is not an option for us as it would require my wife to travel in order to get this done and it isn't worth the hassle and expense. I think I am just going to file married separate for now or request an extension and take my prepared return with me to the interview. Along with my W-2, pay stubs and employment letter, I don't think they'll blink.