How to obtain ITIN number via W7 form?

[CPBDDO 5]

Aladlhassan, I've never heard that the IRS no longer accepts NRA written on a form, nor is that in the W-7 instructions. You need to be more clear if you are making statements regarding tax instructions, not that they are authoritative anyway. NRA can only be used in a MFS return, spouse is not filing, and the spouse is not claimed as a dependent. SPN1025 is correct on everything he/she said including the e-file restriction.

This is all because you cannot file a tax return without an ITIN/SSN and a joint return means you are filing a return but a MFS (in this case) means only the USC spouse is filing a tax return.

[Aladlhassan 11]

nope. not even for MFS . just called and talked an IRS agent, NR diea fly anymore. an ITIN is required for filling married either sep or joint...per IRS

[gmsalpha 0]

I'm trying to file MFJ with my NRA wife. We live in China and are both self-employed.

I read on the IRS website that if we file MFJ, she is treated as a RA. But she told me about form 2555.

1. Can we file 1040 and 1040NR even though we are both self-employed?

2. It sounds like by filing 1040 and 2555 (foreign income exclusion), as long as our income is less than 92,900, we don't need to pay taxes.

It is a little confusing. Okay. It's a LOT confusing. But we want to file MFJ because my income alone in 2015 was less than $1k. Our hope is to not need an Affidavit of Support joint sponsor because we are not getting cooperation.

Being that her income is decent (around $28k), we definitely don't want to pay 25-30% in taxes.

Thanks!

[newacct 688]

I'm trying to file MFJ with my NRA wife. We live in China and are both self-employed.

I read on the IRS website that if we file MFJ, she is treated as a RA. But she told me about form 2555.

1. Can we file 1040 and 1040NR even though we are both self-employed?

2. It sounds like by filing 1040 and 2555 (foreign income exclusion), as long as our income is less than 92,900, we don't need to pay taxes.

It is a little confusing. Okay. It's a LOT confusing. But we want to file MFJ because my income alone in 2015 was less than $1k. Our hope is to not need an Affidavit of Support joint sponsor because we are not getting cooperation.

Being that her income is decent (around $28k), we definitely don't want to pay 25-30% in taxes.

Thanks!

But if your income is that low, there probably isn't any US tax no matter if you do MFS or MFJ anyway. So why not just go for the easier option and file MFS?

[gmsalpha 0]

Well, the reason is because my 2015 income won't meet the 125% poverty guidelines for AoS purposes. I am really struggling to find anyone willing to even consider being a joint sponsor. So we feel like we at least have better odds of meeting financial requirements if we file together and combine our income sources.

I'm aware that this might not work. But I'm not sure what else to do except possibly leave my wife for a period of time, go back to the states, and get a job that I can use to show my income is sufficient.

I hope that clears up my predicament. Thank you for the reply.