Do I include my husband in my taxes?

[Honey&Bunny 12]

Hi guys, I am sorry for the crazy question. I am trying to file my 2014 taxes, and I am confused. Am I supposed to file married? My husband is not here, so I don't know if it counts or not. If anyone has done their taxes while their spouse still waiting for the immigration process to be over, please let me know. I have no money, and I am trying to do things on my own. I use the short form. Thank you guys.

[Ryan H 3,790]

Moved from IR-1/CR-1 Process & Procedures to Tax & Finances During US Immigration forum.

Edited March 23, 2015 by Ryan H

[loscharros 20]

HI I WAS TOLD NOT TO BY MY LAWYER BECAUSE THAT WOULD BE LYING TO IRS IF THEY ARE NOT HERE IN THE STATES IF THEY ARE HERE THEN THEY CAN USE THE ITIN NUMBER

SO TO STAY ON THE SAFE SIDE I DIDNT INCLUDE HER OR MY 2 CHILDREN DID MY TAXES AS MARRIED AND WILL HAVE TO AMMEND ONCE THEY ARE HERE. THATS HOW MY LAWYER PROCEEDED. YES!!!! FILE AS MARRIED!!!!

MUCHA SUERTE!!!

Edited March 23, 2015 by loscharros

[Ryan H 3,790]

HI I WAS TOLD NOT TO BY MY LAWYER BECAUSE THAT WOULD BE LYING TO IRS IF THEY ARE NOT HERE IN THE STATES IF THEY ARE HERE THEN THEY CAN USE THE ITIN NUMBER

SO TO STAY ON THE SAFE SIDE I DIDNT INCLUDE HER OR MY 2 CHILDREN DID MY TAXES AS MARRIED AND WILL HAVE TO AMMEND ONCE THEY ARE HERE. THATS HOW MY LAWYER PROCEEDED. YES!!!! FILE AS MARRIED!!!!

MUCHA SUERTE!!!

Your lawyer is wrong.

OP,

You must file as married, these are your options:

• Married filing separately, write "N R A" in the section for your spouses SSN (NRA stands for non-resident alien).
• Obtain an ITIN number and file jointly.

[dwheels76 5,459]

HI I WAS TOLD NOT TO BY MY LAWYER BECAUSE THAT WOULD BE LYING TO IRS IF THEY ARE NOT HERE IN THE STATES IF THEY ARE HERE THEN THEY CAN USE THE ITIN NUMBER

SO TO STAY ON THE SAFE SIDE I DIDNT INCLUDE HER OR MY 2 CHILDREN DID MY TAXES AS MARRIED AND WILL HAVE TO AMMEND ONCE THEY ARE HERE. THATS HOW MY LAWYER PROCEEDED. YES!!!! FILE AS MARRIED!!!!

MUCHA SUERTE!!!

Sorry but your lawyer doesn't know what they are talking about. But many accountants are ill informed also.

Honey&Bunny you are married you can not file single That is a BIG mistake that may do. You can either file MFS(married filing separate) where no SS or ITIN is required but you can;t electronic file you must mail in and NRA (Non-Resident Alien) is written in place of the SS# when you send in.

One thing with filing MFS its like filing as a single and the tax liability is about the same. But good news is once he is here you get to amend your taxes for all the years apart as MFJ once he gets SS# and many get a nice payday.

Millions of us file this way. For those who went the ITIN route you can file MFJ (Married filing Jointly. If you have dependents you get to do head of household. But no you should not be filing single.

[Shauneg 762]

HI I WAS TOLD NOT TO BY MY LAWYER BECAUSE THAT WOULD BE LYING TO IRS IF THEY ARE NOT HERE IN THE STATES IF THEY ARE HERE THEN THEY CAN USE THE ITIN NUMBER

SO TO STAY ON THE SAFE SIDE I DIDNT INCLUDE HER OR MY 2 CHILDREN DID MY TAXES AS MARRIED AND WILL HAVE TO AMMEND ONCE THEY ARE HERE. THATS HOW MY LAWYER PROCEEDED. YES!!!! FILE AS MARRIED!!!!

MUCHA SUERTE!!!

Get a new lawyer. Hope they aren't helping with your immigration. Unless you just did a really bad job explaining what your lawyer said.

Edited March 23, 2015 by Shauneg

[loscharros 20]

SHE IS HOPE SHE IS RIGHT????

[Gorkhali 213]

I agree with other senior members here. We too were stuck with the same question

we thought to get ITIN for me but tht seemed too much paper work. So went MFS with NRA

don't file single ... U r married and filing single is a lie

[Gorkhali 213]

Loscharros : my friend ur lawyer is wrong ... If u filed single there is a way to amend it. I saw a thread about that in forum few days back. Check that and fix ur tax form

lastly fire ur lawyer in hole

[Honey&Bunny 12]

Thank you guys so much! The last thing that I need is to have another bump on the road as I am trying to bring him here.

[Honey&Bunny 12]

Sorry but your lawyer doesn't know what they are talking about. But many accountants are ill informed also.

Honey&Bunny you are married you can not file single That is a BIG mistake that may do. You can either file MFS(married filing separate) where no SS or ITIN is required but you can;t electronic file you must mail in and NRA (Non-Resident Alien) is written in place of the SS# when you send in.

One thing with filing MFS its like filing as a single and the tax liability is about the same. But good news is once he is here you get to amend your taxes for all the years apart as MFJ once he gets SS# and many get a nice payday.

Millions of us file this way. For those who went the ITIN route you can file MFJ (Married filing Jointly. If you have dependents you get to do head of household. But no you should not be filing single.

THANK YOU SO MUCH FOR THIS GREAT INFORMATIONS!

[Amhara 460]

One other thought. If you think your honey bunny will be here before October 2015, you can get an extension to file (which is not an extension to pay), then get his ITIN/SSN and file jointly before the October 15, 2015 filing due date. If he qualifies for his SSN, then you don't get an ITIN. It will save you from having to jump through the hoops.

If you are due a refund, are already married, and you and your spouse intend to file jointly, that means that you already paid your tax liability and can even file your return after the October due date if he will be here after October.

Getting an ITIN is not too difficult, but there are extra steps that may be cumbersome - but then again, you managed to file a spousal visa - so it won't be more difficult that that!!!

[Elle&Kev 120]

I just mailed my return off today by certified mail filing Married Filing Separate. I used Tax Act for free and because it allows you to designate your spouse as a Non Resident Alien. Once my husband is here I will amend the return to claim the filing status Of Married Filing Jointly and claim the larger refund.

My original plan was to file for an extension. I decided that I'd rather have a simpler Affadavit of Support package to not raise any concerns, not that it would have, many do with no problems. I just wanted the simple and carefree submission of paperwork so I'm keeping it simple.

Edited March 24, 2015 by Elle&Kev

[Elle&Kev 120]

Also, you won't be able to use the short form (1040EZ) for the status of Married filing Separate.

[Ryan H 3,790]

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