Jump to content
immillpind

Filling Taxes?

 Share

21 posts in this topic

Recommended Posts

Filed: K-3 Visa Country: India
Timeline

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.

Link to comment
Share on other sites

Filed: K-3 Visa Country: Morocco
Timeline
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.

4377610_bodyshot_300x400.gif5130242_bodyshot_300x400.gif

Date of Wedding :2007-09-04

Date I-130 Sent :2008//02/12

Date I-130 NOA1 2008/02/13

Date I-130 NOA2 :2008-06-04

Date I-129F Sent :2008-03-20

I-129F RFE(s) :2008/05/20

I-129F RFE Reply(s) :2008/05/27,20

Date I-129F NOA2:2008-06-04

Date Package Received By NVC :2008-06-06?

Date Package Left From NVC :2008-06-11

Link to comment
Share on other sites

Filed: IR-1/CR-1 Visa Country: Morocco
Timeline

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

TIMELINE

04/04/2007 K1 Interview from H...w/the devil herself

06/12/2007 Rec'd Notification Case Now Back In Calif. only to expire

-------------

11/20/2007 Married in Morocco

02/23/2008 Mailed CR1 application today

03/08/2008 NOA1 Notice Recd (notice date 3/4/08)

08/26/2008 File transfered fr Vermont to Calif

10/14/2008 APPROVALLLLLLLLLLLL

10/20/2008 Recd hard copy NOA2

10/20/2008 NVC Recd case

11/21/2008 CASE COMPLETE

01/15/2009 INTERVIEW

01/16/2009 VISA IN HAND

01/31/2009 ARRIVED OKC

BE WHO YOU ARE AND SAY WHAT YOU FEEL, BECAUSE THOSE WHO MIND DONT MATTER AND THOSE WHO MATTER DONT MIND

YOU CANT CHANGE THE PAST BUT YOU CAN RUIN THE PRESENT BY WORRYING OVER THE FUTURE

TRIP.... OVER LOVE, AND YOU CAN GET UP

FALL.... IN LOVE, AND YOU FALL FOREVER

I DO HAVE THE RIGHT TO REMAIN SILENT, JUST NOT THE ABILITY

LIKE THE MEASLES, LOVE IS MOST DANGEROUS WHEN IT COMES LATER IN LIFE

LIFE IS NOT THE WAY ITS SUPPOSED TO BE, ITS THE WAY IT IS

I MAY NOT BE WHERE I WANT TO BE BUT IM SURE NOT WHERE I WAS

Link to comment
Share on other sites

Filed: AOS (apr) Country: Philippines
Timeline
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.

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.

YMMV

Link to comment
Share on other sites

Filed: K-3 Visa Country: India
Timeline
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.

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.

Link to comment
Share on other sites

Filed: K-3 Visa Country: India
Timeline
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.

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.

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

Link to comment
Share on other sites

Filed: K-3 Visa Country: Colombia
Timeline

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.

Edited by ColombianoGringo

Married: June 11, 2007 - San Andres Isla, Colombia

I-130

7/27/2007 - Sent I-130 Package to TSC*

7/30/2007 - Received by TSC

8/28/2007 - NOA-1 date - CSC

3/19/2008 - NOA2 date -CSC

I-130 held by USCIS for future AOS

I-129F

7/27/2007 - Sent I-129F Package to TSC*

7/30/2007 - Received by TSC

8/30/2007 - NOA-1 - Fee waived

3/19/2008 - NOA2

4/3/2008 - Received by NVC

4/10/2008 - Received by embassy

4/11/2008 - Faxed packet 3 forms to embassy

4/30/2008 - Appointment date assigned

6/19/2008 - Appointment at Bogota Embassy - APPROVED!!!

No touches except when I called CSC directly to inquire.

8/28/2008 - POE Houston

Still being lazy and waiting to do AOS.

*I-130 and I-129F sent together to TSC per USCIS instructions.

Link to comment
Share on other sites

Filed: AOS (apr) Country: Philippines
Timeline
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.

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

Edited by fwaguy

YMMV

Link to comment
Share on other sites

Filed: AOS (apr) Country: Philippines
Timeline
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.

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.

YMMV

Link to comment
Share on other sites

Filed: K-3 Visa Country: Colombia
Timeline

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.

Married: June 11, 2007 - San Andres Isla, Colombia

I-130

7/27/2007 - Sent I-130 Package to TSC*

7/30/2007 - Received by TSC

8/28/2007 - NOA-1 date - CSC

3/19/2008 - NOA2 date -CSC

I-130 held by USCIS for future AOS

I-129F

7/27/2007 - Sent I-129F Package to TSC*

7/30/2007 - Received by TSC

8/30/2007 - NOA-1 - Fee waived

3/19/2008 - NOA2

4/3/2008 - Received by NVC

4/10/2008 - Received by embassy

4/11/2008 - Faxed packet 3 forms to embassy

4/30/2008 - Appointment date assigned

6/19/2008 - Appointment at Bogota Embassy - APPROVED!!!

No touches except when I called CSC directly to inquire.

8/28/2008 - POE Houston

Still being lazy and waiting to do AOS.

*I-130 and I-129F sent together to TSC per USCIS instructions.

Link to comment
Share on other sites

Filed: IR-1/CR-1 Visa Country: India
Timeline

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. :wow:

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. :thumbs:

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

Link to comment
Share on other sites

Filed: K-3 Visa Country: India
Timeline
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. :wow:

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. :thumbs:

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

Hey,

Thanks for the info, very helpful!

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

Link to comment
Share on other sites

Filed: K-3 Visa Country: India
Timeline
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.

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

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!

Link to comment
Share on other sites

Filed: AOS (apr) Country: Philippines
Timeline
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.

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).

YMMV

Link to comment
Share on other sites

Filed: K-3 Visa Country: Colombia
Timeline

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?

Married: June 11, 2007 - San Andres Isla, Colombia

I-130

7/27/2007 - Sent I-130 Package to TSC*

7/30/2007 - Received by TSC

8/28/2007 - NOA-1 date - CSC

3/19/2008 - NOA2 date -CSC

I-130 held by USCIS for future AOS

I-129F

7/27/2007 - Sent I-129F Package to TSC*

7/30/2007 - Received by TSC

8/30/2007 - NOA-1 - Fee waived

3/19/2008 - NOA2

4/3/2008 - Received by NVC

4/10/2008 - Received by embassy

4/11/2008 - Faxed packet 3 forms to embassy

4/30/2008 - Appointment date assigned

6/19/2008 - Appointment at Bogota Embassy - APPROVED!!!

No touches except when I called CSC directly to inquire.

8/28/2008 - POE Houston

Still being lazy and waiting to do AOS.

*I-130 and I-129F sent together to TSC per USCIS instructions.

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...