Filing 2008 Taxes for CR1

[Paul's Mrs. 0]

Hello Everyone,

I am trying to file my taxes for 2008. I am having a hard time because I was married in May 2008. We have been living apart until our visa was just approved January 13th. The problem is that my husband does not have a SSN yet. You cannot file a married return without listing your spouses social security number. Do I file single since he didn't live or work here in 2008? Does anybody know. I have been on the phone with the IRS for the past hour and they can't seem to figure it out. HELP!!!!

Edited February 2, 2009 by Paul's Mrs.

[qa80 0]

Hello Everyone,

I am trying to file my taxes for 2008. I am having a hard time because I was married in May 2008. We have been living apart until our visa was just approved January 13th. The problem is that my husband does not have a SSN yet. You cannot file a married return without listing your spouses social security number. Do I file single since he didn't live or work here in 2008? Does anybody know. I have been on the phone with the IRS for the past hour and they can't seem to figure it out. HELP!!!!

I think it would be better to file "Married Filling Seperite" so you file it. He will not file for last year as he din't have SSN and not lived in USA.

[SomeoneElse 0]

Hello Everyone,

I am trying to file my taxes for 2008. I am having a hard time because I was married in May 2008. We have been living apart until our visa was just approved January 13th. The problem is that my husband does not have a SSN yet. You cannot file a married return without listing your spouses social security number. Do I file single since he didn't live or work here in 2008? Does anybody know. I have been on the phone with the IRS for the past hour and they can't seem to figure it out. HELP!!!!

Apply for a Tax Payer ID # for your husband. You can use that in place of a SSN for taxes until he recieves his SSN. Or if you have applied for a SSN, it might be just as easy to wait for that.

Edited February 2, 2009 by Maddy_and_Rick

[imaisha 0]

Or if you would benefit from a greater exemption, you can file married filing jointly and apply for an ITN at the same time. You'll have to file a paper return and any refunds or credits might take longer because of that, but it might be worth it if you'd get money back. You'd have to include your spouse's international income too though... It gets more complicated but in some cases you could end up with a lot more money back.

[elkfarmer 4]

I can not believe the IRS. Just depends on who you talk to. IRS told me to file as married. Spouse will not get SSN until in America. You can file and fill out a W-7, Application for ITIN, Individual taxpayer I D number. There are Instructions on how to fill it out, on the web, and ID requirements. Basically if your SO has passport, they need to get a photocopy and an apostille in home country and bring to USA or send to you. That is the only stand alone document you can use. Then you have to attach all that to your tax return and send it in. (Not electronically). Once the IRS assigns the ITIN, they will put that on the return themselves and process it. Another way is to get US notary stamp, but that is usually $40 a pop per document. That is not the same as a general notary at any bank or car dealership, by the way.

[I Miss Her 0]

Hello Everyone,

I am trying to file my taxes for 2008. I am having a hard time because I was married in May 2008. We have been living apart until our visa was just approved January 13th. The problem is that my husband does not have a SSN yet. You cannot file a married return without listing your spouses social security number. Do I file single since he didn't live or work here in 2008? Does anybody know. I have been on the phone with the IRS for the past hour and they can't seem to figure it out. HELP!!!!

Since he was neither living or working and have not SSN here in 2008, you can file 2008 tax return as single because you need your spouse SSN to file jointly (as married) or married filling separately.

[imaisha 0]

You cannot file as single. If you were married on December 31st then you must file as married. Besides, it would look fishy when removing conditions (or filing an affidavit of support) if you showed a tax return claiming you are single.

Edited February 3, 2009 by imaisha

[Pat the man 0]

I am actually in the same situation, i recommend getting an apostille of a copied passport or a certified copy of your spouses passport attached to a w-7 request for itn, and depending on how long your spouse lived in the country you might need a letter attached stating your spouse does intend to be considered a us resident for tax purposes which in turn makes all his or her worldwide income taxable

[eng_ashraf12 0]

I can not believe the IRS. Just depends on who you talk to. IRS told me to file as married. Spouse will not get SSN until in America. You can file and fill out a W-7, Application for ITIN, Individual taxpayer I D number. There are Instructions on how to fill it out, on the web, and ID requirements. Basically if your SO has passport, they need to get a photocopy and an apostille in home country and bring to USA or send to you. That is the only stand alone document you can use. Then you have to attach all that to your tax return and send it in. (Not electronically). Once the IRS assigns the ITIN, they will put that on the return themselves and process it. Another way is to get US notary stamp, but that is usually $40 a pop per document. That is not the same as a general notary at any bank or car dealership, by the way.

Hi elkfarmer, thanks for these important info, I was wondering about the same issue too.

Where can I get US notary stamp? can I get it from the post office?

Thanks alot.

[txladykat 1]

I can not believe the IRS. Just depends on who you talk to. IRS told me to file as married. Spouse will not get SSN until in America. You can file and fill out a W-7, Application for ITIN, Individual taxpayer I D number. There are Instructions on how to fill it out, on the web, and ID requirements. Basically if your SO has passport, they need to get a photocopy and an apostille in home country and bring to USA or send to you. That is the only stand alone document you can use. Then you have to attach all that to your tax return and send it in. (Not electronically). Once the IRS assigns the ITIN, they will put that on the return themselves and process it. Another way is to get US notary stamp, but that is usually $40 a pop per document. That is not the same as a general notary at any bank or car dealership, by the way.

Hi elkfarmer, thanks for these important info, I was wondering about the same issue too.

Where can I get US notary stamp? can I get it from the post office?

Thanks alot.

documents can be notarized at the American embassy. Who ever said file single is COMPLETELY WRONG!! There are different tax brackets for single and married (whether filing together or jointly) so you MUST file married. If you want to include them on your tax return then just complete the W-7 and attach it to your tax return and mail it in (note that you mail it to the address noted in the W-7 instructions, which is different from where you would mail a stand alone tax return). If you don't want to go through the trouble of filing the W-7 to get an ITN, then just choose "married, filing seperately". If your spouse did not work, its to your benefit to include them on your return as it greatly reduces the amount of taxes you would have been required to pay.

[geezer 1]

Hello Everyone,

I am trying to file my taxes for 2008. I am having a hard time because I was married in May 2008. We have been living apart until our visa was just approved January 13th. The problem is that my husband does not have a SSN yet. You cannot file a married return without listing your spouses social security number. Do I file single since he didn't live or work here in 2008? Does anybody know. I have been on the phone with the IRS for the past hour and they can't seem to figure it out. HELP!!!!

The best thing to do is have him FedEx you his passport and s signed W-7 and a signed 1040 that he can download from the IRS site.

When you get his passport and the signed w-7 you sign it also.

Then complete the 1040 he signed as married filing jointly and where it says SSN write in "Applied For" and also sign it.

Then take the 1040 with all W-2's and tax schedules , W-7 and his passport to your local IRS service center. They will stamp it, make copies of what they need, amd send it all to Austin for issuance of the ITIN, You can then use the stamped copy of the 1040 they give you for your I-864 or whatever. There is no need to wait for them to actually issue the ITIN as long as you have copy of the stamped return.

[eng_ashraf12 0]

Hello Everyone,

I am trying to file my taxes for 2008. I am having a hard time because I was married in May 2008. We have been living apart until our visa was just approved January 13th. The problem is that my husband does not have a SSN yet. You cannot file a married return without listing your spouses social security number. Do I file single since he didn't live or work here in 2008? Does anybody know. I have been on the phone with the IRS for the past hour and they can't seem to figure it out. HELP!!!!

The best thing to do is have him FedEx you his passport and s signed W-7 and a signed 1040 that he can download from the IRS site.

When you get his passport and the signed w-7 you sign it also.

Then complete the 1040 he signed as married filing jointly and where it says SSN write in "Applied For" and also sign it.

Then take the 1040 with all W-2's and tax schedules , W-7 and his passport to your local IRS service center. They will stamp it, make copies of what they need, amd send it all to Austin for issuance of the ITIN, You can then use the stamped copy of the 1040 they give you for your I-864 or whatever. There is no need to wait for them to actually issue the ITIN as long as you have copy of the stamped return.

geezer, thank you for the reply, I have a question, If my wife Fedex her passport to me and i brought it to thr IRS office, will they ask where is she and why she didnt appear in person?

please let me know.

thanks.

[geezer 1]

It wont be a problem, take a copy of your marriage certificate if you like but because you are filing for her because she is foreign spouse they wont expect her to be there.

The IRS really only cares that you file they don't question immigration status or anything else.

Edited February 3, 2009 by geezer

[eng_ashraf12 0]

It wont be a problem, take a copy of your marriage certificate if you like but because you are filing for her because she is foreign spouse they wont expect her to be there.

The IRS really only cares that you file they don't question immigration status or anything else.

It wont be a problem, take a copy of your marriage certificate if you like but because you are filing for her because she is foreign spouse they wont expect her to be there.

The IRS really only cares that you file they don't question immigration status or anything else.

geezer, thaks a lot, I'll try that, hope it will work. thanks again

[MMW 2]

Hello Everyone,

I am trying to file my taxes for 2008. I am having a hard time because I was married in May 2008. We have been living apart until our visa was just approved January 13th. The problem is that my husband does not have a SSN yet. You cannot file a married return without listing your spouses social security number. Do I file single since he didn't live or work here in 2008? Does anybody know. I have been on the phone with the IRS for the past hour and they can't seem to figure it out. HELP!!!!

What you need to do is to have your husband get a certified copy of his birth certificate and also your marriage certificate. Then he will need also a certified copy of his passport bio page.Then you would send that info plus a completed W-7 form from the IRS website along with your tax return to the IRS and even if you file married separately it still will be processed for him. But you don't want to file single because you are married. as far as his income from abroad if he already payed taxes in his home country he can get a letter from his IRS or equivalent office to include also to avoid him being taxed twice. the IRS here will give credit if foreign taxes have already been payed on his income. Include any documentation to that effect you can get. A call to the IRS by you would be best method for these questions always best from the horses mouth. Good luck on your VJ.