Lawyer advised to file Single, even though Married

[Dakine 26]

I just spoke to my attorney about the filing status I should for my 2008. He told me to file as single since my wife is in Pakistan, and in order to file married I would need her SS#. So, I guess it's ok to file as single for those people whose husband/wife is abroad. Can anyone share their opinion? Thanks.

Smart attorney. That's the easy option I used. Then, we filed an amended return after she had a tax ID number.

Thanks, but wouldn't it be a problem at the NVC or the embassy, when they see that I am married but I filed as single? I just want to be sure before I go ahead and file my taxes.

No problem that, if asked about can't be solved with by answering, "My husband's attorney told him to file as single since his wife is in Pakistan, and in order to file married He would need my SS#."

Here is what I did. I filed married and when I sent in my taxes, I also filled an application for a ITIN (tax ID number). You will need a notarized copy of your spouse's passport bio page to do this. It was simple and easy. I actually went to HR Block and they took care of every thing for me. I just had to get the notarized copy of the passport bio page. I did have to send the ITIN app and a POA form to my husband to sign and he sent that back to me and then I was able to sign our joint return for the both of us. It took one afternoon not including the couple weeks of mail time to get documents signed by my husband and returned to me. Cost at HR Block was 219 dollars at a Premium office that deals with special situations. I filed joint as further evidence of a financially-obligated marital relationship which can only help us during the interview process. I don't claim to be an expert but I am an Master's Public Administration and my BA is in Political Science. I more or less know how bureaucracy works and its always been rather safe than sorry with me. It doesn't matter how many copies of text messages, lovey-dovey emails and phone bills you submit of evidence of a true relationship. They want to see that you're willing to spend money on your spouse, put him/her beneficiary on bank accounts, have joint checking/credit accounts, as insurance beneficiary etc. They want a paper trail. Invest the 200 dollars and afternoon. It can only help you.

Getting an ITIN requires a US Notary certifying a copy of the immigrant's passport. That means sending a passort from Pakistan. Pretty cumbersome for most people and highly risky.

I filed my wifes W7 with a copy of her passport with a joint return and NOT notarized! NO problems.

Mainly did so for additional evidence of a bonafide marriage.

I didn't see that it would hurt anything to give it a try! Worked for me.

[payxibka 10,048]

Getting an ITIN requires a US Notary certifying a copy of the immigrant's passport. That means sending a passort from Pakistan. Pretty cumbersome for most people and highly risky.

or going to the US consulate for notarial services... if available

[Teacher Mark 53]

You can use a National ID and a Birth Certificate instead of a Passport and you can get the copies notarized at the Embassy or Consulate. You also need your Wedding Certificate notarized. The notarization is a requirement if the Spouses country is not a member of The Hague Convention. The W-7 form spells all of this out. The Embassy or Consulate may require a translation as well. You can file and request the ITIN at the same time. You have to mail it in, but you can have the return (if there is one) direct deposited (5-7 weeks). I'm in the process of doing all of this now and I also used Block. You file married filing jointly and claim your Spouse as an exemption. It doubled my return.

Edited February 6, 2009 by Joe Six-Pack

[Teacher Mark 53]

I was wrong about the notarization. According to the W-7 instructions you can use a foreign notary if that country is a member of The Hague Convention. Otherwise the copies must be certified or notarized.

[ABENITEZ 0]

Ok, so let me get this straight. I can file jointly with my husband. He lives in Pakistan. I send in my tax return, a W7 thingy signed by him and a copy of his passport-he sends me copy of his passport, I sign it in front of a notary and thats it? Does that mean u cant file it electronically then? I mean since you have to send all that other paperwork with it?

[payxibka 10,048]

Ok, so let me get this straight. I can file jointly with my husband. He lives in Pakistan. I send in my tax return, a W7 thingy signed by him and a copy of his passport-he sends me copy of his passport, I sign it in front of a notary and thats it? Does that mean u cant file it electronically then? I mean since you have to send all that other paperwork with it?

Correct, no electronic filing option

[ABENITEZ 0]

Wait, but do I have to send in a copy of the marriage certificate? Also, can he just sign and scan the W7 page or does it have to be original?

[Teacher Mark 53]

Ok, so let me get this straight. I can file jointly with my husband. He lives in Pakistan. I send in my tax return, a W7 thingy signed by him and a copy of his passport-he sends me copy of his passport, I sign it in front of a notary and thats it? Does that mean u cant file it electronically then? I mean since you have to send all that other paperwork with it?

He takes the passport and official copy of the marriage certificate to the Consulate, specifically American Citizen Services, and gets them notarized. He may have to get a translation done for the marriage certificate. He signs the W-7 and the return and sends them to you. You don't really have the ability to get any of it notarized here. If you can get it done, more power to you! Legally a notary here can't notarize something from outside their State. Remember you can't claim him as a dependent, only as an exemption. I think that after he gets the ITIN issued you could claim him as an exemption on your paycheck, unless you like the big return.

[ABENITEZ 0]

K, that sounds like alot, not to sound lazy but for him to take off work and go to the consulate? I think I shud just forget abt it...

[pushbrk 13,380]

Ok, so let me get this straight. I can file jointly with my husband. He lives in Pakistan. I send in my tax return, a W7 thingy signed by him and a copy of his passport-he sends me copy of his passport, I sign it in front of a notary and thats it? Does that mean u cant file it electronically then? I mean since you have to send all that other paperwork with it?

Only if you can find a dishonest notary. No, you can't file a return electronically if it includes a W7.

[shani_77 0]

K, that sounds like alot, not to sound lazy but for him to take off work and go to the consulate? I think I shud just forget abt it...

I have reserached alot about this topic. First, I have my two cousins from Pakistan and they filed single and they did not have any problem at NVC and at embassy. I had three different accountans in the past seven years and they told me the same thing. Also, there are some people here in the pakistani forum(Calling Islamabad embassy) and they told me the same thing that they filed single and their wives go visas. I am also going to file single, so why should you go for all this hassale, but if you still wanna do it, you know what to do!! Good luck!!

[ABENITEZ 0]

Yeah, I suppose it shouldn't cause any probs regarding the visa, just thought it would help, plus maybe some extra money for the refund! Oh well once ma baby gets here will file together

[ed g 0]

I just spoke to my attorney about the filing status I should for my 2008. He told me to file as single since my wife is in Pakistan, and in order to file married I would need her SS#. So, I guess it's ok to file as single for those people whose husband/wife is abroad. Can anyone share their opinion? Thanks.

because my wife should be here by april 15th and she will have a ssn I am waiting to file until she is here. if she is not here by april 15 i will file for an extension. the refund for adding my wife and stepdaughter is worth the wait

[payxibka 10,048]

I just spoke to my attorney about the filing status I should for my 2008. He told me to file as single since my wife is in Pakistan, and in order to file married I would need her SS#. So, I guess it's ok to file as single for those people whose husband/wife is abroad. Can anyone share their opinion? Thanks.

because my wife should be here by april 15th and she will have a ssn I am waiting to file until she is here. if she is not here by april 15 i will file for an extension. the refund for adding my wife and stepdaughter is worth the wait

Wife yes, stepdaughter... no

[ed g 0]

I just spoke to my attorney about the filing status I should for my 2008. He told me to file as single since my wife is in Pakistan, and in order to file married I would need her SS#. So, I guess it's ok to file as single for those people whose husband/wife is abroad. Can anyone share their opinion? Thanks.

because my wife should be here by april 15th and she will have a ssn I am waiting to file until she is here. if she is not here by april 15 i will file for an extension. the refund for adding my wife and stepdaughter is worth the wait

Wife yes, stepdaughter... no

my tax attorney says I can claim her. do you know something I dont. please advise