2008 Taxes

[queuedup 1]

I haven't filed my 2008 taxes yet, and my wife's interview is on April 22nd, so after the tax return deadline.

Does anyone know if it will be a problem, if I apply for an extension? I don't have a TIN for my wife yet.

The alternative is to file as Single, but will that cause a problem at the interview?

[YuAndDan 153]

You file married filing separately, and later amend your return.

The consulate can request to see your 2008 return, or a reason why one was not filed by the tax deadline.

[queuedup 1]

You file married filing separately, and later amend your return.

The consulate can request to see your 2008 return, or a reason why one was not filed by the tax deadline.

YuAndDan to file as married filing separately my wife would need a SSN or ITIN, and I don't have either for her.

I am trying to avoid the consulate potentially holding her visa, because I didn't file my tax return.

[Joe McGillicuddy 0]

You file married filing separately, and later amend your return.

The consulate can request to see your 2008 return, or a reason why one was not filed by the tax deadline.

YuAndDan to file as married filing separately my wife would need a SSN or ITIN, and I don't have either for her.

I am trying to avoid the consulate potentially holding her visa, because I didn't file my tax return.

File as single. You can amend the return after obtaining the TIN. This will result in a higher initial tax, but you will receive the difference after the amendment.

You can also file as MFJ, with a TIN application (W-7) enclosed (assuming you have all of the necessary identifying informationand can obtain her signature), but this will take quite a while to process and must be handled via mail (no electronic filing).

[crash 0]

I'm in the same boat, my fiancé interview is Mumbai on the 23rd April, and i think i might have to file a extension or it will be down to the wire. If you file the extension and write a letter (you or accountant) state why the return will be filled late, you should be ok, also maybe send 2005, 06 & 07 returns or transcripts to show you have been filling and good $ amount. You should be fine as long as show paper work. Good luck

[crash 0]

sorry missed that you a cr-1, don't worry you don't have to file a joint return yet, not till she gets here. Just file your return and send it to her and take it to the interview, they should know that she does not have ss# or TIN yet.

[queuedup 1]

So I can file as Single for the 2008 return and then amend it once she gets here?

[Dakine 26]

I filed a W-7 with our joint filed taxes. Used copies for the interview even tho she didn't get her ITIN until after the interview. Worked fine for us.

[anitacastillo 0]

It is not correct to file as single when you are married (anywhere in the world) as of 12/31/08. Not sure if you can later amend as MFJ, if you originally filed as MFS.

I suggest you file MFSeparate for now and write "non-resident alien" in the space for the ITIN/SS#.

You have 3 years after you file to amend as MF Joint.

Good Luck!

[crash 0]

anitacastillo is right once married you have to file as "married filing separately," since she is not in the usa and she has no earnings she will not need to file a return yet, on next return file as "married filing jointly" see irs attached link http://www.irs.gov/publications/p17/ch01.html, it explains who should file and also explains how to get a W-7. Hope it helps, good luck.

Edited March 19, 2009 by crash