Spouse filing joint tax return, K3 Visa

[cjgator 2]

I saw this post a few months ago, and I can't find it again to save my life. Someone explained how they got a Tax ID # for their K3 spouse so she could be reported on their 2008 joint tax return. I need the same. I can't get her SS# until we receive the EAD back from USCIS, so if someone has memory or knowledge of how to do this, could you share? I would appreciate it.

C

[ods 0]

I saw this post a few months ago, and I can't find it again to save my life. Someone explained how they got a Tax ID # for their K3 spouse so she could be reported on their 2008 joint tax return. I need the same. I can't get her SS# until we receive the EAD back from USCIS, so if someone has memory or knowledge of how to do this, could you share? I would appreciate it.

C

File her taxes with yours. u will have to send form W-7 to get her ITIN. It will take 4 to 6 week to get her ITIN and then u can file ur state taxes. I just did mine my wife is USC and i m still waiting for my ead.

[GregYohn 0]

Hola!

I contacted the IRS yesterday. I called their 1-800 phone line and was tranferred to a specialist in advanced tax rules.

To get your wife still out of the country as married filing jointly for your 2008 USA tax return follow these intructions.

Attach a statement, signed by both spouses, to your joint return for the first tax year for which the choice applies. It should contain the following information.

• A declaration that one spouse was a nonresident alien and the other spouse a U.S. citizen or resident alien on the last day of your tax year, and that you choose to be treated as U.S. residents for the entire tax year.

• The name, address, and identification number of each spouse. (If one spouse died, include the name and address of the person making the choice for the deceased spouse.)

http://www.irs.gov/publications/p519/ch01.html#d0e1603

In addition, complete Form W-7 to get an ITIN. She does not need to provide her passport, but needs a notary to copy it and stamp it.

http://www.irs.gov/pub/irs-pdf/fw7.pdf

She also needs to sign your joint return.

Basically, you agree all of your income is USA income, thereby allowing you,

1) $5,450 more in a standard deduction.

2) $3,500 more in exemptions.

3) We also have a child, so we can claim him, since the child is with her the whole year. That gives us another $3,500 exemption.

That lowers my taxable income another $12,450.

You can amend your return to correct it, if you want to make the change for 2008 & 2007!

However, you can also make the choice by filing a joint amended return on Form 1040X. Attach Form 1040, Form 1040A, or Form 1040EZ and print “Amended” across the top of the corrected return. If you make the choice with an amended return, you and your spouse must also amend any returns that you may have filed after the year for which you made the choice.

You generally must file the amended joint return within 3 years from the date you filed your original U.S. income tax return or 2 years from the date you paid your income tax for that year, whichever is later.

http://www.irs.gov/publications/p519/ch01.html#d0e1603

[rin and john 71]

Hola!

I contacted the IRS yesterday. I called their 1-800 phone line and was tranferred to a specialist in advanced tax rules.

To get your wife still out of the country as married filing jointly for your 2008 USA tax return follow these intructions.

Attach a statement, signed by both spouses, to your joint return for the first tax year for which the choice applies. It should contain the following information.

• A declaration that one spouse was a nonresident alien and the other spouse a U.S. citizen or resident alien on the last day of your tax year, and that you choose to be treated as U.S. residents for the entire tax year.

• The name, address, and identification number of each spouse. (If one spouse died, include the name and address of the person making the choice for the deceased spouse.)

http://www.irs.gov/publications/p519/ch01.html#d0e1603

In addition, complete Form W-7 to get an ITIN. She does not need to provide her passport, but needs a notary to copy it and stamp it.

http://www.irs.gov/pub/irs-pdf/fw7.pdf

She also needs to sign your joint return.

Basically, you agree all of your income is USA income, thereby allowing you,

1) $5,450 more in a standard deduction.

2) $3,500 more in exemptions.

3) We also have a child, so we can claim him, since the child is with her the whole year. That gives us another $3,500 exemption.

That lowers my taxable income another $12,450.

You can amend your return to correct it, if you want to make the change for 2008 & 2007!

However, you can also make the choice by filing a joint amended return on Form 1040X. Attach Form 1040, Form 1040A, or Form 1040EZ and print "Amended" across the top of the corrected return. If you make the choice with an amended return, you and your spouse must also amend any returns that you may have filed after the year for which you made the choice.

You generally must file the amended joint return within 3 years from the date you filed your original U.S. income tax return or 2 years from the date you paid your income tax for that year, whichever is later.

http://www.irs.gov/publications/p519/ch01.html#d0e1603

Cigator - Even if you file MFJ with an ITIN for tax year 2008, it may benefit you to file an amended return once your wife arrives in the USA and gets her SSN. She will be eligible for the recovery tax rebate (up to $600). The recovery tax rebate is not available for individuals filing with an ITIN, must have a SSN. Another option would be to file for the automatic six month extension (particularly if you will be applying for the EAD soon), get the EAD and SSN, and then file. It would avoid filing now and then refiling once she has her SSN (assuming she qualifies for the recovery tax rebate).

http://www.irs.gov/newsroom/article/0,,id=186065,00.html

[rin and john 71]

An older thread with lots of tax info:

http://www.visajourney.com/forums/index.ph...=170514&hl=

[cjgator 2]

Thanks a bunch, you all have been very kind and helpful. Just to let you know, my wife is here now, she just got here in the US 4 days ago after a year-long wait. It sounds to me, from your advice, like I need to contact the IRS directly and confirm what I need to send if I want to file for 2008, and then get the W-7 in for the "long haul", even though it will not be back by the time I have to file (April 15).

Best wishes, and thanks again.

C

An older thread with lots of tax info:

http://www.visajourney.com/forums/index.ph...=170514&hl=