TAX return and the filing status

[gakkuken 0]

Hi guys;

Wife's interview is coming up, and I read some posts on CFL regarding the filing status for the tax returns.... which bothered me quite a bit.

I got married in 2007, and I filed as single only because there was no way I can choose any otherway in that turbotax software without asking for spouse's SSN or tax ID. So, this year I contacted my lawyer directly and he suggested me to have my CPA to find the pertinent part of the law and issue an opinion letter to that effect, just to avoid being questioned at the time of her consular interview.

So looks like I won't be able to file tax myself this year.... as I just made an appointment w/ my CPA and they will have a formal letter in regards to my filing status as well as the section where IRS stated it's legal....etc

Sounds like a lot of work, but I think this is a better approach to address this matter. What do you all think?

rod

[payxibka 10,044]

Hi guys;

Wife's interview is coming up, and I read some posts on CFL regarding the filing status for the tax returns.... which bothered me quite a bit.

I got married in 2007, and I filed as single only because there was no way I can choose any otherway in that turbotax software without asking for spouse's SSN or tax ID. So, this year I contacted my lawyer directly and he suggested me to have my CPA to find the pertinent part of the law and issue an opinion letter to that effect, just to avoid being questioned at the time of her consular interview.

So looks like I won't be able to file tax myself this year.... as I just made an appointment w/ my CPA and they will have a formal letter in regards to my filing status as well as the section where IRS stated it's legal....etc

Sounds like a lot of work, but I think this is a better approach to address this matter. What do you all think?

rod

Choices are MFJ, MFS, HOH (if qualified and only if you meet the requirements to be considered unmarried) You could have gotten an ITIN for your wife and filed MFJ by specific exception. You have most likely paid more tax than you legally could have.

Edited April 1, 2009 by payxibka

[YuAndDan 153]

Hi guys;

Wife's interview is coming up, and I read some posts on CFL regarding the filing status for the tax returns.... which bothered me quite a bit.

I got married in 2007, and I filed as single only because there was no way I can choose any otherway in that turbotax software without asking for spouse's SSN or tax ID. So, this year I contacted my lawyer directly and he suggested me to have my CPA to find the pertinent part of the law and issue an opinion letter to that effect, just to avoid being questioned at the time of her consular interview.

So looks like I won't be able to file tax myself this year.... as I just made an appointment w/ my CPA and they will have a formal letter in regards to my filing status as well as the section where IRS stated it's legal....etc

Sounds like a lot of work, but I think this is a better approach to address this matter. What do you all think?

rod

Choices are MFJ, MFS, HOH (if qualified) and Single (but only if you meet the requirements to be considered unmarried) You could have gotten an ITIN for your wife and filed MFJ by specific exception. You have most likely paid more tax than you legally could have.

Yep this one comes up every March/April on CFL, the recommended procedure is to apply for an ITIN from IRS and file jointly, this is additional evidence of marital relationship that the consulate looks for.

To get an ITIN you need to file a W7 along with a Notarized copy of foreign passport.

http://candleforlove.com/forums/index.php?showtopic=22151

http://www.irs.gov/individuals/article/0,,id=96287,00.html

[gakkuken 0]

yea, i know at this point i'm paying more tax than i should, but i can file an amended return after she gets to usa.

my CPA is saying my wife doesn't have documents are acceptable as proof of identity and foreign status in order to qualify ITIN, but i believe a formal letter from my CPA will sound a better.

[payxibka 10,044]

yea, i know at this point i'm paying more tax than i should, but i can file an amended return after she gets to usa.

my CPA is saying my wife doesn't have documents are acceptable as proof of identity and foreign status in order to qualify ITIN, but i believe a formal letter from my CPA will sound a better.

I cannot say for sure but I am certain there are others who have managed to get ITIN's for there spouses while still in China.... What acceptable documents is she missing (if I may ask)?

[gakkuken 0]

yea, i know at this point i'm paying more tax than i should, but i can file an amended return after she gets to usa.

my CPA is saying my wife doesn't have documents are acceptable as proof of identity and foreign status in order to qualify ITIN, but i believe a formal letter from my CPA will sound a better.

i believe CPA was saying my wife needs to have a valid VISA or past entry to USA in order to get one (as just her foreign passport isn't enough). This topic really sucks and confusing.. but i'm sure there are many other folks filing "single" status like i do.... and the extra paper from their CPA won't hurt (if VO even bothered to ask for the tax return)

[payxibka 10,044]

yea, i know at this point i'm paying more tax than i should, but i can file an amended return after she gets to usa.

my CPA is saying my wife doesn't have documents are acceptable as proof of identity and foreign status in order to qualify ITIN, but i believe a formal letter from my CPA will sound a better.

i believe CPA was saying my wife needs to have a valid VISA or past entry to USA in order to get one (as just her foreign passport isn't enough). This topic really sucks and confusing.. but i'm sure there are many other folks filing "single" status like i do.... and the extra paper from their CPA won't hurt (if VO even bothered to ask for the tax return)

FWIW, if that is what your CPA meant, then he/she is uninformed about the accepted requirements of the W-7.....

Who Must Apply

A nonresident alien individual not eligible for an SSN who elects to file a joint U.S. tax return with a spouse who is a U.S. citizen or resident alien.

Passport (the only stand-alone document) If you supply your passport you need only supply your passport. No previous entry or current visa required.

Edited April 1, 2009 by payxibka

[pushbrk 12,230]

yea, i know at this point i'm paying more tax than i should, but i can file an amended return after she gets to usa.

my CPA is saying my wife doesn't have documents are acceptable as proof of identity and foreign status in order to qualify ITIN, but i believe a formal letter from my CPA will sound a better.

The rub is dealing with mailing a passport back and forth across the Pacific. You can file single and amend the return. That's what we did with no trouble whatsoever. A letter from the CPA would be a nice touch though.

[turbo2253 0]

Hello Rod, Yizhen sent her passport to me, and I filed MFJ with the W-7 for ITIN. I took the passport in to the local IRS office, they made the copy, before sending the 1040 and W-7 to the W-7 address. That way I didn't have to let the passport out of my sight. I got the refund in time to use it for the return trip, and I safely brought the passport with me, for the interview. Mike & Yizhen

Edited April 2, 2009 by turbo2253

[turbo2253 0]

Rod, you will need to file an amended return to get a refund for 2007, and you will also get the stimulus credit for 2008 when she has the SS#. It keeps life interesting! Mike & Yizhen

[gakkuken 0]

Rod, you will need to file an amended return to get a refund for 2007, and you will also get the stimulus credit for 2008 when she has the SS#. It keeps life interesting! Mike & Yizhen

Thanks Mike, I sure won't forget to file an amended return for 07 and 08 as I owe taxes for both years