IRS tax identification

[hayader 0]

My wife she is in overseas I did call IRS for tax identification number so we can fail as joint for 2008. And I did now my case is going to NVC and my lawyer he saying this wrong for doing that and NVC they will deny your case and he advice me to change my tax for single unstated of joint spouse. So any one experience this situation before

[hayader 0]

Any advice

[motu 6]

If you were married at any time in 2008 - then you can file as Married filing jointly - you will need to include all her income on the tax return and then figure out if you can exclude all of her income or not. Go to your nearest H&R office and ask them to check your tax return - if they think its filed correctly - you are OK. You have not provided all the details about her - did she come to USA or has never been here etc. that could make a difference, but my gut feeling is - You are OK and I think your lawyer doesn't know tax law adequately. Good Luck

P.S. look at this from Publication 17 from IRS (http://www.irs.gov/publications/p17/ch02.html)

Considered married. You are considered married for the whole year if on the last day of your tax year you and your spouse meet any one of the following tests.

1. You are married and living together as husband and wife.

2. You are living together in a common law marriage that is recognized in the state where you now live or in the state where the common law marriage began.

3. You are married and living apart, but not legally separated under a decree of divorce or separate maintenance.

4. You are separated under an interlocutory (not final) decree of divorce. For purposes of filing a joint return, you are not considered divorced.

P.S. - If your lawyer is indeed wrong (after checking with H&R) - Fire Him

Edited May 19, 2009 by motu

[hayader 0]

thank you .

I did ask H&R block office by my house and they say is ok but my lawyer he like me to change my 2008 tax to single. And he tells me this fraud because my wife never been her in USA before so I don’t know what to do now …

[hayader 0]

please please please please

[anitacastillo 0]

First, this is the wrong section to post in. Your question has nothing to do with obtaining US Citizenship. Hopefully an organizer or moderator will move this to a better section.

Re your question - if you were married as of 12/31/08, according to IRS rules you should file Married Filing Joint OR Married Filing Separately.

For immigration purposes, it would be better to file jointly.

You need to fill out a form W-7 and submit with your tax return. See irs.gov for the W-7. Also, this has been discussed on VJ - try the search function.

Good Luck!!!

[motu 6]

Fire Your Lawyer. I am a tax administrator with 20+ years of experience, you are Ok to file as married joint. Tell him to go fly a kite. FIRE THE A#%$@&*(*&^

[Kathryn41 3,205]

moved from Citizenship forum

[moonhunt 1]

My wife she is in overseas I did call IRS for tax identification number so we can fail as joint for 2008. And I did now my case is going to NVC and my lawyer he saying this wrong for doing that and NVC they will deny your case and he advice me to change my tax for single unstated of joint spouse. So any one experience this situation before

I guess it's time to find new lawyers.

Tax laws and immigration laws are different to define "resident".

For legal spouse of US Citizen or legal permanent resident, you have two options.

Declare your legal spouse living in oversea as resident for tax purpose and file for married-jointly.

Or you can file married-separately for your own income.

If you file married-jointly, you may have to include your spouse' income, too.

If you file for single even though you are married as of last day (12/31) of tax year,

that's tax fraud, I believe.

US citizen and Legal Permanent Resident have tax duty to report all income no matter where income generate.

For non-resident spouse of US citizen or Legal Permanent Resident, you have option to include her/him as resident for tax report purpose.

http://www.irs.gov/pub/irs-pdf/i1040.pdf

Page 15. Line 2 "Nonresident aliens and dual-status aliens"

Or IRS Pub 519.

It is clearly stated in IRS 1040 tax form instructions, and your state tax form instructions may have similar.

If your lawyer doesn't look at basic information like this, he/she may not do so for other important stuffs.

Edited May 19, 2009 by moonhunt

[hayader 0]

moved from Citizenship forum

how ???

[hayader 0]

My wife she is in overseas I did call IRS for tax identification number so we can fail as joint for 2008. And I did now my case is going to NVC and my lawyer he saying this wrong for doing that and NVC they will deny your case and he advice me to change my tax for single unstated of joint spouse. So any one experience this situation before

I guess it's time to find new lawyers.

Tax laws and immigration laws are different to define "resident".

For legal spouse of US Citizen or legal permanent resident, you have two options.

Declare your legal spouse living in oversea as resident for tax purpose and file for married-jointly.

Or you can file married-separately for your own income.

If you file married-jointly, you may have to include your spouse' income, too.

If you file for single even though you are married as of last day (12/31) of tax year,

that's tax fraud, I believe.

US citizen and Legal Permanent Resident have tax duty to report all income no matter where income generate.

For non-resident spouse of US citizen or Legal Permanent Resident, you have option to include her/him as resident for tax report purpose.

http://www.irs.gov/pub/irs-pdf/i1040.pdf

Page 15. Line 2 "Nonresident aliens and dual-status aliens"

Or IRS Pub 519.

It is clearly stated in IRS 1040 tax form instructions, and your state tax form instructions may have similar.

If your lawyer doesn't look at basic information like this, he/she may not do so for other important stuffs.

thank you this is really goog

[hayader 0]

Fire Your Lawyer. I am a tax administrator with 20+ years of experience, you are Ok to file as married joint. Tell him to go fly a kite. FIRE THE A#%$@&*(*&^

thank you I am not going back to my lawyer againe he say his 100% sure .. sure my .....

[moonhunt 1]

thank you I am not going back to my lawyer againe he say his 100% sure .. sure my .....

You learnt your lesson.

You have to do your due dilligence.

Professionals should follow latest changes and info for their field.

But a lot of them don't do their homework after they got certified.

Even though they make mistakes, it will be your responsibility to make sure that they did job done.

Keep checking basic information such as instructions and other things available.

I guess a lot of professional charges premium, but actually they are NOT a professional.

Also you may consider filing the claim for BBB and local bar association for misleading info for that lawyer.

Edited May 19, 2009 by moonhunt

[Kathryn41 3,205]

moved from Citizenship forum

how ???

It is one of my powers as moderator.

[Old Dominion 26]

You don't need that lawyer. He's just plain wrong.