Need ITIN for wife even though "Married, filing separately"?

[complicatedmuch 0]

<!--quoteo(post=3235208:date=Aug 20 2009, 11:07 AM:name=imaisha)--><div class='quotetop'>QUOTE (imaisha @ Aug 20 2009, 11:07 AM) <a href="index.php?act=findpost&pid=3235208"><{POST_SNAPBACK}></a></div><div class='quotemain'><!--quotec-->I tried calling that hotline back in February when I was preparing my taxes and they were completely useless. An hour and a half of getting switched up and down the chain of command and in the end they told me nothing that wasn't on the IRS website. Maybe you'll have more luck though.

In the end I filled out my federal and state returns online with TurboTax, filing as "married filing separately." Because my husband didn't have a social security number I couldn't e-file so I just mailed them in. Had no problems with my federal return- had my refund direct deposited a few weeks later. New York State sent me a letter a little while after I submitted the return saying something like, "We are missing some information, please tell us your spouse's SSN." I just wrote them a letter saying, "My husband is a non-resident alien. He has never lived or worked in the United States. My filing status is "married filing separately" and so his SSN is not required. My federal tax return was accepted without issue, please continue processing my return." Got my refund from them a few weeks after that. In retrospect I should've included that letter in the first place. I wouldn't waste time with the ITIN unless you need it for something else (adding your spouse to a bank accounts etc.).<!--QuoteEnd--></div><!--QuoteEEnd-->

I need to know if I may file single even though I am married.

Here are the factors:

(1) My husband is a non-resident alien; we are awaiting approval of his IV (immigrant visa), while he is living abroad. He has not earned a wage in this country and holds a valid tourist visa to date.

(2) I am a USC

(3) I have no other dependents which I might claim for HOH

(4) In order to file joint we must have a ITIN, which will take a min. of 8-10 weeks to obtain, after the 1-2 weeks we must wait for appropriate documentation to arrive in the mail, plus the time we must wait for IRS to process our federal with the ITIN. This is problematic because: (a) I must submit tax information for funding purposes to my university; and (b) because we must submit additional immigration information ASAP that requires our tax info.

Related question:

What is the average processing, wait time, for IRS transcripts? I will request for completed year 2007, and be requesting for year 2008 which I will be submitting to amend this week. How long after I submit amendment for 2008 should I wait before requesting 2008 IRS transcript? Should I request both 2007 and 2008 at the same time?

Please advise

Peace!

According to H&R Block and an accountant friend of mine, I filed as single. I don't know how accurate my take on it was, but they said that since (1) my husband had no income, (2) I wasn't really in need of a tax exemption from filing for dependents, and (3) I have not seen them in over 6 months, the IRS saw us as "separated" and ITIN was not required. Oh well, if ever I'm audited, H&R Block has to cover for me.

[sjr09 155]

According to H&R Block and an accountant friend of mine, I filed as single. I don't know how accurate my take on it was, but they said that since (1) my husband had no income, (2) I wasn't really in need of a tax exemption from filing for dependents, and (3) I have not seen them in over 6 months, the IRS saw us as "separated" and ITIN was not required. Oh well, if ever I'm audited, H&R Block has to cover for me.

No income or not, being married does have benefits over filing single!

(married but legally separated) will work. I have successfully file my return 08 this way with all the benefits allowed by the IRS, with my wife and daughter living in the PI their are timelines for this i.e. how long you have been married. Also with out an ITIN or SSN for my wife!

[christeen 966]

Also, if you file married filing seperatly and your spouse had no income you can amend the returns for head of household and get some big $$$ back!!! Especially if they are outside the USA the entire time.... You get this money because the IRS assumes that you are mainting 2 households...

If you are married, you are married filing seperatly not single... Not that it really matters, however if you are in the visa process and from a high fraud country, it might come up at interviews why you filed single when you are married...

[Mo1689 0]

Just to point out that once you are married you cannot file as "single" -- you are married! You may file "married filing separately." You do not need an ITIN to file in this manner. Before we moved to the States, I had been living abroad for many years married to a non-USC. I was instructed by the IRS to file married filing separately to avoid the issue of the ITIN, and in the place on the 1040 for the social security number or ITIN, to write "NRA" for "non-resident alien." This was perfectly acceptable to the IRS.

Hope this helps!

Thank you so much!! This piece of information just saved me a TON of trouble!