Claiming alien spouse on taxes

[sstrickland 4]

Please correct me if I am misinformed but as I understand it, I will not be able to claim my wife on my taxes this year as she is not currently living with me, she is living in Peru (furthermore I havent yet started the petition, we got married June 25th 2010 if thats relevant). My question is, do I still have to file my taxes as a married person? The people I work with know that Im married as in my boss and his boss, but I never formally informed human resources (says single on my pay stubs).

If I DO still have to file as married, thats crazy. On the one hand I cant claim my wife because she doesnt live with me, on the other hand I have to file as married because Im married. Also Im under the impression that Ill receive a smaller tax return if filing married without claiming my wife, as opposed to just filing single. Any guidance is much appreciated.

Also we got married in Peru, she's still an "alien" though shes been here several times and has a clean record. Thanks!

[jkelly07 120]

if your married you should file joint tax, it's a bigger refund, in return,2010.you need to have your wife sign w-7 tax form, sent it to the irs to get a number to claim on your taxes itin number,call 1-800829-1040,irs,...and in the furture you neer the joint taxes for evidence for bona fide marriage,

[sstrickland 4]

Ideally I would like to file jointly for the bigger return, I thought I couldnt since she doesnt live with me (or in the country for that matter). Besides that she is not a citizen and never received wages in the US this year. We can still file jointly?

(im a bit slow)

[sstrickland 4]

Well i took a look at w-7. Im 95 percent sure Doris has a social security number. After looking qt that Im thinking we can "file jointly" but i cant "claim" her? Am i missing something?

[jkelly07 120]

even if your wife is living in peru, she is your wife you support her you pay taxes,you can put her on your 2010 tax returns, she will need the itin number w-7 form it's a number that you put on the 1040 along with your social secerity number,togather,they will sent a number to use w-7 and when she come to the us and apply for social secerity call the irs tell them you no longer need the itin number,

[sstrickland 4]

Thanks:)

[jkelly07 120]

strikland ,sorry i missed some thing you say doris has a social secerity card, then disreguard everthing i said, just use her ss number along with yours jointy,on the tax form

[REINITA♥REY 8]

Hello!

I just wanted to add in not to worry about your employer's HR department. What you elect on form W-4 dictates what your employer needs to take out of your check and remit to the IRS. It is not the HR departments concern if you are married or not, it is between you and the IRS when you file annually. You can elect to have Single Zero your entire life, even if your married...if you maybe want a higher tax rate calculated. Also in case you didn't hear, the rate for your social security tax withholding is lowered by 2% for 2011=) , so you should see that on your check already this year.

Good Luck, I hope you get a big refund

[payxibka 10,044]

Well i took a look at w-7. Im 95 percent sure Doris has a social security number. After looking qt that Im thinking we can "file jointly" but i cant "claim" her? Am i missing something?

On what basis did she receive a SSN? did she live here and work?

[sstrickland 4]

Thanks for all the help everyone! Doris got her SS number when she was here in NH very early 2008 on a work travel program. I dont know the details but are SS numbers issued to aliens on a work travel basis considered "temporary" SS numbers? Is there even such a thing? Many thanks

[George & Gina 29]

Thanks for all the help everyone! Doris got her SS number when she was here in NH very early 2008 on a work travel program. I dont know the details but are SS numbers issued to aliens on a work travel basis considered "temporary" SS numbers? Is there even such a thing? Many thanks

Temporary SSNs start with a 9. If it's something other than a 9, it's not temporary. Read IRS publication 519 pages 10 and 26 for more information on treating your non-resident foreign spouse as a resident for IRS tax purposes. Here is a link to it: http://www.irs.gov/p...rs-pdf/p519.pdf. What you selected on your W4 for exemptions does not effect whether or not you can file you taxes jointly with your spouse.

I'll be filing jointly with my foreign non-resident spouse for the first time this year also. We'll have to file a W-7 with our tax return since Gina does not have an SSN yet.

Good luck.

George

[Casprd 167]

One thing to keep in mind is that in order to keep things legal, if you want to file married and joint in order to claim your spouse, then you must claim his/herincome and pay taxes on this also (assuming he/she is working). Be prepared to supply some supporting evidence of what that income is if at all possible. In our case, I have a copy of my wife's contract showing her monthly income. As is normal, she is paid in cash and there are no paystubs or payment records so the contract is our only supporting evidence.

Also, when filing for an ITIN number with the taxes, the forms all get sent to a different location, not the normal mailing address you would use for your taxes. I believe the address is on the W-7 instructions. And as someone pointed out, this provides another piece of bona fide evidence of marriage.

[ADAMandKAREN 15]

This is written directly for US Citizens and PRs living abroad and with a nonresident spouse but a lot of the stuff (possibly all) applies to your situation.

http://www.irs.gov/businesses/small/international/article/0,,id=96734,00.html

In short, you cannot file single. You must file either Married filing joint or Married filing separately. If you choose married filing joint then your spouse will be an "alien resident" for tax purposes. You will be able to benefit from her exemption and lower tax brackets but you have to report her income (however this may be offset partially or entirely by taxes she pays in her home country).

If you choose married filing separately you won't have to report her income but you will be faced with higher tax rates.

You may be able to choose Head of household if you have other people living with you and you never filed as Married while married to her before.

Remember, your marital status for IRS purposes is whatever your status was as of december 31 2010. If someone is married all year and gets divorced on December 31, 2010 they have to file single, conversely, if they are single all year and get married December 31, 2010 they have to file Married (jointly or separately). (there are some exceptions for those who are widowed)

[rin and john 71]

One thing to keep in mind is that in order to keep things legal, if you want to file married and joint in order to claim your spouse, then you must claim his/herincome and pay taxes on this also (assuming he/she is working). Be prepared to supply some supporting evidence of what that income is if at all possible. In our case, I have a copy of my wife's contract showing her monthly income. As is normal, she is paid in cash and there are no paystubs or payment records so the contract is our only supporting evidence.

Also, when filing for an ITIN number with the taxes, the forms all get sent to a different location, not the normal mailing address you would use for your taxes. I believe the address is on the W-7 instructions. And as someone pointed out, this provides another piece of bona fide evidence of marriage.

If your spouse's foreign income is below $91,500, then you won't owe any US tax on it. The first $91,500 is excluded. See form 2555 or 2555-EZ on www.irs.gov

[sstrickland 4]

This is all very good information, meat and potatoes. Im fairly confident Im all set now. Im flying to Peru In a few weeks, I'll be sure to get some documentation of her income (2 jobs sigh) but she does not make 91k a year. Our combined income is right around 40k.

I have her SS card number saved somewhere in the million pages of text messages on my phone. If it begins with a 9 I'll file w-7. If not Ill use the SS number and get the income documentation from her in Feb just in case. Thanks again smarties!