tax file and I 130

[merimusa 1]

hi everybody

i am in confusion. i filed I 130 for my wife in jan 2011.we got married last year. my wife is in nepal and me in USA.now its time to file tax return.somebody told me that u need to file with married status.in my w2 i am single-0.if i dont filed with married status,is my wife I130 got a problem?somebody told me it causes for denied the visa for my wife too.i dont have SSN number and any tax id number for my wife and she dont have anything for USA.so how can i file jointly tax file.is it hurts on my wifes interview later on?please help me. i need to file single or joint.

merimusa

[Inky 1,110]

Married filing separate. Put NR in the box provided for non resident spouse. Do not need a SSN to do that.

Or if you want the taxes so its easier for removal of conditions etc then file married joint, you will need to get an ITIN number instead of SSN number.

[Sam_Kay 0]

merimusa

I am in the same situation here. One poster suggested to put NR but does that really helps. I am filing electronically and cannot file unless wife SSN/tax identification number is posted. If you try doing it by paper/post then it may turn out to be same story. On 1040 form, IRS want us to put wife info.

Just wondering, if I can get an identification number (W7) and then file separately. This way I can avoid putting my wife income (even though she still have to visit USA). Any suggestion from members will be welcomed.

[chillab 0]

I would get an ITIN for your wife (takes 6-8 weeks to get it). You can file Married filing separately, with NR spouse, or in some cases you can file as Head of household (with NR spouse), if you provided more than 50% support of your spouse (you should study the 519 publication IRSFor - how non-resident aliens are filing taxes and what filing status is available to them). If you file married filing jointly - you need to report all worldwide income - yours and spouses as well (but still your spouse will need the ITIN, even if she is not in USA).

We filed last year as Head of household -- the name of alien spouse is reported on line 6b (next to 'spouse') (hand-written), and added - Non-resident spouse; You can claim the exemption on your spouse even with the Head of household (that means you provided more than 50% support to her over the year); and of course with HoH your spouse did not make over $3650 that year. For us this year it'll be the same - HoH. (just for the record, if you file the taxes with the ITIN application - you need to send - paper tax return, with the ITIn application together to the ITIN address, and they will forward it (after IRS issues the ITIN; they will write it on the 1040 and forward your 1040 to the correct office -- I know, we went through this last year - and it took totally almost 3 months to get our return to our account).

In case you would like to file married filing jointly - you need an Affidavit (notarized) signed by your spouse, that she wants to be considered for tax purposes as a US Resident - and also, she will have to SIGN the tax return (if filing jointly).

[Amy M 0]

We filed last year as Head of household -- the name of alien spouse is reported on line 6b (next to 'spouse') (hand-written), and added - Non-resident spouse; You can claim the exemption on your spouse even with the Head of household (that means you provided more than 50% support to her over the year); and of course with HoH your spouse did not make over $3650 that year. For us this year it'll be the same - HoH. (just for the record, if you file the taxes with the ITIN application - you need to send - paper tax return, with the ITIn application together to the ITIN address, and they will forward it (after IRS issues the ITIN; they will write it on the 1040 and forward your 1040 to the correct office -- I know, we went through this last year - and it took totally almost 3 months to get our return to our account).

Hi,

Probably a dumb question- but my husband qualifies as a nonresident spouse as well and I'm thinking filing as head of household might be best for us tax wise. Do you still have to file as married head of household, or do you file single head of household since you are considered unmarried? Thanks!

Amy

[immi_mygc 0]

Hi,

Probably a dumb question- but my husband qualifies as a nonresident spouse as well and I'm thinking filing as head of household might be best for us tax wise. Do you still have to file as married head of household, or do you file single head of household since you are considered unmarried? Thanks!

Amy

I checked with my tax filer. He said when spouse is not in US and do not qualify for SSN or ITIN. So it should be Tax return filing as single. This is just for filing tax as single nothing to do with your actual marriage status. Marriage status is where you will declare as married and marriage certificate is document for it. Also, when you see W4 form it says if your spouse is non resident & not living with you currently then select as Single option for tax withholding. It only for tax withholding purpose. There are criterias for house hold consideration and unless you meet you should better get a advise form tax consultant.

[foofurrah 4]

I just spoke with a rep from the IRS office in Beijing to clarify the instructions from the 1040. Here are the original instructions (page 12 of 2011 publication of i1040.pdf):

Nonresident Alien Spouse

If your spouse is a nonresident alien, he or she must have either an SSN or an ITIN if:

-You file a joint return,

-You file a separate return and claim an exemption for your spouse, or

-Your spouse is filing a separate return

This suggests that if you are married filing separately AND do not claim your spouse as a dependent AND your spouse will not file a return, then you do not need a ITIN. This is in fact the case. The Beijing Office told me to leave the "Spouse's social security number" box blank, and at line item 3 after "Married filing separately. Enter spouse's SSN above and full name here.->" to write "Foreign Spouse" instead of my spouse's name.

If you're using Turbotax, the 2011 version won't allow you to file electronically without an SSN or ITIN, so I'll file by mail.

Hope this helps some other people, I've been up and down the internet looking for answers on this and everyone seems to have a different one.

[aaron2020 11,651]

hi everybody

i am in confusion. i filed I 130 for my wife in jan 2011.we got married last year. my wife is in nepal and me in USA.now its time to file tax return.somebody told me that u need to file with married status.in my w2 i am single-0.if i dont filed with married status,is my wife I130 got a problem?somebody told me it causes for denied the visa for my wife too.i dont have SSN number and any tax id number for my wife and she dont have anything for USA.so how can i file jointly tax file.is it hurts on my wifes interview later on?please help me. i need to file single or joint.

merimusa

You do not qualify to file as single - you are married. Why would you assert under penalty of perjury that you are single on your tax return? How is that going to look when when you assert on the I-130 that you are married? Conflicting assertions is only going to get you trouble.

You have two choices; 1) married filing separately or 2) married filing jointly.

MFS - you list your wife with no SSN.

MFJ - you must obtain an ITIN for your wife. She must sign and elect to be treated as a US taxpayer. She includes her foreign income. She gets a foreign tax credit.

[jkelly07 120]

if your married then you need to file your taxes as married it doe's not matter if your spouse in in another country.you can amend your taxes with a extension for 6 months, so you don't get any late penaltys,have your spouse download the w-7 form www.IRS.GOV have her sign an send it to you. you complete it. read the instructions very good, and the documents copies that is sent along with the w-7.copy of your u.s passport. copy of your marriage certificate. have it notorized mail it to the itin operations in austin tx. only.in about 6 weeks you dhould get the itin number to put on your tax forms send mail the returns to the same office in austin tx for your refund,after your spouse comes to the u.s and applys for a social security card, be sure to call or writ the itin department in austin tx that she now has a social security card it's a different number you can no longer use that itin number you must notify them.good luck.