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Val and Gary

Instructions for filing taxes with spouse outside of the country

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I have noticed conflicting advice with regard to filing taxes whilst the spouse of a USA citizen is out of the country. This is the procedure we used. It is recommended that once married, for maximum financial benefit, the spouses file as married, filing jointly. The foreign spouse does NOT need to be in the USA in order to do this.

Firstly, it is impossible to e-file, as e-filers need SSN's for both spouses. As the non USA spouse will not have an SSN, it is necessary to apply for an ITIN number.

The procedure is as follows:

Download IRS form W7, and the instructions from the IRS website.

http://www.irs.gov/pub/irs-pdf/fw7.pdf

http://www.irs.gov/pub/irs-pdf/iw7.pdf

The foreign spouse must complete the form, sign it and send it to the USA spouse complete with a notarized copy of their passport.

On receipt, the USA resident has to file taxes by mail. I highly recommend Turbo Tax 2010, as this program allows a the IRS tax returns to be easily printed and filed. As stated above, you can NOT use the e-file feature, you print the tax return the old fashioned way.

http://turbotax.intuit.com/

Once you have completed (married, filing jointly) and printed the return, gather your supporting documents, attach your foreign spouses completed W7 form to the front, and mail to:

Internal Revenue Service

ITIN Operation

P.O. Box 149342

Austin, TX 78714-9342

You must do this before April 17th 2011. Once this is received, an ITIN number will be issued, and the tax form processed. You should get your refund in around 8 weeks, as it takes 6 weeks to get the ITIN number allocated.

That's all there is to it.


04/2010 - Marriage in Weirsdale, Florida

USCIS

07-07-2010 Filed I-130 - K3

07-12-2010 Priority date

07-23-2010 NOA1 (California Service Centre)

11-03-2010 Transfer to Texas Service Centre

01-24-2011 NOA2 NVC

02-26-2011 Case #

02-28-2011 Docs delivered to NVC

03-06-2011 NVC received docs

03-06-2011 NVC SIF & Expedite approved

04-06-2011 Medical exam - Failed (bad cold - shadow on lung)

06-13-2011 2nd Medical exam - Passed

06-22-2011 Interview at London Embassy - denied due to previous overstay (3 year bar)

07-06-2011 I 601 Waiver accepted at London

07-19-2011 MP & Senator wrote to US Embassy to request expedite

08-13-2011 I 601 approved!

08-22-2011 Visa delivered

09-07-2011 POE Orlando - took 20 minutes to be admitted

I-751

08-15-2013 I-751 Received by Vermont service center

08-21-2013 I-751 Application check cashed

08-22-2013 I-751 NOA1 received dated 08-16-2013

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I have noticed conflicting advice with regard to filing taxes whilst the spouse of a USA citizen is out of the country. This is the procedure we used. It is recommended that once married, for maximum financial benefit, the spouses file as married, filing jointly. The foreign spouse does NOT need to be in the USA in order to do this.

Firstly, it is impossible to e-file, as e-filers need SSN's for both spouses. As the non USA spouse will not have an SSN, it is necessary to apply for an ITIN number.

The procedure is as follows:

Download IRS form W7, and the instructions from the IRS website.

http://www.irs.gov/pub/irs-pdf/fw7.pdf

http://www.irs.gov/pub/irs-pdf/iw7.pdf

The foreign spouse must complete the form, sign it and send it to the USA spouse complete with a notarized copy of their passport.

On receipt, the USA resident has to file taxes by mail. I highly recommend Turbo Tax 2010, as this program allows a the IRS tax returns to be easily printed and filed. As stated above, you can NOT use the e-file feature, you print the tax return the old fashioned way.

http://turbotax.intuit.com/

Once you have completed (married, filing jointly) and printed the return, gather your supporting documents, attach your foreign spouses completed W7 form to the front, and mail to:

Internal Revenue Service

ITIN Operation

P.O. Box 149342

Austin, TX 78714-9342

You must do this before April 17th 2011. Once this is received, an ITIN number will be issued, and the tax form processed. You should get your refund in around 8 weeks, as it takes 6 weeks to get the ITIN number allocated.

That's all there is to it.

This is a wonderful post with a GREAT explanation!!

I do have another question... Do you have to get your spouse an ITN? For us...that is such a huge process, and expensive for my husband to mail me those forms..AND it would take forever... (from Nepal) Is it possible to file without this?

Thanks!

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Filed: IR-2 Country: China
Timeline

This is a wonderful post with a GREAT explanation!!

I do have another question... Do you have to get your spouse an ITN? For us...that is such a huge process, and expensive for my husband to mail me those forms..AND it would take forever... (from Nepal) Is it possible to file without this?

Thanks!

You can file "Married Filing Seperately" and this does not require the spouses SSN# or signature but there is a considerable difference in the amount you would get back if any. Then when spouse is in the US and has SSN# you can file a 2010 amendment changing to "Married Filing Jointly". Hope this answers your question.


07/07/09 : Married

08/18/09: I-130 Sent to Chicago

08/20/09: I-130 Received by USCIS

08/25/09: NOA1

09/22/09: NOA2

10/05/09: Received case# and gave emails

10/07/09: Received DS-3032 and AOS email

10/09/09: Sent DS-3032 email to optin electronic filing

10/15/09: Paid both AOS & IV fees

10/16/09: Received email electronic filing accepted

10/18/09: Sent AOS via email

10/23/09: Received email that AOS was accepted and waiting for IV

10/27/09: Sent IV via email

11/10/09: Signon to payment failure

11/19/09: Received email for interview - December 14th

12/14/09: Approved for Visa

12/16/09: Received Visa

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You can file "Married Filing Seperately" and this does not require the spouses SSN# or signature but there is a considerable difference in the amount you would get back if any. Then when spouse is in the US and has SSN# you can file a 2010 amendment changing to "Married Filing Jointly". Hope this answers your question.

Thank you! it really does..

I just tried to do that on Turbo Tax... and they are requiring a SS# as well to file separately..

Ugh...

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Thank you! it really does..

I just tried to do that on Turbo Tax... and they are requiring a SS# as well to file separately..

Ugh...

You can proceed on Turbo Tax without the SSN IF you are not electronically filing. You simply leave the foreign spouses SSN blank, and it will warn you, but it allows you to carry on without actually entering it.

I sent my papers off yesterday. Just follow the instructions, and use Turbo Tax 2010 - the actual PC DOWNLOADABLE SOFTWARE, not the website version.

Edited by Val and Gary

04/2010 - Marriage in Weirsdale, Florida

USCIS

07-07-2010 Filed I-130 - K3

07-12-2010 Priority date

07-23-2010 NOA1 (California Service Centre)

11-03-2010 Transfer to Texas Service Centre

01-24-2011 NOA2 NVC

02-26-2011 Case #

02-28-2011 Docs delivered to NVC

03-06-2011 NVC received docs

03-06-2011 NVC SIF & Expedite approved

04-06-2011 Medical exam - Failed (bad cold - shadow on lung)

06-13-2011 2nd Medical exam - Passed

06-22-2011 Interview at London Embassy - denied due to previous overstay (3 year bar)

07-06-2011 I 601 Waiver accepted at London

07-19-2011 MP & Senator wrote to US Embassy to request expedite

08-13-2011 I 601 approved!

08-22-2011 Visa delivered

09-07-2011 POE Orlando - took 20 minutes to be admitted

I-751

08-15-2013 I-751 Received by Vermont service center

08-21-2013 I-751 Application check cashed

08-22-2013 I-751 NOA1 received dated 08-16-2013

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Bouncing up, cos there's lot's of threads on this topic.


04/2010 - Marriage in Weirsdale, Florida

USCIS

07-07-2010 Filed I-130 - K3

07-12-2010 Priority date

07-23-2010 NOA1 (California Service Centre)

11-03-2010 Transfer to Texas Service Centre

01-24-2011 NOA2 NVC

02-26-2011 Case #

02-28-2011 Docs delivered to NVC

03-06-2011 NVC received docs

03-06-2011 NVC SIF & Expedite approved

04-06-2011 Medical exam - Failed (bad cold - shadow on lung)

06-13-2011 2nd Medical exam - Passed

06-22-2011 Interview at London Embassy - denied due to previous overstay (3 year bar)

07-06-2011 I 601 Waiver accepted at London

07-19-2011 MP & Senator wrote to US Embassy to request expedite

08-13-2011 I 601 approved!

08-22-2011 Visa delivered

09-07-2011 POE Orlando - took 20 minutes to be admitted

I-751

08-15-2013 I-751 Received by Vermont service center

08-21-2013 I-751 Application check cashed

08-22-2013 I-751 NOA1 received dated 08-16-2013

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You do not have to mail the form to Austin. Find a local Acceptance Agent near you, take the form there along with the documents they require and they electronically file for your ITIN.


May love and laughter light your days,
and warm your heart and home.
May good and faithful friends be yours,
wherever you may roam.
May peace and plenty bless your world
with joy that long endures.
May all life's passing seasons
bring the best to you and yours!

Service Center : Vermont Service Center
Consulate : Bogota, Colombia
Marriage: 2009-08-01
I-130 Sent : 2009-09-29
I-130 NOA1 : 2009-10-06
I-130 Approved : 2010-03-18
NVC Received : 2010-03-23
Case Completed at NVC : 2010-09-16
Interview Date : December 16, 2010
Interview Result : APPROVED
Visa Received : 12/27/10
US Entry :12/29/10
Two-year green card received: 1/19/11
SSN received: 2/2/11
Lifting of Conditions Filed 10/1/12
Lifting of Conditions NOA 10/9/12
Lifting of Conditions Biometrics Appt 10/31/12

Lifting of Conditions Approved 12/10/12

10-yr green card received 1/8/13

N-400 Naturalization Application 10/1/2013
Marital Bliss: Endless

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I have the SSN but I was not in US for the Tax Year 2010. My wife and I got married in April 2010. Now, 1040 will probably ask how much I made and all that as well right? does anyone know how to deal with this? I earned money and paid taxes in Korea. Furthermore, koreans do not have the W-2s. What documents do we submit to the IRS?


USCIS Journey

04/26/2010--Filed our marriage certificate in Seoul, S.Korea

04/30/2010--Wedding ceremony in Seoul, S.Korea

05/25/2010--NOA1

10/21/2010--Touched

10/22/2010--Touched (crossing fingers)

10/21/2010--NOA2 (not updated online didn't know about it until 10/26)

10/26/2010--Received a hard copy

NVC

10/28/2010--Case# assigned/Gave them both of our emails. Emailed DS3032

11/09/2010--AOS invoice generated online

11/09/2010--Paid AOS bill (processing)

11/09/2010--Sent DS3032 via email again

11/11/2010--AOS bill appeared PAID on line

11/12/2010--Received DS3032

11/15/2010--AOS arrived at NVC (according to USPS)

11/15/2010--Emailed DS3032 (this time with the scanned image)

11/17/2010--IV Bill invoice generated and paid. (in process now)

11/18/2010--IV bill showed PAID. awesome!

11/19/2010--Mailed DS230 (Priority mail because of the weekend)

11/22/2010--DS230 Delivered to NVC

12/03/2010--AOS & IV entered into system

12/08/2010--SIF

12/08/2010--Case Completed

Consulate

12/30/2010--Medical exam passed

01/14/2011--Interview - Approved!

01/17/2010--Visa delivered

USA

02/26/2010--POE

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

I'm going over the w-7 now, and I have a question about my husband using my passport as my ID.

I would not send my original, so a notarized copy is my option. I would do this when applying for my new passport in my married name this coming week (or at least find out how to get copies notarized by them) - SO. my question: do I need to copy ALL pages of my passport, or just biographic data page?


USCIS

Jul 15/11 - Sent I-130 Package from Honolulu

Jul 18/11 - I-130 package received & signed for in Chicago
Jul 19/11 - Priority Date
Jul 21/11 - NOA1/USCIS Acceptance Confirmation received
Jul 29/11 - Received I-797C hard copy
Aug 4/11 - Touched
Feb 16/12 - NOA2 Approval (212 days since Priority Date)


NVC

Feb 28/12 - NVC Case Number, BIN & IIN Assigned, Optin E-mail for EP Sent

Mar 2/12 - DS-261 Submitted
Mar 5/12 - Electronic Processing Opt-in Accepted, AOS Invoiced & Paid
Mar 7/12 - NVC receive IV electronic package, AOS shows "Paid", AOS Package Sent
Mar 9/12 - IV Bill Invoiced & Paid
Mar 12/12 - AOS fee shows as "Not Paid - Rejected": Human error. AOS re-paid.
Mar 13/12 - IV is "Paid." Will have to be re-paid post imminent "Rejected" status. NVC e-mail "Checklist Cover Letter" asking for my $$$
Mar 14/12 - IV is "Rejected - Not Paid", Re-paid, AOS is "Paid"
Mar 16/12 - IV is "Paid", DS-260 submitted & Package sent
Mar 19/12 - IV Package Received
Mar 20/12 - Case Complete E-mail Received (21 days at NVC)


Final Steps

Apr 10/12 - Interview date assigned: May 9 @ 8:30AM

May 1/12 - Medical Date
May 9/12 - Interview result: Approved!
Jun 22/12 - POE
Jul 23/12 - SSN assigned
Aug 10/12 - Green card in hand

ROC

Mar 25/14 - ROC sent to CSC

Mar 28/14 - Package delivered to CSC

Apr 1/14 - Check cashed

Apr 3/14 - Received NOA1, Receipt Date: 3/28

Jun 15/14 - Move to San Diego

Jun 23/14 - RFE / Package sent: Aug 6, ETA Aug 8

Aug 22/14 - New Card in Production

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I'm going over the w-7 now, and I have a question about my husband using my passport as my ID.

I would not send my original, so a notarized copy is my option. I would do this when applying for my new passport in my married name this coming week (or at least find out how to get copies notarized by them) - SO. my question: do I need to copy ALL pages of my passport, or just biographic data page?

Just copy the biographic page, that is all that is necessary. But it needs apostle or notarising as you state.

Edited by Val and Gary

04/2010 - Marriage in Weirsdale, Florida

USCIS

07-07-2010 Filed I-130 - K3

07-12-2010 Priority date

07-23-2010 NOA1 (California Service Centre)

11-03-2010 Transfer to Texas Service Centre

01-24-2011 NOA2 NVC

02-26-2011 Case #

02-28-2011 Docs delivered to NVC

03-06-2011 NVC received docs

03-06-2011 NVC SIF & Expedite approved

04-06-2011 Medical exam - Failed (bad cold - shadow on lung)

06-13-2011 2nd Medical exam - Passed

06-22-2011 Interview at London Embassy - denied due to previous overstay (3 year bar)

07-06-2011 I 601 Waiver accepted at London

07-19-2011 MP & Senator wrote to US Embassy to request expedite

08-13-2011 I 601 approved!

08-22-2011 Visa delivered

09-07-2011 POE Orlando - took 20 minutes to be admitted

I-751

08-15-2013 I-751 Received by Vermont service center

08-21-2013 I-751 Application check cashed

08-22-2013 I-751 NOA1 received dated 08-16-2013

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Filed: Citizen (apr) Country: Russia
Timeline

I have the SSN but I was not in US for the Tax Year 2010. My wife and I got married in April 2010. Now, 1040 will probably ask how much I made and all that as well right? does anyone know how to deal with this? I earned money and paid taxes in Korea. Furthermore, koreans do not have the W-2s. What documents do we submit to the IRS?

It sounds like you would qualify for the Foreign Earned Income exclusion. I would suggest you read the publication in the link below:

Publication 54 - Tax Guide for U.S. Citizens and Resident Aliens Abroad

The Foreign Earned Income exclusion is discussed starting in page 11 of the publication.

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I have the SSN but I was not in US for the Tax Year 2010. My wife and I got married in April 2010. Now, 1040 will probably ask how much I made and all that as well right? does anyone know how to deal with this? I earned money and paid taxes in Korea. Furthermore, koreans do not have the W-2s. What documents do we submit to the IRS?

The foreign income is self reported. You convert it to US dollars at the exchange rate of when it was earned. You don't send anything in to document it, but I suggest you make some kind of notes to put in your records on the slim chance you would be audited. In TurboTax it is reported under Less Common Income. It will also walk you through the Form 2555 Foreign Income Exclusion.

I also prefer the version you install on your computer. I buy the 29.99 Basic version and it does all of the above, plus investments, itemized deductions, capital loss carryover, etc. It does keep suggesting I need Premium along the way, but just click "no thanks" and carry on.


England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

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I have noticed conflicting advice with regard to filing taxes whilst the spouse of a USA citizen is out of the country. This is the procedure we used. It is recommended that once married, for maximum financial benefit, the spouses file as married, filing jointly. The foreign spouse does NOT need to be in the USA in order to do this.

Firstly, it is impossible to e-file, as e-filers need SSN's for both spouses. As the non USA spouse will not have an SSN, it is necessary to apply for an ITIN number.

The procedure is as follows:

Download IRS form W7, and the instructions from the IRS website.

http://www.irs.gov/pub/irs-pdf/fw7.pdf

http://www.irs.gov/pub/irs-pdf/iw7.pdf

The foreign spouse must complete the form, sign it and send it to the USA spouse complete with a notarized copy of their passport.

On receipt, the USA resident has to file taxes by mail. I highly recommend Turbo Tax 2010, as this program allows a the IRS tax returns to be easily printed and filed. As stated above, you can NOT use the e-file feature, you print the tax return the old fashioned way.

http://turbotax.intuit.com/

Once you have completed (married, filing jointly) and printed the return, gather your supporting documents, attach your foreign spouses completed W7 form to the front, and mail to:

Internal Revenue Service

ITIN Operation

P.O. Box 149342

Austin, TX 78714-9342

You must do this before April 17th 2011. Once this is received, an ITIN number will be issued, and the tax form processed. You should get your refund in around 8 weeks, as it takes 6 weeks to get the ITIN number allocated.

That's all there is to it.

Copies of documents must have an Apostille also.


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