CR-1 Interview

[yachachiq12 43]

Then what are my options because I e-filed yesterday as single? The IRS asks not to send an amended return until the original is processed which could take up to 3 months. Should I send an amendment in anyway and worry about the IRS confusion later in order to show immigration that I filed married?

The document my wife received said we needed a co-sponsor which I am not getting, would I even need my 2010 return in this case?

Thank you so much for your help. I'm completely lost.

I don't know about your amendment timing, but wanted to throw in our experience that might take away one level of complication from the mess. Our first year married, I filed married filing separately and for the SSN/ITIN, I just wrote "applied for." We hadn't separately applied for one, but we had started the CR-1 process so I thought we had applied for an SSN in a way. Everything my husband earned that year was in Peru and he had never even set foot on US soil, so I knew he had no US tax obligations yet and didn't think the presence or absence of the SSN or ITIN was vital (ITINs are for alien tax payers - what's your wife's situation?). I took a gamble and just wanted to make sure we were filed on time and as married. The IRS amended my return for me, sent me a notice, changed it to married filing jointly, never said a word about the missing SNN or ITIN, and actually increased my return.

The point: you might not need to fret over the ITIN, unless our experience was a fluke. Just be sure you're filing as married somehow.

You may be able to forgo the co-sponsor by cleaning up your tax situation, offering more evidence overall for the finances, and writing a concise letter about why you don't need a co-sponsor. Seriously consider getting there for the next interview (or just the consulate office hours to submit the evidence if that's what you've been asked to do).

[danotoriusodo 0]

I don't know about your amendment timing, but wanted to throw in our experience that might take away one level of complication from the mess. Our first year married, I filed married filing separately and for the SSN/ITIN, I just wrote "applied for." We hadn't separately applied for one, but we had started the CR-1 process so I thought we had applied for an SSN in a way. Everything my husband earned that year was in Peru and he had never even set foot on US soil, so I knew he had no US tax obligations yet and didn't think the presence or absence of the SSN or ITIN was vital (ITINs are for alien tax payers - what's your wife's situation?). I took a gamble and just wanted to make sure we were filed on time and as married. The IRS amended my return for me, sent me a notice, changed it to married filing jointly, never said a word about the missing SNN or ITIN, and actually increased my return.

The point: you might not need to fret over the ITIN, unless our experience was a fluke. Just be sure you're filing as married somehow.

You may be able to forgo the co-sponsor by cleaning up your tax situation, offering more evidence overall for the finances, and writing a concise letter about why you don't need a co-sponsor. Seriously consider getting there for the next interview (or just the consulate office hours to submit the evidence if that's what you've been asked to do).

I asked a my tax professional and he said per IRS Pub 519 we can't legally file anything but single because she doesn't meet the physical presence test and that he was going to draft a letter to Immigration for me to bring to the interview stating these facts. I just want to get this right. My wife had no income either in 2010 so it would only be to my benefit as well.

[kennym 275]

I asked a my tax professional and he said per IRS Pub 519 we can't legally file anything but single because she doesn't meet the physical presence test and that he was going to draft a letter to Immigration for me to bring to the interview stating these facts. I just want to get this right. My wife had no income either in 2010 so it would only be to my benefit as well.

Hmmm

there seems to be a disconnect.. I was considering marrying my now wife while she was in COlombia, and if she's your wife, the Tax Rep at the IRS ran me throught the test, and she qualified as my spouse on my return.. I ended up not getting married in Colombia, but I do specifically remember that I could have claimed her on my return.. An ITIN number is needed which can be complex to apply for, because you have to prove forreigh status.. but a notorized copy of her forreign passport should do the trick...

Kenny

[sunshine79 7]

I asked a my tax professional and he said per IRS Pub 519 we can't legally file anything but single because she doesn't meet the physical presence test and that he was going to draft a letter to Immigration for me to bring to the interview stating these facts. I just want to get this right. My wife had no income either in 2010 so it would only be to my benefit as well.

That doesn't make sense. On the W-7 (ITIN form) it even has an option for NONresident alien. In my case I chose "E" for Spouse of US Citizen. The presence test is only to determine if you are a nonresident or resident alien. You need not be a resident alien to file.

[DaveE 178]

I asked a my tax professional and he said per IRS Pub 519 we can't legally file anything but single because she doesn't meet the physical presence test and that he was going to draft a letter to Immigration for me to bring to the interview stating these facts. I just want to get this right. My wife had no income either in 2010 so it would only be to my benefit as well.

Here is a cut an paste from 519: "Nonresident Spouse Treated as a Resident

If, at the end of your tax year, you are married and one spouse is a U.S. citizen or a resident alien and the other spouse is a nonresident alien, you can choose to treat the nonresident spouse as a U.S. resident. This includes situations in which one spouse is a nonresident alien at the beginning of the tax year, but a resident alien at the end of the year, and the other spouse is a nonresident alien at the end of the year.

If you make this choice, you and your spouse are treated for income tax purposes as residents for your entire tax year. Neither you nor your spouse can claim under any tax treaty not to be a U.S. resident. You are both taxed on worldwide income. You must file a joint income tax return for the year you make the choice, but you and your spouse can file joint or separate returns in later years.

I am certainly not a tax guy, but as I understand it, a non resident alien in one who doesn't meet the physical presence test, yet this says you can file jointly.

[yachachiq12 43]

I asked a my tax professional and he said per IRS Pub 519 we can't legally file anything but single because she doesn't meet the physical presence test and that he was going to draft a letter to Immigration for me to bring to the interview stating these facts. I just want to get this right. My wife had no income either in 2010 so it would only be to my benefit as well.

That's not true. You need to consult with another tax professional. Read Pub 519 yourself and you will find that your wife is a nonresident alien with whom you can file.

http://www.irs.gov/publications/p519/index.html

Her lack of income would be a benefit to you if filing as married, not single (for the majority of taxpayers, at least). File as married, say you have applied for the number (have her send in her embassy-authorized copy of passport for the ITIN from abroad to be safe), and put that she has no income. While she is awaiting the number you won't be able to e-file. It will have to be in hard copy so you can fill in "applied for."

http://www.irs.gov/individuals/article/0,,id=96287,00.html

http://www.irs.gov/businesses/small/international/article/0,,id=96690,00.html

However, it seems to me that if you file married filing separately then she is not a "taxpayer" and therefore does not need an ITIN.

Edited September 28, 2011 by yachachiq12

[yachachiq12 43]

If you make this choice, you and your spouse are treated for income tax purposes as residents for your entire tax year. Neither you nor your spouse can claim under any tax treaty not to be a U.S. resident. You are both taxed on worldwide income. You must file a joint income tax return for the year you make the choice, but you and your spouse can file joint or separate returns in later years.

I am certainly not a tax guy, but as I understand it, a non resident alien in one who doesn't meet the physical presence test, yet this says you can file jointly.

Yes, this is an important point too. There would be no harm in signing to allow her to be considered an alien resident since she earned nothing and it will not put any more tax burden on the OP. But, again, it isn't necessary...

[felo391971 4]

I file singel last year after a visist to my local IRS Office and some conversation w. a family memeber that works for the IRS .

I had no problems i may lost some money.

For me by that time was putting in the Balance the time and effort of maybe 400 dollars or lose some vacations that are more value to me than 400

I did enter our child as he had a SS# and nobody could claim him other than ,me

Good Luck