tax filing

[immiprocess 1]

I got married last year and applied I-130 for my spouse. If everything goes fine, I will expect NOA2 in March/April 2012.

I have also started to collect necessary document for I-864 form. It says that I need to submit last three years of tax transcript.

As you know I am married and my spouse reside in foreign country. Now, my question is related to tax form 1040.

More specifically, I supposed to write my status as married. Keep in mind, I will use tax transcripts of 2011, 2010 and 2009 with I-864 form.

I am confused with many post, some people suggest single status while other insist married.

Please help me if you guys ever been in this situation.

Edited January 16, 2012 by immiprocess

[Darnell 8,478]

there is 'married filing jointly'

and

'married filing seperately'

which filing status do you wish to use?

if MFJ, then she needs, soonish, an ITIN.

Please study the IRS Form W-7 and it's instructions, be prepared to file a paper return with the W-7 and the ID documents AND the special cover letter to the W-7 intake address in Austin, TX.

now, for 3 years o tax data - you can't choose to be filing 'married anything' prior to the year of marriage, aye?

So don't try to do that - it's messy and you don't wanna have yer lass go through those special interview questions on interview day..

Edited January 16, 2012 by Darnell

[I AM NOT THAT GUY 5,715]

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

[rozi 0]

I'm telling u my exprinced...they don't asked for 3 yes transcript anymore.only one year.. And it's last year unmarried.. I mean u change it after he comes here.cause I did it for my self and for my brother..his wife already came here.. I'm telling. Wit my experienced.. Hope not giving u something wrong

[EAbbas 213]

Islamabad does insist on 3 yrs tax returns so even tho it's optional it's best to send them.

[immiprocess 1]

EAbbas: i will send 3 years of tax retruns, and job letter too.

Thanks for information.

[talean nawaz 41]

Islamabad does insist on 3 yrs tax returns so even tho it's optional it's best to send them.

I only used one year and got through Islamabad with no tax inquiries. The only issue I had with them was something different, which was a headache, but after research, was resolved quite quickly.

[TedM 9]

there is 'married filing jointly'

and

'married filing seperately'

which filing status do you wish to use?

if MFJ, then she needs, soonish, an ITIN.

Please study the IRS Form W-7 and it's instructions, be prepared to file a paper return with the W-7 and the ID documents AND the special cover letter to the W-7 intake address in Austin, TX.

now, for 3 years o tax data - you can't choose to be filing 'married anything' prior to the year of marriage, aye?

So don't try to do that - it's messy and you don't wanna have yer lass go through those special interview questions on interview day..

Yes, this. The W-7 (the form to request an Individual Tax Identification Number (ITIN) requires identification from your spouse, proving identity and foreign citizenship. The easiest is a certified copy of the passport from the foreign issuing authority.

There are also some somewhat complicated tax issues when you file with a non-resident alien spouse. First, you have to write the cover letter referenced above and each sign it; this cover letter must plainly state that the foreign spouse wishes to be considered a resident alien for tax purposes only. This does not confer any resident legitimacy status. This is binding for all future years, unless you notify the IRS to suspend the election.

Then, when you file a joint return with a non-resident alien, you have to declare all your worldwide income, including the spouse's from a foreign country. You all will have to provide some sort of documentation of income for the spouse; because other countries handle income reporting and taxes differently, the IRS is fairly lenient on this paperwork. So, you do have to combine your salaries, even though the spouse's is not U.S. income; however...there is an income exemption for foreign income--for 2011 that exemption is $92,900USD. To take the exemption (and declare the foreign income), you need to file IRS form 2225.

Then, as said above, you need to take all of this and file a paper return to the address listed with the W-7. Note that it takes up to 3 months to get the ITIN, then they process the tax return. So if you're getting a refund, you're probably looking at 4-6 months to get that.

[EAbbas 213]

I only used one year and got through Islamabad with no tax inquiries. The only issue I had with them was something different, which was a headache, but after research, was resolved quite quickly.

Then your very lucky because recently there have been several people that didn't have 3 yrs tax returns and they were given a 221g asking for them. However maybe it was different because you also had a co sponsor. But it's always better to go ahead and have it ready rather than to get a 221g at interview for something this easy to get.

Edited January 18, 2012 by EAbbas