taxes - filing single vs filing married

[Shenzhen 34]

That is where you are incorrect.

I tried to be proactive and file the W-7 to get my wife's ITN number back in August so when tax time came around I would have it and I could file jointly. My W-7 petition was denied. When I called up the IRS and spoke with their Tax Law Division, they gave me the reasons for the denial.

The primary denial reason was because I had failed to include the tax return... Tax return???? what tax return, we were married in 2011 and I hadn't filed 2011 yet because it was still August. EXACTLY!!!!, they wanted me to file normally and include the W-7 form, along with a letter from my wife indicating that she wanted to be classified for tax purposes as a resident alien for 2011. This will delay your refund for a while because it will need to go to Austin to the ITN division and they will do their thing and then process your tax return.

This is from the IRS' own tax lawywer division. so I would assume it is the correct info. I have decided to wait to file until my wife gets here assuming she gets here by June or so, and I just filed a 2011 tax filing extension (which is good until Oct). As a US citizen it is within your rights to file an extension and there are no penalties (if you don't owe any taxes)for doing this. That way when she gets here and gets her SSN I can just send off the completed tax return with no hassles and the time frame should be about the same anyways if I had to wait for the ITN division to do their thing first.

I too was denied the ITN, but waiting to file the tax return would have been an instant blue slip from the embassy. I had to rush and get the taxes filed it was April her interview was in May they demanded 2010 returns. How could I file married with no ITN no ssn? So I had no problems filing married amended returns. They didn't give us much choices. I would believe this one of those catch 22's.

[StephanieM 60]

So how exactly do I get this ITN number for my husband? Does getting this number take a long time? I'm not really concerned about getting my refund back late, that is fine.

NVM, I think I found my answer. http://www.irs.gov/taxtopics/tc857.html

Edited February 12, 2012 by francis y steph

[Dakine10 5,452]

Here's what my accountant did even though I didn't like it. He filed single I was married for 2 years while I was waiting for her to arrive. I told him I needed to file amended returns for being married. He said I can't do that. Well I fired him. Found another accountant to file for me 2 amended returns after she got here and we got her ssn. I tried the w-7 route I was sent everything back because she didn't file a return with the w-7. She didn't work so I ended up getting some nice returns back. It is very hard to get what they call an I.T.I.N number it's like a temporary ssn. Oh if you don't file your taxes and he is waiting to get here that won't work. I was planning on filing late until she arrived. Turns out that was a mistake on my lawyers part he never told me I must file my taxes in order for her to get her visa. If she passed the interview we would have gotten a blue slip for me not filing last years taxes. I am paying these people accountants and lawyers big money for bad advice. Needless to say I had to rush and get my taxes filed (single) then when she got here I filed the amended returns all turned out well.

Someone previously posted the often repeated advice about seeing a professional and not trusting advice posted on a forum. Your post is a perfect example of why it's not always true. It's a good idea to get information from as many sources as possible.

I took my first cross border tax return to HR block and listened as the guy gave me answers that I knew were wrong to the first 2 topics I wanted to discuss. One thing worse than getting unreliable advice is paying someone to get unreliable advice.

[God fearing 13]

1328983255[/url]' post='5153010']

Do you have a qualifying dependent that would allow him to file HOH?

We have a child together. Does that make it okay to file as HOH?

[God fearing 13]

1328997538[/url]' post='5153232']

This is not true. I've posted about this many times. Read IRS Pub 519, page 9 "Choosing Resident Alien Status".

I filed head of household last year because my wife still did not have her green card. This choice was also given to me by my CPA.

You do have a choice though. You should calculate both ways and file whatever is advantageous for you.

I was a little concerned that filing head of household would not show my relationship with my wife but it didn't even come up at interview so I guess the consulate knows that tax filing status has no bearing on the actual marriage.

This is the route my husband said he was taking

[StephanieM 60]

I called the IRS. The person I spoke to told me I can file joint or separate and if I choose to file separate my husband will NOT need a ITIN number, and I could just put NRA (non-resident alien) on the tax return.

[ceadsearc 516]

I called the IRS. The person I spoke to told me I can file joint or separate and if I choose to file separate my husband will NOT need a ITIN number, and I could just put NRA (non-resident alien) on the tax return.

Yep, this is what we did the first year we were married! It did make it so I couldn't electronically file (because it was coming up as an error to not have two socials) but I mailed it in with "NRA" written in place of my husband's social with no problem.

[yachachiq12 43]

Yep, this is what we did the first year we were married! It did make it so I couldn't electronically file (because it was coming up as an error to not have two socials) but I mailed it in with "NRA" written in place of my husband's social with no problem.

We did the same. Had to mail it in also (from Peru, but it arrived safely).

[barath20 1]

Hi,

has anyone apply for ITIN with Notarized copy of passport or we need to send apostilled copy of the passport?

without the passport we can't get the ITIN.

what are your experience?

Thanks for your help.

[StephanieM 60]

Yep, this is what we did the first year we were married! It did make it so I couldn't electronically file (because it was coming up as an error to not have two socials) but I mailed it in with "NRA" written in place of my husband's social with no problem.

Thanks! This is basically the answer I was looking for the whole time. Happy I finally know what to do!

[StephanieM 60]

Yep, this is what we did the first year we were married! It did make it so I couldn't electronically file (because it was coming up as an error to not have two socials) but I mailed it in with "NRA" written in place of my husband's social with no problem.

So I did everything on turbo tax and obviously was not able to submit the taxes electronically because my husband doesn't have a ssn so an error comes up when I wanna submit. I was however able to print everything, is it okay to send everything i printed and send a copy of my NOA2 with it and state this is why my husband has no ssn?????? :help:

[ceadsearc 516]

So I did everything on turbo tax and obviously was not able to submit the taxes electronically because my husband doesn't have a ssn so an error comes up when I wanna submit. I was however able to print everything, is it okay to send everything i printed and send a copy of my NOA2 with it and state this is why my husband has no ssn?????? :help:

Yes. I didn't even include the NOA, just sent the tax return in with NRA written in place of my husband's social. No problems with IRS or USCIS from it.

[strumfulina 4]

Well...i was reading everything you guys wrote here and i realized we've made a mistake. My husband filled already the forms for tax return and he already received the money back, but he filled everything with 'single' ( we got married on 15th of December 2011 ) because when he tried to put it as married, turbo tax was asking for my SSN and i don't have it yet. As you can tell, we made no research about this because he doesn't have patience to read and i thought he knows what his doing. My questions are: are we going to have problems? is there anything that we can do now?

Thank you for ure answers!

[yachachiq12 43]

File an amended return. See this link.

[ceadsearc 516]

Agreed. Single is the wrong status but can easily be fixed with an amended return.