Tax Return

[AnhDoiEm 9]

Dont know where to put this topic, I use too file as single on my income tax return, NOW I am marry but my wife still oversea we already on the process CR1 application. My question is do I still file as single or marry? thank you for your input.

[bsd058 296]

This is a tax question more suitable for an accountant or tax specialist.

[GandA5510 4]

Dont know where to put this topic, I use too file as single on my income tax return, NOW I am marry but my wife still oversea we already on the process CR1 application. My question is do I still file as single or marry? thank you for your input.

my answer is yes you put single, because if you read your W4 it says "note. If married, but legally seperated, or spouse is a nonresident alien, check the "single" box. I check single because my husband is a nonresident alien.

[Reyan 56]

For the 2012 tax season, you will file as either married separately/jointly (your wife would need a ITIN to file jointly, or head of household if you meet certain tests.

http://www.irs.gov/publications/p17/ch02.html

[Arlington 5]

For the 2012 tax season, you will file as either married separately/jointly (your wife would need a ITIN to file jointly, or head of household if you meet certain tests.

http://www.irs.gov/publications/p17/ch02.html

Right--The applicable paragraph points to another document.

"Nonresident alien or dual-status alien. A joint return generally cannot be filed if either spouse is a nonresident alien at any time during the tax year. However, if one spouse was a nonresident alien or dual-status alien who was married to a U.S. citizen or resident alien at the end of the year, the spouses can choose to file a joint return. If you do file a joint return, you and your spouse are both treated as U.S. residents for the entire tax year. For information on this choice, see chapter 1 of Publication 519."

My wife and I did this for CY2007 (she didn't enter until 2008). We had to include a "Declaration That Non-Resident Spouse Be Treated as Resident" (I wrote this up in a few short sentences, and which we both signed and had notarized) and her application for an ITIN number. Her income was small compared to mine, so it worked out. We got a nice refund, as my withholding had been low. In place of a W-2, I wrote up a page that she had notarized stating the name of her employer and that her income was $X. This was sufficient for the IRS.

[Arlington 5]

One additional consideration I just remembered. As you will be filing jointly, the refund check will be in both of your names. This means you need to deposit it into an account that has both of your names on it. Unfortunately for us, that meant waiting for more than 6 months until she was able to enter the U.S. and we could go to the bank and open our joint account. And boy did we need that money! :whistle:

Edited October 25, 2012 by Arlington

[I AM NOT THAT GUY 5,715]

Right--The applicable paragraph points to another document.

"Nonresident alien or dual-status alien. A joint return generally cannot be filed if either spouse is a nonresident alien at any time during the tax year. However, if one spouse was a nonresident alien or dual-status alien who was married to a U.S. citizen or resident alien at the end of the year, the spouses can choose to file a joint return. If you do file a joint return, you and your spouse are both treated as U.S. residents for the entire tax year. For information on this choice, see chapter 1 of Publication 519."

My wife and I did this for CY2007 (she didn't enter until 2008). We had to include a "Declaration That Non-Resident Spouse Be Treated as Resident" (I wrote this up in a few short sentences, and which we both signed and had notarized) and her application for an ITIN number. Her income was small compared to mine, so it worked out. We got a nice refund, as my withholding had been low. In place of a W-2, I wrote up a page that she had notarized stating the name of her employer and that her income was $X. This was sufficient for the IRS.

Correct. Also, non-resident spouse has to declare world-wide income, but can also exclude the first $92,900 of any foreign earned income. See IRS form 2555.

[TBoneTX 43,059]

*** Thread moved from U.S. Citizenship forum to General Immigration Discussion -- subject is not about the citizenship process. ***

Edited October 25, 2012 by TBoneTX