HELP: I listed "single" on my Federal Tax Returns while Married

[spn1025 38]

http://www.irs.gov/pub/irs-pdf/i1040.pdf

See page 13 about Married Filing Separately.

"If your nonresident alien spouse does not have a SSN or ITIN and is not required to have one, enter "NRA".

With that said, I'll just be going this route since my foreign spouse has no income and I don't feel like getting the additional paperwork for W7 to file jointly.

I'll play around with TurboTax first to see how much money I could have saved if I filed jointly.

[The Mean Lady 604]

it worked for us for 2011 with no issues whatsoever. And it was done by a CPA, I'm pretty sure he would know the tax laws

wow...if he could figure it out himself he wouldn't be asking for advice

What you mean, "wow" they took the quiz, got an answer, seemed satisfied, and said thanks.

I see no reason for a "wow" here

[rodceasar 34]

You should be fine! I also filed as single through advice from my tax accountant. Since my wife did not have a social security number nor worked/visited the US. The advice was to file as sinlge and once spouse arrives and receives social, to amend the taxe return for the previous year, which I did. There were no issues with the IRS or was it even inquired about during visa interview.

I wouldn't lose any sleep over this concern!

[JustUs 3]

I filed single head of household for 2010 and 11 - married in 2010. No problems with the affadavit of support at the embassy. Over the summer we completed the W-7 process and my husband received his ITIN - I ammended both the 2010 and 2011 return and received a larger refund. The W-7 process is a very simple form, just required husband signature and notarized copy of I believe his driver's license and/or passport. All is well.

[pushbrk 12,106]

I filed single head of household for 2010 and 11 - married in 2010. No problems with the affadavit of support at the embassy. Over the summer we completed the W-7 process and my husband received his ITIN - I ammended both the 2010 and 2011 return and received a larger refund. The W-7 process is a very simple form, just required husband signature and notarized copy of I believe his driver's license and/or passport. All is well.

For some, the issue of obtaining the notarized copy of passport can be pretty difficult; difficult enough, they decide to wait until the foreign spouse arrives WITH the passport in hand.

[The Mean Lady 604]

For some, the issue of obtaining the notarized copy of passport can be pretty difficult; difficult enough, they decide to wait until the foreign spouse arrives WITH the passport in hand.

Actually, the passport copy no longer has to be notarized, it's worse now.

It has to be a certified copy of the passport from the issuing agency.

Thank god I just missed that rule change.

You have to travel quite a ways to the passport agency up here.

3. The original documents, or certified copies of these

documents from the issuing agency, that support the information

provided on the Form W-7. The supporting documentation must

be consistent with the applicant's information provided on Form

W-7. For example, the name, date of birth, and country(ies) of

citizenship must be the same as on Form W-7, lines 1a, 4, and

6a.

You can submit copies of original documents if you do any of

the following.

Have the copies certified by the issuing agency.

Have the officers at U.S. Embassies and Consulates overseas

provide certification and authentication services. Contact the

Consular Section, American Citizens Services of the U.S.

embassy or consulate in advance to determine the hours of

operation for these services.

Proving your "foreign status" or “identity.” If you submit an

original valid passport (or a certified copy from the issuing

agency), you do not need to submit any other documents to

prove your “foreign status” or “identity.” Otherwise, you must

submit at least two of the documents listed in the chart below.

The documents must be current*, verify your identity (that is,

contain your name), and support your claim of foreign status. At

least one document must contain your photograph, but a

photograph is not required if documents are submitted for a

dependent under age 14 (under

Probably easiest to just get a copy of your birth certificate which I'm seeing is sufficient enough.

[IT_1 0]

Hey Guys,

First of all not trying to mess with MO 1689 post, just posting my question in same so we can have one related post for everyone. If someone has issue can post in new one...

I been reading this post and have/had hard time to get clear answer how to file this year tax return. I got married this year and my spouse is outside the USA and doesnt work, also case is with USCIS. Now time to file tax return but not sure what will be my filling status? also we dont have any kid. Please provide tip, I read this post but still confuse about filling status...

Please help me to find to the point answer... I dont want any issue for my spouse at the time of interview...

1: Head of Household?

2: Married filing separately?

3: Single (Which I think not for me)

Thanks In advance...

[pushbrk 12,106]

Hey Guys,

First of all not trying to mess with MO 1689 post, just posting my question in same so we can have one related post for everyone. If someone has issue can post in new one...

I been reading this post and have/had hard time to get clear answer how to file this year tax return. I got married this year and my spouse is outside the USA and doesnt work, also case is with USCIS. Now time to file tax return but not sure what will be my filling status? also we dont have any kid. Please provide tip, I read this post but still confuse about filling status...

Please help me to find to the point answer... I dont want any issue for my spouse at the time of interview...

1: Head of Household?

2: Married filing separately?

3: Single (Which I think not for me)

Thanks In advance...

The answers have already been given in this thread.

[IT_1 0]

The answers have already been given in this thread.

I am confused what you guys been going back and fourth, thats why I asked. I am trying to be clear as much possible..can someone just pointout correct option without deatil plz.

Edited January 1, 2013 by IT_1

[pushbrk 12,106]

I am confused what you guys been going back and fourth, thats why I asked. I am trying to be clear as much possible..can someone just pointout correct option without deatil plz.

You select among multiple acceptable options.

[CarlosAndSveta 808]

Hey Guys,

First of all not trying to mess with MO 1689 post, just posting my question in same so we can have one related post for everyone. If someone has issue can post in new one...

I been reading this post and have/had hard time to get clear answer how to file this year tax return. I got married this year and my spouse is outside the USA and doesnt work, also case is with USCIS. Now time to file tax return but not sure what will be my filling status? also we dont have any kid. Please provide tip, I read this post but still confuse about filling status...

Please help me to find to the point answer... I dont want any issue for my spouse at the time of interview...

1: Head of Household?

2: Married filing separately?

3: Single (Which I think not for me)

Thanks In advance...

Your choices are Married Filing Jointly or Married Filing Separately. In either case you will not be able to file your tax return electronically since your spouse does not have an SSN or ITIN. The easiest choice is to file as Married Filing Separately and then amend your return to change the filing status to Married Filing Jointly once your spouse gets his/her SSN.

I have submitted a suggestion to the Taxpayer Advocates Office that they change the e-filing requirements to allow people to e-file as Married Filing Separately by making "NRA" an acceptable entry for a taxpayer's spouse SSN.

Edited January 1, 2013 by CarlosAndSveta

[Darnell 8,478]

you could also file 'married filing jointly'

there's a cool option, for 'married filing jointly'

you fill out the tax form, both spouses sign it.

foreign spouse fills out the w-7 form, signs it.

the two of you sign a letter that states the two of you are electing that the foreign spouse be considered a resident alien for tax purposes.

submit all into the special w-7 intake address in Austin TX.

expect a paper check on the refund.

Good Luck ! My wife and I did this - the thing that makes a difference is to fulfill the ID requirements from the w-7 instructions.

Hey Guys,

First of all not trying to mess with MO 1689 post, just posting my question in same so we can have one related post for everyone. If someone has issue can post in new one...

I been reading this post and have/had hard time to get clear answer how to file this year tax return. I got married this year and my spouse is outside the USA and doesnt work, also case is with USCIS. Now time to file tax return but not sure what will be my filling status? also we dont have any kid. Please provide tip, I read this post but still confuse about filling status...

Please help me to find to the point answer... I dont want any issue for my spouse at the time of interview...

1: Head of Household?

2: Married filing separately?

3: Single (Which I think not for me)

Thanks In advance...

[Ismael&Blair 66]

To Mo1689

Here is a link to a tool on the IRS website that helps you figure out your filing status:

What is my filing status?

If you answer the questions truthfully you will get your correct filing status.

If you are married then Single is not a proper filing status. The three remaining options are Married Filing Jointly, Married Filing Separately, and in special circumstances Head of Household. A Non Resident Alien spouse whose income, if any, is earned outside of the U.S. is not required to file a U.S. income tax return.

Thank you soooooooooo much for this topic. It has been very helpful and it clarified how I will be filing my taxes! I think Visa Journey rocks! Thanks!!

[rade2rising 205]

which of these 3 options of filing results in biggest refund/less taxes??? thats the only question that really matters.

[pushbrk 12,106]

Actually, the passport copy no longer has to be notarized, it's worse now.

It has to be a certified copy of the passport from the issuing agency.

Thank god I just missed that rule change.

You have to travel quite a ways to the passport agency up here.

Probably easiest to just get a copy of your birth certificate which I'm seeing is sufficient enough.

Then look again. I've never seen a birth certificate with a photo on it. If you don't use the passport, you must have two from the other list, of which ONE must have your photo on it.