Filing Status - Single

[Roosha 51]

So I know there have been so many threads about this topic but I have a specific question that I haven't seen answered yet. Basically I don't have the time to get an ITIN for my husband and also have the added problem that my son (a USC) does not have a SSN. I've looked into applying for one but it will take minimum six months processing time since we live overseas. So here are the filing statuses and my reasons for not choosing them:

Married filing jointly: Don't want to file taxes with husband's income

Married filing separately: No time to file for ITIN number

Head of Household: My son (USC) doesn't have a SSN, need it in order to claim him as dependent and qualify as HOH

Single: Perfect! Don't need any identifying numbers for anyone

My only concern is this: If I file as single on my tax returns will NVC and/or the consular officer take that as reason to deny the visa? I will file amended returns when I actually move back to the states this August but I need to file these now so that there is enough time to get them processed and so I can then request transcripts for the I-864. Also, no matter what status I choose my return is the same, so I'm not getting more or less money either way.

Thanks in advance for any help/advice.

[spn1025 38]

Well, I don't know if this will help you at all, but here's what I'll be doing.

I'm the USC and my wife is in Philippines. I won't be filing a W7 (application for ITIN) with my income tax because I don't feel like having her get the required documents to send with it.

I'll be filing as "Married filing separately." As my wife does not have a SSN or ITIN, I'll be writing "NRA" (non-resident alien) in the spot where it asks for her SSN or ITIN. This is perfectly legal and is even listed in the 1040 instructions.

My wife has no income and will not be filing US taxes.

If I filed "Married jointly", I would need an ITIN for her. If we had children and I claim them as a deduction, I would need an ITIN for the children.

[spn1025 38]

And to answer your question, it should have no effect on your visa case what your husband's filing status is. Your timeline says you've been married for several years... has he been filing single the whole time? You really should get the whole ITIN thing done so he can file "married jointly" and save a lot of money.

[Roosha 51]

Just to clarify, I'm the USC, he is the beneficiary. I have not filed taxes since moving overseas because I never made above the threshold, he is the bread winner. I am now filing back taxes for 2010 and 2011 for the visa process and AOS. My best option is to file Single and the only thing that worries me is if it could be used against us in the visa process.

[NigeriaorBust 4,087]

You are NOT single and that is not a status that you can legally use to file your taxes. And yes it could affect you if they feel you don't have a bonefide relationship, it would be one more nail in the coffin.

[VanessaTony 3,567]

So I know there have been so many threads about this topic but I have a specific question that I haven't seen answered yet. Basically I don't have the time to get an ITIN for my husband and also have the added problem that my son (a USC) does not have a SSN. I've looked into applying for one but it will take minimum six months processing time since we live overseas. So here are the filing statuses and my reasons for not choosing them:

1. Married filing jointly: Don't want to file taxes with husband's income

2. Married filing separately: No time to file for ITIN number

3. Head of Household: My son (USC) doesn't have a SSN, need it in order to claim him as dependent and qualify as HOH

4. Single: Perfect! Don't need any identifying numbers for anyone

My only concern is this: If I file as single on my tax returns will NVC and/or the consular officer take that as reason to deny the visa? I will file amended returns when I actually move back to the states this August but I need to file these now so that there is enough time to get them processed and so I can then request transcripts for the I-864. Also, no matter what status I choose my return is the same, so I'm not getting more or less money either way.

1. Fair enough

2. You file the tax return with the W7 which will issue the ITIN.

3. You will need to amend your return to include him no matter what your filing status

4. It's not perfect, it's technically tax fraud.

The 2012 taxes aren't due until April 15, 2013. They should not be requested by USCIS until closer to that date. You have time to get the ITIN and the transcript by filing correctly as married separately. You will have to adjust your taxes once you get the childs SSN, nothing can be done about that now.

[The Mean Lady 604]

idk why you thinkan itin takes 6 months. it only takes about 3

however i see the issue with filing an itin being which return do you file it with?

since 2012 is due soon, you wont have an option but to file 2012 with the itin.

file 2010 an 2011 as married separate and write nra in hubbies ssn spot

must be a paper file sorry no efile

for everyone always freaking out about filing single- cut it out

the irs didnt want to approve my husbands first itin attempt for no good reason and chose THEMSELVES to file me as single and not even married separate

[KayDeeCee 4,891]

You are not single and therefore cannot file as single.

http://www.irs.gov/uac/Eight-Facts-About-Filing-Status

http://www.irs.gov/publications/p501/ar02.html#en_US_2011_publink1000220721

http://www.irs.gov/Individuals/International-Taxpayers/U.S.-Citizens-and-Resident-Aliens-Abroad---Filing-Requirements

http://www.irs.gov/publications/p54/index.html

[Roosha 51]

idk why you thinkan itin takes 6 months. it only takes about 3

Not ITIN, my son's SSN will take 6 months. If I had that then I could file as Head of Household, no questions asked. But I don't know if I even have 3 months for the ITIN. I don't want to get caught waiting for tax transcripts when it's time to submit AOS packet.

To everyone else: I don't really see why I would get in trouble for filing as single when I could get a better return if I was filing under any other status. Who's going to punish me for NOT taking tax breaks that I might be entitled to? The fact of the matter is that I've tried all the different filing statuses and my return is the same exact thing each time. Not only that, but I will amend everything to Head of Household status once I move back home and am able to get my son's SSN in a timely manner. Won't make a difference in the numbers thought. My return will stay the same.

KDH if I file for ITIN with 2012 return can I do efile for 2012 and then paper file for 2010 and 2011? If I'm going to have to paper file all three years I might as well start working on 2012 so that I can send them all at once!

[spn1025 38]

you can't e-file when on the first year you receive your ITIN. it specifically states that on the IRS website. you have to do paper file.

[spn1025 38]

You are not single and therefore cannot file as single.

http://www.irs.gov/uac/Eight-Facts-About-Filing-Status

http://www.irs.gov/publications/p501/ar02.html#en_US_2011_publink1000220721

http://www.irs.gov/Individuals/International-Taxpayers/U.S.-Citizens-and-Resident-Aliens-Abroad---Filing-Requirements

http://www.irs.gov/publications/p54/index.html

what he said. this is why you can't file Single.

[Roosha 51]

Ok how about this. I file as Head of Household, IRS will process my return but will request my son's missing SSN before they send out any checks. HOWEVER, I'll still be able to request transcripts for AOS packet. Once I reach the states in August I'll get the SSN and send it to IRS and they'll close out my case.

Btw I had a look at getting an ITIN for my husband and yea, that's not happening. How am I going to get all the paperwork certified and stamped? Definitely not going through that process. This visa process is enough, tyvm.

[The Mean Lady 604]

Ok how about this. I file as Head of Household, IRS will process my return but will request my son's missing SSN before they send out any checks. HOWEVER, I'll still be able to request transcripts for AOS packet. Once I reach the states in August I'll get the SSN and send it to IRS and they'll close out my case.

Btw I had a look at getting an ITIN for my husband and yea, that's not happening. How am I going to get all the paperwork certified and stamped? Definitely not going through that process. This visa process is enough, tyvm.

You don't need to supply transcripts.

You can supply copies of the Return with your W2: which maybe in some cases you may not be able to provide so you should instead supply a letter saying why not with each return (IE I made no money).

Filing as head of household w/o his SSN, they will send you, basically like an RFE lol requesting it...

After a few months, they will most likely eventually change your return to single and process it as such.

That was the issue with my 2010 return... they were screwing around with it for so long and eventually just processed it as single (stating other reasons for ITIN denial that were not true)

So, if you can't provide that SSN w/in, I'd estimate 2-3 months, then you're SOL

To everyone else: I don't really see why I would get in trouble for filing as single when I could get a better return if I was filing under any other status. Who's going to punish me for NOT taking tax breaks that I might be entitled to? The fact of the matter is that I've tried all the different filing statuses and my return is the same exact thing each time. Not only that, but I will amend everything to Head of Household status once I move back home and am able to get my son's SSN in a timely manner. Won't make a difference in the numbers thought. My return will stay the same.

This is my exact point on this.

You aren't going to get hauled away and thrown in jail because of it.

You shouldn't do it, because it's incorrect for classification and statistics purposes, but no one is going to come knocking down your door over it.

If that were the case, the IRS would be knocking on their own door when they did it.

My personal opinion on what to do:

Paper File 2010 and 2011 ASAP as Married Separate: Write NRA for husband

Paper File 2012 with ITIN.

Amend 2010 and 2011 after ITIN receipt IF YOU WOULD LIKE TO BUT NOT NECESSARY

Supply Tax Transcripts of 2010 and 2011 only if you can get them in time, otherwise:

Supply Copies of all 1040(ez) forms and W2s (where applicable)

[The Mean Lady 604]

I don't have children, so I don't know, but do you need to supply a SSN regardless of filing status to claim them?

If so, then you'll need to file an amendment on 2012 as well when you get your child's SSN for that refund.

[bigdog 376]

According to your time line you had since 2005 to get this straightened out?