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Filed: Other Country: Bangladesh
Timeline
Posted

Hello All - I'm little puzzled with my taxes for 2012, here's my situation

I'm a citizen,Got married in February 2012 - applied for wife in March 2012 - she got her PR visa in January 2013 - she is scheduled to get here in US first week of April 2013. While trying to file taxes online with HRBlock, the software asked for her SSN which, of course, she doesn't have yet. From researching online, friends and a tax professionla it looks like my viable options are these

1) File extension, wait for her to come and get SSN, then file as "Married filing Jointly"[/b]

>THis is what I'm leaning towards, now, one tax guy told me that since she wasn't in the US in 2012 and didn't get her SSN in 2012, I cannot file jointly with her in 2012 taxes, other people disagreed with this and said I can take this option without any problem.The tax guy however suggested that if she can get here and get her SSN before april 15, then filing "Married filing Jointly" MIGHT BE safe!!

2) Apply for ITIN and File "Married filing Jointly"

>I dont like this, seems troublesome as I have to get her originial passport and so on. Again, the tax guy is telling me that I CANNOT do this for the previously explained reasons, but one of my friend told me he did this without problem

3) File Married filing Separately

>Dont like this, not getting the tax break with this.

Please give me your expert opinion and help me out.

Thanks in advance

Rezwan

Posted

If she has not yet used her visa to come to the US, she is NOT a Permanent Resident. That is only granted in the US. She has an immigrant visa - that's all.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Filed: IR-1/CR-1 Visa Country: Nigeria
Timeline
Posted

1) Since she is coming the first week in April this may be the best option especially if you want to efile.

2) You don't need her original passport to do this. You need to obtain a certified copy of her passport to send in with the Form W7 along with a letter signed by both you and your spouse to be treated as a resident for the 2012 tax year. You will have to file a paper return.

3) If you file with this status now, you can file an amended return after she is in the U.S.

e49zd36va.png
08/09/12 - Married in Lagos, Nigeria
USCIS:
10/23/12 - I-130 Delivered/USCIS Priority Date

01/17/13 - NOA2 Date (85 days)
NVC:
02/05/13: NVC Received
02/21/13: Received Case number/IIN

04/09/13: Case complete

US Embassy Lagos

XX/XX/13: Embassy received

05/06/13: Medical Completed, Need to do Sputum Test

05/15/13: Sputum Test Done - Now the dreaded 8 week wait

06/13/13: Interview Date - Postponed pending results of Sputum Test

07/26/13: Received Medical Report - Negative Result for Sputum Test; sent request to get interview rescheduled
08/21/13: Interview scheduled - ADMINISTRATIVE PROCESSING

10/15/13: Medicals Expire

10/21/13: Congressional Inquiries/Requests for Assistance

10/29/13: Hubby received email Administrative Processing is Complete

10/30/13: Hubby rec'd call from Consulate to drop off new medical and passport; Medical Completed

11/05/13: 2nd Sputum Done - 8 Week Wait Again!!!ranting33va.gif

01/17/14: 2nd Medical Done;Medical Report available for pickup

01/21/14: Hubby dropped off medical and passport. Consulate was closed on the 20th. Was told to pick up visa on Tuesday

01/23/14: CEAC Status says ISSUED

01/28/14: Visa in hand, paid USCIS Immigrant Fee

01/31/14: POE Houston, TX

03/04/14: Applied for SSN - Not in SAVE

03/06/14: Green Card Production

03/14/14: Received Green Card via Priority Mail

05/03/14: Received SSN - Had to wait for DHS verification

ROC

12/29/15: Express mailed I-751

12/31/15: I-751 Receipt Date

01/05/16: Fee cleared account

Posted

Hello All - I'm little puzzled with my taxes for 2012, here's my situation

I'm a citizen,Got married in February 2012 - applied for wife in March 2012 - she got her PR visa in January 2013 - she is scheduled to get here in US first week of April 2013. While trying to file taxes online with HRBlock, the software asked for her SSN which, of course, she doesn't have yet. From researching online, friends and a tax professionla it looks like my viable options are these

1) File extension, wait for her to come and get SSN, then file as "Married filing Jointly"[/b]

>THis is what I'm leaning towards, now, one tax guy told me that since she wasn't in the US in 2012 and didn't get her SSN in 2012, I cannot file jointly with her in 2012 taxes, other people disagreed with this and said I can take this option without any problem.The tax guy however suggested that if she can get here and get her SSN before april 15, then filing "Married filing Jointly" MIGHT BE safe!!

2) Apply for ITIN and File "Married filing Jointly"

>I dont like this, seems troublesome as I have to get her originial passport and so on. Again, the tax guy is telling me that I CANNOT do this for the previously explained reasons, but one of my friend told me he did this without problem

3) File Married filing Separately

>Dont like this, not getting the tax break with this.

Please give me your expert opinion and help me out.

Thanks in advance

Rezwan

I'am a tax professional and my opinion is that you file a “Married Filing Joint” return with your spouse,upon her procural of a valid US Social Security number. You can file for an extension, then you have until October 15th to file your taxes with IRS. This will comply fully with all US filing requirements and afford the best tax scenario. I am in a similar situation as you are and will do the same.

Marriage : 2012-08-24 In Bangladesh

USCIS
2012-09-11: I-130 Sent
2012-09-14: USCIS Received
2012-09-14: I-130 NOA1
2013-01-11: I-130 NOA2 Approved (118 days)

NVC
2013-01-14: NVC Received
2013-01-31: NVC Case # issued/IIN issued
2013-01-31: E-mailed Completed DS-3032
2013-02-06: Received DS-3032 / I-864 Bill (AOS)
2013-02-06: Pay AOS Bill
2013-02-07: AOS Bill Shows Paid
2013-02-08: Sent Completed I-864
2013-02-11: NVC Received I-864 Package
2013-02-13: NVC Accepted DS-3032
2013-02-14: Received IV Bill
2013-02-14: Pay IV Bill
2013-02-15: IV Bill Shows Paid
2013-02-15: IV Packet Sent
2013-02-15: AOS Package accepted
2013-02-19: NVC Received IV Packet
2013-02-25: IV Accepted
2013-02-25: Case Completed at NVC
2013-03-07: Received Instruction Package/Interview Date
2013-03-22: NVC Left

Embassy
2013-03-27: Embassy Received
2013-04-04: Medical
2013-04-17: Interview Date
2013-04-18: Visa Received
2013-04-28: US Entry
2013-xx-xx: SSN Received
2013-05-16: Green Card Received

abp4kt.png

Filed: Timeline
Posted

If she wasn't in the U.S. for more than half of 2012, she would be considered a nonresident alien. But you can elect to treat a nonresident spouse of a resident as a resident, and then file jointly. You both must include a statement making this election. Also, having her treated as resident would make all her global income subject to U.S. taxation, but she would probably be able to use the Foreign earned income exclusion if she hasn't been to the U.S. much during the year.

Filed: Other Country: Bangladesh
Timeline
Posted

I'am a tax professional and my opinion is that you file a “Married Filing Joint” return with your spouse,upon her procural of a valid US Social Security number. You can file for an extension, then you have until October 15th to file your taxes with IRS. This will comply fully with all US filing requirements and afford the best tax scenario. I am in a similar situation as you are and will do the same.

Hi, Thanks for the reply. As the commentor after you said,i'm quoting here, "If she wasn't in the U.S. for more than half of 2012, she would be considered a nonresident alien. But you can elect to treat a nonresident spouse of a resident as a resident, and then file jointly. You both must include a statement making this election.", do you have any information on this?

My wife wasn't here at all since she got visa and she is a student with no Job, so no foreign income

Thanks again.

Posted

Hi, Thanks for the reply. As the commentor after you said,i'm quoting here, "If she wasn't in the U.S. for more than half of 2012, she would be considered a nonresident alien. But you can elect to treat a nonresident spouse of a resident as a resident, and then file jointly. You both must include a statement making this election.", do you have any information on this?

My wife wasn't here at all since she got visa and she is a student with no Job, so no foreign income

Thanks again.

I don't have any further info. If she has no foreign income, then I would suggest for you to report only your income and file the return as "Married Filing Joint."

Marriage : 2012-08-24 In Bangladesh

USCIS
2012-09-11: I-130 Sent
2012-09-14: USCIS Received
2012-09-14: I-130 NOA1
2013-01-11: I-130 NOA2 Approved (118 days)

NVC
2013-01-14: NVC Received
2013-01-31: NVC Case # issued/IIN issued
2013-01-31: E-mailed Completed DS-3032
2013-02-06: Received DS-3032 / I-864 Bill (AOS)
2013-02-06: Pay AOS Bill
2013-02-07: AOS Bill Shows Paid
2013-02-08: Sent Completed I-864
2013-02-11: NVC Received I-864 Package
2013-02-13: NVC Accepted DS-3032
2013-02-14: Received IV Bill
2013-02-14: Pay IV Bill
2013-02-15: IV Bill Shows Paid
2013-02-15: IV Packet Sent
2013-02-15: AOS Package accepted
2013-02-19: NVC Received IV Packet
2013-02-25: IV Accepted
2013-02-25: Case Completed at NVC
2013-03-07: Received Instruction Package/Interview Date
2013-03-22: NVC Left

Embassy
2013-03-27: Embassy Received
2013-04-04: Medical
2013-04-17: Interview Date
2013-04-18: Visa Received
2013-04-28: US Entry
2013-xx-xx: SSN Received
2013-05-16: Green Card Received

abp4kt.png

Filed: Other Country: Bangladesh
Timeline
Posted

I don't have any further info. If she has no foreign income, then I would suggest for you to report only your income and file the return as "Married Filing Joint."

Thanks Everybody for providing enough clue for me to get the rest of it.

It looks like I will have to attach the choice of treating my wife as nonresident alien to be treated as a resident alien to file a joint return. These sites has the detail.. so sic2005 and newacct, both of you are right.

irs.gov/Individuals/International-Taxpayers/Nonresident-Spouse-Treated-as-a-Resident

irs.gov/taxtopics/tc851.html

thanks a lot

Filed: Other Country: Bangladesh
Timeline
Posted

I'am a tax professional and my opinion is that you file a “Married Filing Joint” return with your spouse,upon her procural of a valid US Social Security number. You can file for an extension, then you have until October 15th to file your taxes with IRS. This will comply fully with all US filing requirements and afford the best tax scenario. I am in a similar situation as you are and will do the same.

If you are not due any taxes to IRS, you can file ANYTIME without penalties. It doesn't have to be by Oct 15.

Filed: Citizen (apr) Country: Russia
Timeline
Posted

If you are not due any taxes to IRS, you can file ANYTIME without penalties. It doesn't have to be by Oct 15.

That is partially true. If you wait too long you can lose your refund. You must file your 2012 tax return on or before 4-15-2015 or you will lose your refund.

Filed: Other Country: Bangladesh
Timeline
Posted (edited)

That is partially true. If you wait too long you can lose your refund. You must file your 2012 tax return on or before 4-15-2015 or you will lose your refund.

No, what I said is 100% true. You are confusing "filing return" and "getting a refund" as if they are the same. I didn't make any statement regarding the refund amount. There is NO time limit as to when you can file your return. If you do not owe taxes, there are no penalties.

Edited by Export of Dhaka
Filed: Citizen (apr) Country: Russia
Timeline
Posted

No, what I said is 100% true. You are confusing "filing return" and "getting a refund" as if they are the same. I didn't make any statement regarding the refund amount. There is NO time limit as to when you can file your return. If you do not owe taxes, there are no penalties.

Your statement is only 100% true in the rare case where your tax liability and tax credits are equal. Most returns filed have a net tax due or are a claim for refund or credit.

Filed: Other Country: Bangladesh
Timeline
Posted (edited)

Your statement is only 100% true in the rare case where your tax liability and tax credits are equal. Most returns filed have a net tax due or are a claim for refund or credit.

Once again, you need to understand the terms. Forfeiture of refund amount IS NOT a penalty. Anyway, I'm done.

Edited by Export of Dhaka
Filed: Citizen (apr) Country: Russia
Timeline
Posted

Once again, you need to understand the terms. Forfeiture of refund amount IS NOT a penalty. Anyway, I'm done.

A person that loses their refund because they are mislead by your statement will surely consider it a penalty.

 
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