Tax status for Wife not in US yet but has PR visa

[RezwanMars 0]

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

[Harpa Timsah 13,260]

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.

[srloring13 12]

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.

[CarlosAndSveta 808]

If you file jointly with your wife, do you expect to get a refund?

[sic2005 2]

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.

[newacct 688]

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.

[RezwanMars 0]

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.

[sic2005 2]

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."

[RezwanMars 0]

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

[Export of Dhaka 8]

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.

[CarlosAndSveta 808]

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.

[Export of Dhaka 8]

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 February 11, 2013 by Export of Dhaka

[CarlosAndSveta 808]

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.

[Export of Dhaka 8]

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 February 12, 2013 by Export of Dhaka

[CarlosAndSveta 808]

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.