Pay stubs showing 'single' and tax filing ?

[socalgal 0]

Hi everyone -

After getting the NOA back in January, today I received a letter indicating the NVC case number and notice to pay the Processing Fees before the I-130 petition can move on.

In preparing for the next phase, I have copies of my 2011 tax return, 2011 Tax Transcript as well as the most recent pay stubs and pay stubs going back to 3 months (in lieu of an employment letter). My question goes to the pay stubs because toward the top, there's a box reading FW and ST for Federal Withholding and State Withholding and both indicate 'S 01' which I'm guessing is SINGLE and the allowance taken from the W-4. I'm aware that the pay stubs are to show income at or above 125% of the Federal poverty level, but will the 'S 01' designation put things in jeopardy? I'm really hoping that's not the case as the 'S 01' is a clerical error. I'll have to check with Payroll tomorrow AM to see that they do have my updated W-4 and if they can make adjustments.

Thoughts?

Oh, and also a tax filing question: I am the US citizen and hubby is the foreigner (Non-Resident Alien sounds so sci-fi). Is there a good rule of thumb on how to file taxes with a foreign spouse without diving too deeply into Publication 54? Just 'married, filing separately'? I have no worldwide earned income and he has no US earned income to report and is without a SSN or ITIN (waiting on that visa interview).

Thanks.

Edited February 14, 2013 by socalgal

[OnMyWayID 1,489]

My W-4 showed single at the time, it was not an issue. They just wanted confirmation I was employed and the salary level.

[Nich-Nick 3,353]

Hi everyone -

After getting the NOA back in January, today I received a letter indicating the NVC case number and notice to pay the Processing Fees before the I-130 petition can move on.

In preparing for the next phase, I have copies of my 2011 tax return, 2011 Tax Transcript as well as the most recent pay stubs and pay stubs going back to 3 months (in lieu of an employment letter). My question goes to the pay stubs because toward the top, there's a box reading FW and ST for Federal Withholding and State Withholding and both indicate 'S 01' which I'm guessing is SINGLE and the allowance taken from the W-4. I'm aware that the pay stubs are to show income at or above 125% of the Federal poverty level, but will the 'S 01' designation put things in jeopardy? I'm really hoping that's not the case as the 'S 01' is a clerical error. I'll have to check with Payroll tomorrow AM to see that they do have my updated W-4 and if they can make adjustments.

Thoughts?

Oh, and also a tax filing question: I am the US citizen and hubby is the foreigner (Non-Resident Alien sounds so sci-fi). Is there a good rule of thumb on how to file taxes with a foreign spouse without diving too deeply into Publication 54? Just 'married, filing separately'? I have no worldwide earned income and he has no US earned income to report and is without a SSN or ITIN (waiting on that visa interview).

Thanks.

It doesn't matter what your W4 says. That is just a way to gauge how much to hold out of your paychecks.

You will file 2012 as married because on the last day of 2012, you were a married person.

Choices:

1. You marrried filing separately. He files nothing.
   
2. Married filing jointly. You count worldwide income earned in 2012, meaning yours in the US and his in the UK. He needs a SSN or ITIN. He will be eligible for the foreign income exclusion.
   

#2 will almost always give you the lowest tax bill. Here's a thread about how to do the joint tax return if you want to try it both ways to see the difference between 1 and 2. http://www.visajourney.com/forums/topic/412125-turbotax-help-for-joint-filing-2012/

You have the option to amend your return later after he has a SSN if you don't want to get the ITIN before April 15. Basically you need documentation for the ITIN application W7. You can attach the W7 and documentation to the tax return, mail it all to a special address (used to be Austin, TX. May have changed for 2012). The itin will be processed, assigned to the tax return, then the tax return will get processed.

Pub 519 gives a lot of info.

New ITIN info http://www.irs.gov/Individuals/International-Taxpayers/Obtaining-an-ITIN-from-Abroad saying itin can be obtained in London.

[socalgal 0]

Many thanks for the feedback and helpful info on filing!

[socalgal 0]

Hi - I linked to this thread from a separate posting. I'm trying for the filing comparison of joint vs separate. TurboTax Deluxe suggests the same as well. The thing is, TurboTax is asking for information on Community Property as I'm in the state of California. So I'm confused on top of confused. Hubby has been in the UK since Feb-2012 so technically, all his property has not been in the state of California and wouldn't count?

Also, for either option joint or separate, hubby will be asked for SSN / ITIN. New rules went into place dealing with the W7 where the IRS will only accept original documents or certified copies of documents (like passport to prove identity) and the processing time is 8-10 weeks. With payment for NVC fees just posted to my bank account, I'm hoping there will be a request for all original documents soon. So go with certified copies of the passport for the ITIN? Or would that be just creating unnecessary paperwork? My timing with everything is since I waited until filing taxes to think of the SSN/ITIN?

[Rahstyles 10]

WAIT WAIT WAIT A SECOND... WHY DO YOU FILE MARRIED WHEN YOUR IN THE USA AND HIS ABROAD???

WHAT I HEARD IS YOU HAVE TO FILE SINGLE BECAUSE YOUR SPOUSE YOUR TRYING TO BRING OVER DOES NOT HAVE A SSN YET.. SO YOU CAN FILE TOGETHER. YOUR SINGLE UNTIL YOUR SPOUSE COMES TO THE USA WITH A VALID SSN.

ALSO WHY DOES IT MATTER WHAT THE OTHER PERSONS W2 OR IF THEY FILED TAXES... THEY DONT LIVE INT HE USA? OR AM I WRONG?

[speedwell 224]

WAIT WAIT WAIT A SECOND... WHY DO YOU FILE MARRIED WHEN YOUR IN THE USA AND HIS ABROAD???

WHAT I HEARD IS YOU HAVE TO FILE SINGLE BECAUSE YOUR SPOUSE YOUR TRYING TO BRING OVER DOES NOT HAVE A SSN YET.. SO YOU CAN FILE TOGETHER. YOUR SINGLE UNTIL YOUR SPOUSE COMES TO THE USA WITH A VALID SSN.

ALSO WHY DOES IT MATTER WHAT THE OTHER PERSONS W2 OR IF THEY FILED TAXES... THEY DONT LIVE INT HE USA? OR AM I WRONG?

WRONG WRONG WRONG WRONG WRONG

If you are married, you file married, PERIOD. You file married separately and put NRA for your spouse's tax ID number and they don't have to do anything, or you file married joint and apply for an ITIN (a nonresident tax number that is not a SSN).

I just paid a CPA more than seven hundred dollars to prepare my taxes (I had other issues too). He says it is illegal to claim you are single when you are married on the last day of the tax year. There's plenty of information on this site about the RIGHT way to do it and I can tell you more also, but I have to get ready for work now

Edited February 19, 2013 by speedwell

[Rahstyles 10]

WRONG WRONG WRONG WRONG WRONG

If you are married, you file married, PERIOD. You file married separately and put NRA for your spouse's tax ID number and they don't have to do anything, or you file married joint and apply for an ITIN (a nonresident tax number that is not a SSN).

I just paid a CPA more than seven hundred dollars to prepare my taxes (I had other issues too). He says it is illegal to claim you are single when you are married on the last day of the tax year. There's plenty of information on this site about the RIGHT way to do it and I can tell you more also, but I have to get ready for work now

Damn i already changed my w2 to single and filed my taxes already and got my return.. will that hurt my cr1?

[speedwell 224]

Damn i already changed my w2 to single and filed my taxes already and got my return.. will that hurt my cr1?

Actually no, but you should be prepared to say why you filed single (you were acting on bad advice). Also you should file an amended return using the appropriate forms as soon as possible (married filing separately is easiest) so you can show at the interview you made a good-faith effort to fix the error. Just put NRA (non-resident alien) in the box for your spouse's SSN.

[Rahstyles 10]

Actually no, but you should be prepared to say why you filed single (you were acting on bad advice). Also you should file an amended return using the appropriate forms as soon as possible (married filing separately is easiest) so you can show at the interview you made a good-faith effort to fix the error. Just put NRA (non-resident alien) in the box for your spouse's SSN.

I used turbo tax.. i already got my return... .. omg.. do i gotta call the irs?

[speedwell 224]

I used turbo tax.. i already got my return... .. omg.. do i gotta call the irs?

No, just file the amended return. http://www.irs.gov/pub/irs-pdf/f1040x.pdf

Since your filing status has changed to MFS, you may be required to pay a little more. It won't be that much. Don't attempt to file MFJ at this point because you must go through the hoops to get your NRA spouse the ITIN, which requires more forms and time.

And one other thing. If you didn't get married on or before December 31, 2012, and you weren't married to anyone else for any part of 2012, stand down, you were single for tax year 2012.

Edited February 19, 2013 by speedwell

[The Mean Lady 604]

I used turbo tax.. i already got my return... .. omg.. do i gotta call the irs?

No. You will have to file the amended X return for 2012.

Paper form.

Hand write NRA as your spouses' SSN.

Mail in.

/done

You don't need to call anyone or freak out about anything.

Just copy all of the info from your turbo tax print out to the actual X form.