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IR/CR1, Federal Taxes, Married Filing Seperately

By dvd in IR-1 / CR-1 Spouse Visa Process & Procedures

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speedwell Proficient

speedwell   224

Posted
Filed: IR-1/CR-1 Visa Country: United Kingdom
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Posted

1. You can't declare your spouse as an exemption if you are married filing separately. Sorry.

2. If you have other dependents (kids, dependent parent, etc.) and your spouse has not made any income in the US or lived in the US for at least 6 months, you can file Head of Household (filing as if single head of household even though you are married, and this is OK per the IRS). You still can't take your spouse as an exemption.

3. If you file an extension, you are still on the hook to pay the tax you think you will owe by the deadline date of April 15. You can claim it back later with your late filing, but if you don't pay, you can get hit with a penalty.

See my earlier thread on filing while your spouse is in immigration proceedings.

I'm a dual US/Hungarian citizen (both by birth; Hungarian citizenship verification TBA), and my husband is a dual British/Irish citizen (by treaty) from Northern Ireland. We are atheists.

All advice is given pursuant to the Disclaimer that you may read at the bottom of each forum page.

LATEST STEPS:

28 Jun 2013: POE Houston

08 Jul 2013: SSN received (at SSA office)

07 Aug 2013: Green Card received

27 Feb 2014: Whoa, life happened. Planning move "back home" together to Republic of Ireland by end of April.

29 Apr 2014: POE Dublin through Heathrow

15 May 2014: Received formal residency/work permission (GNIB card with Stamp 4, one year renewable) for the ROI

For my FULL timeline, see my "About Me" page.


For small creatures such as we, the vastness is bearable only through love. (Carl Sagan)

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speedwell Proficient

speedwell   224

Posted
Filed: IR-1/CR-1 Visa Country: United Kingdom
 Timeline
Posted

yes,didnt ask them

You have to write NRA in by hand in the SSN box (it means non-resident alien) unless the foreign national has an SSN or ITIN.

I'm a dual US/Hungarian citizen (both by birth; Hungarian citizenship verification TBA), and my husband is a dual British/Irish citizen (by treaty) from Northern Ireland. We are atheists.

All advice is given pursuant to the Disclaimer that you may read at the bottom of each forum page.

LATEST STEPS:

28 Jun 2013: POE Houston

08 Jul 2013: SSN received (at SSA office)

07 Aug 2013: Green Card received

27 Feb 2014: Whoa, life happened. Planning move "back home" together to Republic of Ireland by end of April.

29 Apr 2014: POE Dublin through Heathrow

15 May 2014: Received formal residency/work permission (GNIB card with Stamp 4, one year renewable) for the ROI

For my FULL timeline, see my "About Me" page.


For small creatures such as we, the vastness is bearable only through love. (Carl Sagan)

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shefe Explorer

shefe   6

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

1. You can't declare your spouse as an exemption if you are married filing separately. Sorry.

2. If you have other dependents (kids, dependent parent, etc.) and your spouse has not made any income in the US or lived in the US for at least 6 months, you can file Head of Household (filing as if single head of household even though you are married, and this is OK per the IRS). You still can't take your spouse as an exemption.

3. If you file an extension, you are still on the hook to pay the tax you think you will owe by the deadline date of April 15. You can claim it back later with your late filing, but if you don't pay, you can get hit with a penalty.

See my earlier thread on filing while your spouse is in immigration proceedings.

Do you have documentation or a link for people who filed as Head of Household where their spouse has not made any income in the US or lived in the US for at least 6 months ?

USCIS:
07/07/2012 - I-130 Sent
07/09/2012 - I-130 Received & Accepted
07/12/2012 - NOA1 Received
03/08/2013 - NOA2 Approved
03/13/2013 - NOA2 Received

NVC:
03/18/2013 - Case arrived at NVC
03/29/2013 - Received case #, IIN, gave e-mail addresses
03/29/2013 - E-mailed DS-3032
04/02/2013 - AOS bill invoiced & PAID
04/04/2013 - AOS bill appears as PAID
04/05/2013 - DS-3032 accepted
04/06/2013 - AOS Package sent
04/08/2013 - IV bill invoiced & PAID
04/10/2013 - IV bill appears as PAID
04/10/2013 - IV Package sent
04/22/2013 - AOS/I-864 accepted
04/22/2013 - Case Complete

Embassy:
05/08/2013-Embassy Received

06/05/2013-Medical
06/20/2013-Interview Date
06/20/2013-Interview passed and approved
06/27/2013-Visa at hand
07/13/2013-POE-JFK, NYC

ROC:

04/18/2015 - I-751 Sent
04/20/2015 - Vermont Service Center Received
05/07/2015 - Check Cashed
05/29/2015 - Biometrics Done
02/23/2016-Green Card Ordered for production
03/03/2016-Green Card received at home {Thanks to Jehovah, the Creator}
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speedwell Proficient

speedwell   224

Posted
Filed: IR-1/CR-1 Visa Country: United Kingdom
 Timeline
Posted

Do you have documentation or a link for people who filed as Head of Household where their spouse has not made any income in the US or lived in the US for at least 6 months ?

http://www.irs.gov/Individuals/International-Taxpayers/U.S.-Citizens-and-Resident-Aliens-Abroad---Head-of-Household

I'm a dual US/Hungarian citizen (both by birth; Hungarian citizenship verification TBA), and my husband is a dual British/Irish citizen (by treaty) from Northern Ireland. We are atheists.

All advice is given pursuant to the Disclaimer that you may read at the bottom of each forum page.

LATEST STEPS:

28 Jun 2013: POE Houston

08 Jul 2013: SSN received (at SSA office)

07 Aug 2013: Green Card received

27 Feb 2014: Whoa, life happened. Planning move "back home" together to Republic of Ireland by end of April.

29 Apr 2014: POE Dublin through Heathrow

15 May 2014: Received formal residency/work permission (GNIB card with Stamp 4, one year renewable) for the ROI

For my FULL timeline, see my "About Me" page.


For small creatures such as we, the vastness is bearable only through love. (Carl Sagan)

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shefe Explorer

shefe   6

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

Speedwell,,

Thank you so much someone on this forum was telling me it was wrong filing as head of household but my tax preparer told me i can file as head of household.

Here is a link to the topic http://www.visajourney.com/forums/topic/418551-filling-2012-income-tax/page__st__30

USCIS:
07/07/2012 - I-130 Sent
07/09/2012 - I-130 Received & Accepted
07/12/2012 - NOA1 Received
03/08/2013 - NOA2 Approved
03/13/2013 - NOA2 Received

NVC:
03/18/2013 - Case arrived at NVC
03/29/2013 - Received case #, IIN, gave e-mail addresses
03/29/2013 - E-mailed DS-3032
04/02/2013 - AOS bill invoiced & PAID
04/04/2013 - AOS bill appears as PAID
04/05/2013 - DS-3032 accepted
04/06/2013 - AOS Package sent
04/08/2013 - IV bill invoiced & PAID
04/10/2013 - IV bill appears as PAID
04/10/2013 - IV Package sent
04/22/2013 - AOS/I-864 accepted
04/22/2013 - Case Complete

Embassy:
05/08/2013-Embassy Received

06/05/2013-Medical
06/20/2013-Interview Date
06/20/2013-Interview passed and approved
06/27/2013-Visa at hand
07/13/2013-POE-JFK, NYC

ROC:

04/18/2015 - I-751 Sent
04/20/2015 - Vermont Service Center Received
05/07/2015 - Check Cashed
05/29/2015 - Biometrics Done
02/23/2016-Green Card Ordered for production
03/03/2016-Green Card received at home {Thanks to Jehovah, the Creator}
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speedwell Proficient

speedwell   224

Posted
Filed: IR-1/CR-1 Visa Country: United Kingdom
 Timeline
Posted

Speedwell,,

Thank you so much someone on this forum was telling me it was wrong filing as head of household but my tax preparer told me i can file as head of household.

Here is a link to the topic http://www.visajourney.com/forums/topic/418551-filling-2012-income-tax/page__st__30

It's confusing because the tax forms say Single Head of Household but we tell you not to file single if you are really married on December 31. There is no conflict. In essence you are filing as a weird "married head of household" status that uses the same numbers as the single HOH column to figure your liability. The IRS doesn't make a big deal of it because so few people qualify.

I'm a dual US/Hungarian citizen (both by birth; Hungarian citizenship verification TBA), and my husband is a dual British/Irish citizen (by treaty) from Northern Ireland. We are atheists.

All advice is given pursuant to the Disclaimer that you may read at the bottom of each forum page.

LATEST STEPS:

28 Jun 2013: POE Houston

08 Jul 2013: SSN received (at SSA office)

07 Aug 2013: Green Card received

27 Feb 2014: Whoa, life happened. Planning move "back home" together to Republic of Ireland by end of April.

29 Apr 2014: POE Dublin through Heathrow

15 May 2014: Received formal residency/work permission (GNIB card with Stamp 4, one year renewable) for the ROI

For my FULL timeline, see my "About Me" page.


For small creatures such as we, the vastness is bearable only through love. (Carl Sagan)

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Darnell Grand Master

Darnell   8,478

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

For 2012, I did the Married filing seperately for Federal taxes as my spouse is not in USA and obviously does not have SSN or ITIN. I could have done the Married filing Joint but decided not to go through the hassle of applying for ITIN. In my case, I just put NRA where the spouse’s SSN is requested.

I got a notice from IRS that I cannot claim my spouse as an exemption (line 6b or 1040) as there is no SSN or ITIN recorded. Hence, my tax calculation and refund was adjusted to reflect one exemption (myself).

Did anyone have the same experience? I can try to explain to IRS but they might ask me to get a ITIN. I am planning on ammending the form later anyways, once my spouse is here and has a SSN and adjust for Married filing Joint. Hopefully, that‘s possible..Any feedback on this matter?

Sorry, that's how they (the IRS) rolls.

ITIN not hassle, really.

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

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NikLR Grand Master

NikLR   13,220

Posted
Filed: Lift. Cond. (apr) Country: Canada
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Posted

Sorry, that's how they (the IRS) rolls.

ITIN not hassle, really.

They've changed how they get the ITIN though Darnell. You have to send an original or certified from issuer. So for me that means either my actual passport (YEAH RIGHT! LOL!!) or a certified copy from Passport Canada. By the time I get this, get the ITIN, I'll be moved. LOL (I hope!)

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Darnell Grand Master

Darnell   8,478

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

sssssssssssssh...

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

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