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Country: Mexico
Timeline
Posted

Help!! I was going to file my taxes today. However, the lady that was filling out the paperwork said that I would have to file as married which I knew, but that since he wasn't here in the States that I should have to file for an ITIN number? But that I should have the original DL, passport, and birth certificate to even start to file. However, like my husband and I were talking and were wondering why or how am I suppose to have his things here and he be in Colombia I mean that's his ID in his home country. So my question what do you guys recommend that I do file as single, or file as married filing separate? I know that they are going to ask us why I would file as single right??

I don't think that I'm making any sense.

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Filed: Citizen (apr) Country: Argentina
Timeline
Posted

You should definitely not file as single. "Married filing separately" is your best option. You do not need a social security number, nor an ITIN, for your spouse to file this way.

When your spouse arrives in the US, they will get a social security number, and then you should file "married filing jointly", which gives the majority of people a nice tax break.

Country: Mexico
Timeline
Posted

You should definitely not file as single. "Married filing separately" is your best option. You do not need a social security number, nor an ITIN, for your spouse to file this way.

When your spouse arrives in the US, they will get a social security number, and then you should file "married filing jointly", which gives the majority of people a nice tax break.

See that's what we thought too. Thanks!

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

you can file mfj with certified copies of documents to prove the identy of your husband. Below is the link to w7 instructions

www.irs.gov/pub/irs-pdf/iw7.pdf 

The original documents, or certified copies of these documents from the issuing agency, that support the information provided on the Form W-7. The supporting documentation must be consistent with the applicant's information provided on Form W-7. For example, the name, date of birth, and country(ies) of citizenship must be the same as on Form W-7, lines 1a, 4, and 6a.

You can submit copies of original documents if you do any of the following.

Have the copies certified by the issuing agency.

 

Proving your "foreign status" or "identity." If you submit an original valid passport (or a certified copy from the issuing agency), you do not need to submit any other documents to prove your "foreign status" or "identity." Otherwise, you must submit at least two of the documents listed in the chart below.

 

Civil birth certificates

8-16-13 Married

9-16-13 I-130 Mailed

9-20-13 NOA1

3-04-14 Transferred to CSC

3-12-14 NOA2

3-26-14 Received NVC

5-3-14 Received DS-261/AOS bill

5-3-14 Paid AOS bill

5-3-14 Submitted DS-261

5-8-14 Mailed AOS Package

5-8-14 Received IV bill

5-8-14 Paid IV bill

5-9-14 UPS documents to NVC

5-10-14 Sent DS 260

6-12-14 Case complete

9-8-14 interview---- approved

Filed: K-3 Visa Country: Colombia
Timeline
Posted

if your married then file as married jointly is best if you want a better refund back on tax your return it don't matter if your spouse is in another country. an not a us citizen. put NRS in the box for your spouse as the ssn .or you can download the w-7 from IRS.GOV and the instructions your ID and other documents send your 1040 and the w-7 together it must be mailed to the Austin tx IRS OFFICE ONLY that's the only dept that handles the w-7.

Country: Mexico
Timeline
Posted

you can file mfj with certified copies of documents to prove the identy of your husband. Below is the link to w7 instructions

www.irs.gov/pub/irs-pdf/iw7.pdf 

The original documents, or certified copies of these documents from the issuing agency, that support the information provided on the Form W-7. The supporting documentation must be consistent with the applicant's information provided on Form W-7. For example, the name, date of birth, and country(ies) of citizenship must be the same as on Form W-7, lines 1a, 4, and 6a.

You can submit copies of original documents if you do any of the following.

Have the copies certified by the issuing agency.

 

Proving your "foreign status" or "identity." If you submit an original valid passport (or a certified copy from the issuing agency), you do not need to submit any other documents to prove your "foreign status" or "identity." Otherwise, you must submit at least two of the documents listed in the chart below.

 

Civil birth certificates

Thanks! Atleast now I know we have options:) Would a copy of his current passport work? How would I ceritify that?

ob5fqt98.png
Country: Mexico
Timeline
Posted

if your married then file as married jointly is best if you want a better refund back on tax your return it don't matter if your spouse is in another country. an not a us citizen. put NRS in the box for your spouse as the ssn .or you can download the w-7 from IRS.GOV and the instructions your ID and other documents send your 1040 and the w-7 together it must be mailed to the Austin tx IRS OFFICE ONLY that's the only dept that handles the w-7.

i've tried putting NRS in the SSN box but it won't let me. The refund amount doesn't matter at this point just to show that I did file as married. Geez does that sound mean?

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Posted

No a normal copy will not work. He would need to go to the issuer to get a certified copy. It's just like having a certified copy of a birth certificate or marriage certificate. You do not certify it, the issuer does.

You also do not need an ITIN to file as Married Filing Separately. You will likely need to file by hand (print out the tax return and mail it in with NRA written in the SSN spot) or try H&R block who recently allowed someone to file electronically without an SSN as well.

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

 

Country: Mexico
Timeline
Posted

No a normal copy will not work. He would need to go to the issuer to get a certified copy. It's just like having a certified copy of a birth certificate or marriage certificate. You do not certify it, the issuer does.

You also do not need an ITIN to file as Married Filing Separately. You will likely need to file by hand (print out the tax return and mail it in with NRA written in the SSN spot) or try H&R block who recently allowed someone to file electronically without an SSN as well.

Thanks NLR! I figured he would have to send me a certified copy of his passport but the its snail mail after lol.... Now to figure out how to fill out these forms.

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

Help!! I was going to file my taxes today. However, the lady that was filling out the paperwork said that I would have to file as married which I knew, but that since he wasn't here in the States that I should have to file for an ITIN number? But that I should have the original DL, passport, and birth certificate to even start to file. However, like my husband and I were talking and were wondering why or how am I suppose to have his things here and he be in Colombia I mean that's his ID in his home country. So my question what do you guys recommend that I do file as single, or file as married filing separate? I know that they are going to ask us why I would file as single right??

I don't think that I'm making any sense.

Hi ! It's that time of year !

Luckily, much written about this, a year ago, as well.

I like it that taxes are yearly.

I don't like that it seems harder to find the topics where these types of threads were answered completely.

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.

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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 !

 

Filed: Timeline
Posted

You can file single if you are married and file an amended return later if you have concerns about SSN. Or you can file married and put NRA (non resident alien) in the SSN box. If you really want you can file a W-7 with your tax return for an ITIN with certified copies of your documents. Certified! Not Notarized! there is a difference.

The tax law requires you to file as what ever your status was at the last day of the tax year: single/married. If you file single while you are married and the IRS audits you they will owe you money; that audit is going to get swept under the rug and forgotten. Has anyone ever heard of the IRS willing stuffing money in your pockets? If your single and file married and then get audited the IRS is coming after you for the money + fines + interest.

The only benefit of married and filing separately is you assume no financial liability for your spouses tax dealings. But in many cases you'll own as much or more in taxes than filing single. Tax law is never cut and dry. It's like this by design. I've been audited once. I didn't have to do a thing and got a 22 cent refund out of it due to over payment. I remember getting the letter and being scared; now I'm not afraid of audits.

Country: Mexico
Timeline
Posted

You can file single if you are married and file an amended return later if you have concerns about SSN. Or you can file married and put NRA (non resident alien) in the SSN box. If you really want you can file a W-7 with your tax return for an ITIN with certified copies of your documents. Certified! Not Notarized! there is a difference.

The tax law requires you to file as what ever your status was at the last day of the tax year: single/married. If you file single while you are married and the IRS audits you they will owe you money; that audit is going to get swept under the rug and forgotten. Has anyone ever heard of the IRS willing stuffing money in your pockets? If your single and file married and then get audited the IRS is coming after you for the money + fines + interest.

The only benefit of married and filing separately is you assume no financial liability for your spouses tax dealings. But in many cases you'll own as much or more in taxes than filing single. Tax law is never cut and dry. It's like this by design. I've been audited once. I didn't have to do a thing and got a 22 cent refund out of it due to over payment. I remember getting the letter and being scared; now I'm not afraid of audits.

Thanks everyone for ALL your help!! We'd definetley be lost and OVERSTRESSED without you guys!

Best Wishes on everyones journey!

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Posted (edited)

You would only owe more taxes for mfs if you were in some of the highest tax brackets. Most people on the board seem to have trouble meeting the poverty guidelines. You do have 3 years to amend taxes filed mfs or single (only 6 months for mfj) but if the CO looks at your tax transcripts and sees the you are filing as single when you're married, that can throw up a red flag that your spouse may have a hard time answering. In essense, why are you trying to hide your marriage from the IRS? Im not saying that will happen, just that it could. With a high fraud embassy it's certainly something to think about!

Edited by NLR

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

 

Filed: Timeline
Posted

I think the proper approach is to model your tax liability at either MFS or MFJ and choose the approach that results in a lower tax bill. Most people should be able to complete taxes on their own (Turbo Tax is great). If you go the MFJ route and apply for an ITIN simultaneously you will need to file a paper return, along with the ITIN paperwork. Your husband will need to sign both your 1040 and the W-7 (if you go ITIN/MFJ) as well as send a certified copy of his passport. All of this was noted previously. Depending upon your income level the MFJ path could have substantial savings. And who doesn't like to legally reduce their tax bill?

OP, suggest you do some more research. The IRS website is fairly helpful and you can (with some effort) find what you need here. If you can navigate the visa process filing your taxes with an ITIN application shouldn't be that difficult.

Best of luck.

Posted

I had the same problem, I told my husband I cant send my national id card or passport somewhere for 2 months, I am required by my country law to have it on me all the time. And I didn't live in my country anymore so I didnt really have chance to get certified copies. So my husband got extended dead line to submit taxes, but when I came in states in September we got wrong information and didn't file taxes 2012 because of it, and now uscis giving us hard times about it, even tho we explained everything. When we went through NVC and explained it they had no issue and approved I-864. I wish I would have sent my national ID card to obtain ITIN number and have taxes done. So if I can give you advice try to get ITIN number for your husband. We spoke with IRS and they should be certified in February that they will certify the passport in their office and you don't need to send it anywhere. Same HR block is supposed to be certify to process ITIT number soon. Good luck

 
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