How to get tax ID for wife?

[tipaklongkano 13]

I want to file jointly with my wife, even though she still lives overseas. I'll get a big refund if we file jointly, whereas if I file as "married filing separately" i'll have to pay. Is it possible for her to get a tax id even though she hasn't yet immigrated to the US? Her Cr-1 was approved just this last Thursday. 

Thanks!

[Unlockable 7,315]

Not possible. She isn't a permanent resident yet nor has she lived with you most of the year. 

[cyclone27 710]

Wait til she comes and receives her SSN. Then file an amended return but you will have to declare her foreign income. ( if she was taxed at home it will be more complicated)

 

 

[aaron2020 11,651]

8 hours ago, NuestraUnion said:

Not possible. She isn't a permanent resident yet nor has she lived with you most of the year. 

WRONG.  It's possible.

 

WRONG.  She does not need to be a permanent resident.

 

WRONG.  She does not even have to live with him for 1 day.

 

Please refrain from giving tax advice in the future.

 

Edited February 6, 2017 by aaron2020

[aaron2020 11,651]

9 hours ago, tipaklongkano said:

I want to file jointly with my wife, even though she still lives overseas. I'll get a big refund if we file jointly, whereas if I file as "married filing separately" i'll have to pay. Is it possible for her to get a tax id even though she hasn't yet immigrated to the US? Her Cr-1 was approved just this last Thursday. 

Thanks!

If you were married on December 31, 2016, you can file a joint tax return with your wife.  She does not need to be an LPR or have lived with you in 2016 as another poster erroneously advised.

 

You can either wait for her to immigrate to get an SSN to file with you for 2016, or you can obtain an ITIN.

 

For the ITIN, you will need to submit her original passport or a certified copy of the passport.  The certification must come the PI passport issuing authority or the US Embassy.   Since she will need her passport to immigrate to the US, you should absolutely not send in the original.

 

https://www.irs.gov/individuals/general-itin-information

 

When is your wife intending to immigrate to the US?  Exact date if possible.

[cyclone27 710]

ITIN is a pain the bum to be a worthwhile endeavor IMHO.   I think better to just wait  and go the amended return route after your wife gets SSN.

 

Aaron is quite correct - perfectly legit to do even when wife is not in country yet.  The only caveat is being married before new year starts and declaring her income.

[tipaklongkano 13]

Thanks guys for your help. Very much appreciated. She's not coming here until late May, so I'll definitely pursue the ITIN. 

[Unlockable 7,315]

14 hours ago, aaron2020 said:

WRONG.  It's possible.

 

WRONG.  She does not need to be a permanent resident.

 

WRONG.  She does not even have to live with him for 1 day.

 

 

 

From my previous understanding a person could claim married (even to a spouse not yet a in LPR) but would not gain tax benefits from it. But since it is possible it has encouraged me to investigate it further. 

 

14 hours ago, aaron2020 said:

 

Please refrain from giving tax advice in the future.

 

No thanks! If a person is in need of this particular advice and no one has helped yet I will provide them with the correct information and may even refer them to this thread. Thanks for help in providing the proper information, though.

[aaron2020 11,651]

3 hours ago, NuestraUnion said:

From my previous understanding a person could claim married (even to a spouse not yet a in LPR) but would not gain tax benefits from it. But since it is possible it has encouraged me to investigate it further. 

 

No thanks! If a person is in need of this particular advice and no one has helped yet I will provide them with the correct information and may even refer them to this thread. Thanks for help in providing the proper information, though.

You didn't provide them with the correct information.  You gave the OP the wrong information without doing any research.  It would have been better if you gave no information rather than give out information that you made up.

[aaron2020 11,651]

3 hours ago, tipaklongkano said:

Thanks guys for your help. Very much appreciated. She's not coming here until late May, so I'll definitely pursue the ITIN. 

File your tax return with the ITIN request and certified copy of her passport, or file separately and amend your tax return when she immigrates and is elgible for a SSN.

 

Best of luck.

Edited February 7, 2017 by aaron2020

[Unlockable 7,315]

15 minutes ago, aaron2020 said:

You didn't provide them with the correct information.  You gave the OP the wrong information without doing any research.  It would have been better if you gave no information rather than give out information that you made up.

Didn't make it up, I misinterpreted from previous information. I acknowledged the error and have investigated it further. You think if it came up again I would post the same incorrect info? 

 

So next time it is asked instead of "not giving any information" I can answer properly.

 

Thanks for your help.