Any tax experts on marrying to a non USC

[Karim2018 99]

Hi Guys/Gals,

 

I have a question about how to file my 2018 taxes. Got married a couple of months ago, filed for my wife to move to the states, but that won't happen anytime soon. In fact, I'm told the process takes 18-24 months before we can be together Long story short, she still lives overseas, so obviously she does not have a SS# or any type of tax id. She has not worked in 2018, but I did. So the question is how do I file?

 

Single?

Married filing Jointly? or..

Married filing separately? or...?

 

I have done some reading on the subject, and I still don't get it! Very confusing stuff!

 

Any advise is appreciated.

 

Thanks!

Edited January 4, 2019 by Karim2018

[TBoneTX 43,048]

Thread is moved from Off Topic to the Tax & Finances forum.

[VO797018 2]

2 hours ago, Karim2018 said:

Hi Guys/Gals,

 

I have a question about how to file my 2018 taxes. Got married a couple of months ago, filed for my wife to move to the states, but that won't happen anytime soon. In fact, I'm told the process takes 18-24 months before we can be together Long story short, she still lives overseas, so obviously she does not have a SS# or any type of tax id. She has not worked in 2018, but I did. So the question is how do I file?

 

Single?

Married filing Jointly? or..

Married filing separately? or...?

 

I have done some reading on the subject, and I still don't get it! Very confusing stuff!

 

Any advise is appreciated.

 

Thanks!

Unfortunately, you cannot file as married because the “marriage” has not been recognized. She will need to establish a SSN in order to pay taxes or be claimed as a dependent. Single will be your tax status. 

[NigeriaorBust 4,087]

  The first response is wrong.  You are married.  Married there married here married everywhere .   She will not yet have a SSN until she has a visa.  You can file for the tax id and file jointly but you must include both your incomes world wide.   Filing separately may actually be the best way. 

[Karim2018 99]

25 minutes ago, Von1982 said:

Unfortunately, you cannot file as married because the “marriage” has not been recognized. She will need to establish a SSN in order to pay taxes or be claimed as a dependent. Single will be your tax status. 

Thank you m8, but that's NOT what this link says: https://www.hrblock.com/tax-center/filing/personal-tax-planning/tax-help-for-us-citizen-married-to-non-resident/

The issue is that other sites says something different, but all of them AGREE that I should not and cannot file as SINGLE. In fact, if I do file as single, then submit my 2018 tax returns along with the I-864, they will most certainly notice my filing status and question my marriage all together! If I were USCIS, that would be a HUGE RED FLAG!!! I called a tax gal the other day and she did now know what to do! I guess I will have to find a CPA or a tax expert and see what they recommend. In the meantime, if anyone has come across  a similar situation, I'd appreciate your input. Cheers!

Edited January 4, 2019 by Karim2018

[Karim2018 99]

27 minutes ago, NigeriaorBust said:

  The first response is wrong.  You are married.  Married there married here married everywhere .   She will not yet have a SSN until she has a visa.  You can file for the tax id and file jointly but you must include both your incomes world wide.   Filing separately may actually be the best way. 

Thank you! Your answer makes sense and I believe I've read something like that the other day. They were talking about getting or applying for a " individual taxpayer identification number" ITIN. On a separate note, maybe what you meant is that she cannot get a SSN until she's here in the States. Having a visa does not get her a SSN. She'll have to apply for one and in person, once she gets here. That much I know

Edited January 4, 2019 by Karim2018

[Roel 7,191]

42 minutes ago, Von1982 said:

Unfortunately, you cannot file as married because the “marriage” has not been recognized. She will need to establish a SSN in order to pay taxes or be claimed as a dependent. Single will be your tax status. 

Absolutely wrong. 

 

When you're married you file taxes as married. End of story. 

[VO797018 2]

21 minutes ago, Karim2018 said:

Thank you m8, but that's NOT what this link says: https://www.hrblock.com/tax-center/filing/personal-tax-planning/tax-help-for-us-citizen-married-to-non-resident/

The issue is that other sites says something different, but all of them AGREE that I should not and cannot file as SINGLE. In fact, if I do file as single, then submit my 2018 tax returns along with the I-864, they will most certainly notice my filing status and question my marriage all together! If I were USCIS, that would be a HUGE RED FLAG!!! I called a tax gal the other day and she did now know what to do! I guess I will have to find a CPA or a tax expert and see what they recommend. In the meantime, if anyone has come across  a similar situation, I'd appreciate your input. Cheers!

Sorry for misinforming. But this link below says it all

 

https://www.irs.gov/individuals/international-taxpayers/nonresident-alien-spouse

[Karim2018 99]

7 minutes ago, Roel said:

Absolutely wrong. 

 

When you're married you file taxes as married. End of story. 

You're right, but should I file as married filing jointly or married filing separately. Also can I claim my NR spouse on my taxes, knowing that she has not worked in 2018 (her worldwide income is zero) and that no one will claim her on their taxes? Thanks!

Edited January 4, 2019 by Karim2018

[Karim2018 99]

3 minutes ago, Von1982 said:

Sorry for misinforming. But this link below says it all

 

https://www.irs.gov/individuals/international-taxpayers/nonresident-alien-spouse

No worries m8! Thank you for the link!

[EandH0904 1,184]

4 hours ago, Karim2018 said:

You're right, but should I file as married filing jointly or married filing separately. Also can I claim my NR spouse on my taxes, knowing that she has not worked in 2018 (her worldwide income is zero) and that no one will claim her on their taxes? Thanks!

You can do either married separately or married jointly. The ITIN process is pretty straightforward but it will require she sends you paper documents, she signs your joint tax return and she will need to sign a refund check if you get one too. 

 

I got an ITIN for my husband and it only took about 3 weeks to get the number then three weeks to get the refund but the most difficult part was the bank not cashing it until he signed it cause it was made out to my name AND his name. 

 

You can always run the numbers and see which is most advantageous then go from there to decide 

[Nitas_man 3,100]

8 hours ago, Karim2018 said:

Hi Guys/Gals,

 

I have a question about how to file my 2018 taxes. Got married a couple of months ago, filed for my wife to move to the states, but that won't happen anytime soon. In fact, I'm told the process takes 18-24 months before we can be together Long story short, she still lives overseas, so obviously she does not have a SS# or any type of tax id. She has not worked in 2018, but I did. So the question is how do I file?

 

Single?

Married filing Jointly? or..

Married filing separately? or...?

 

I have done some reading on the subject, and I still don't get it! Very confusing stuff!

 

Any advise is appreciated.

 

Thanks!

Advice:  File MFS this year then when she arrives and gets a SS# re-file 1040X.  You have 3 years to file an amended return.  If you ITIN and file you will not be able to deposit or cash your refund unless she signs it or you have a joint bank account to deposit it into (or) you can risk fedex'ing a paper check back and forth.

Feds get a free loan for awhile but your MFJ benefit isn't going to go away.

Even if she had income in 2018 it's foreign earned income and up to $104K is excludable. 

In short:  I wouldn't worry about her on your taxes right now. 

 

[ashcashbananas 66]

Marriage is definitely recognized. File for an ITIN & file married jointly.

[Jeanne Adil 1,651]

need  to do as I did when married in 2010

1.  go to IRS site https://www.irs.gov/individuals/how-do-i-apply-for-an-itin

2.  get Moroccan to fill out W7 

3.  get a POA from moroccan that enables you to sign tax form and do financal transactions (this part is important to allow u to later add spouse with that ITIN to your checking account according to federal banking regulations)

4. you also need copy of moroccan birth certificate and your moroccan marriage certificate (in Arabic and English)

5. do joint return as married filing jointly

 

i added Adil in 2010 and each year till he came in 2015

[Karim2018 99]

Thanks for everyone's input! I really appreciate it. Cheers!