Any tax experts on marrying to a non USC

[carmel34 3,529]

Here's a useful thread on married filing separately without the need for an ITIN:

 

 

[EM_Vandaveer 2,364]

11 hours 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. 

wrong. wrong. wrong.

Other way around. Cannot file single because he is married.

He files either Married Filing Jointly (has to obtain ITIN for wife to do this) OR

He files Married Filing Separately.

 

No other option.

[ms_bobdog 501]

My USC husband and I were married in June 2017. For 2017 tax year, he filed as Married Filing Separately. I didn't have ITIN nor SSN so he had to paper file. No big deal about that. When I came in CR-1 visa in July 2018, we amended his tax return to include my SSN and claim spousal exemption and got an extra refund. We chose not to amend to Married Filing Jointly because I calculated that it is not worth the hassle to elect to be taxed as a US resident and apply the foreign earned income exclusion since the difference is very marginal. 

 

 

[ms_bobdog 501]

12 hours 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. 

Why is the marriage not recognised? Besides, a spouse is never considered a dependant. 

[geowrian 22,335]

59 minutes ago, EM_Vandaveer said:

No other option.

There is also Head of Household (HOH) if there is a dependent child in his household. This filing status applies to both single and married individuals.

[EM_Vandaveer 2,364]

1 minute ago, geowrian said:

There is also Head of Household (HOH) if there is a dependent child in his household. This filing status applies to both single and married individuals.

Thank you for the correction. I did not know that HOH was an option when married. You learn something every day!

[geowrian 22,335]

2 minutes ago, EM_Vandaveer said:

Thank you for the correction. I did not know that HOH was an option when married. You learn something every day!

No problem! It's not too common, but when the shoe fits, it's likely an extra refund vs MFS.

https://ttlc.intuit.com/questions/2567672-can-a-married-person-claim-head-of-household-filing-status

[payxibka 10,044]

8 minutes ago, geowrian said:

There is also Head of Household (HOH) if there is a dependent child in his household. This filing status applies to both single and married individuals.

''''

Edited January 4, 2019 by payxibka

[geowrian 22,335]

7 minutes ago, payxibka said:

Head of Household is a filing status for single or unmarried taxpayers who keep up a home for a Qualifying Person. The Head of Household filing status has some important tax advantages over the Single filing status. If you qualify as Head of Household, you will have a lower tax rate and a higher standard deduction than a Single filer.

Correct. See the link above for what qualifies as "unmarried" in that context.

NOTE: This is not the same criteria for filing as Single. IN general, Single filing status also requires that you do not qualify for any other status.

Edited January 4, 2019 by geowrian

[Umka36 781]

If you do go the ITIN route, be sure to get it merged with your SSN.

 

What do I do when I am assigned a social security number (SSN)?

 

Once you receive a SSN, you must use that number for tax purposes and discontinue using your ITIN.  It is improper to use both the ITIN and the SSN assigned to the same person to file tax returns.  It is your responsibility to notify the IRS so we can combine all of your tax records under one identification number.  If you do not notify the IRS when you are assigned a SSN, you may not receive credit for all wages paid and taxes withheld which could reduce the amount of any refund due.  You can visit a local IRS office or write a letter explaining that you have now been assigned a SSN and want your tax records combined.  Include your complete name, mailing address, and ITIN along with a copy of your social security card and a copy of the CP 565, Notice of ITIN Assignment, if available.  The IRS will void the ITIN and associate all prior tax information filed under the ITIN with the SSN.  Send your letter to: 

 

     Internal Revenue Service 
     Austin, TX 73301-0057 

 

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

[Apple Bee 272]

6 hours ago, adil-rafa said:

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

how did you do this please?

[laowainelson 26]

 

8 hours ago, EandH0904 said:

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 

OP, I was in your same situation last year.

I got married in November 2017. After looking at all the options I determined that the easiest way was not to apply for an ITIN for my wife and file as "married filing separately". I had to print paper copies and I used Priority Mail to send both my Federal and State returns.

Maybe I was overly cautious but due to the fact that we were only married for a couple of months during 2017, I did not want/need a consular officer scrutinizing my tax return from 2017, or an IRS review later down the line.

 

Consider your options, this is what worked for me. This year she is here in the US and she has an SSN so we will file jointly.

 

 

[Love To Teach 161]

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.

 

So how did you get him to sign it?

[NovaSprings 89]

Apply for an ITIN number and then file, married filing separate.  Provide this as your transcript when you interview

 

[EandH0904 1,184]

2 hours ago, Love To Teach said:

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.

 

So how did you get him to sign it?

I took the check to Morocco! 😂😂😂