file married jointly with foreign spouse

[Karim2018 99]

1 minute ago, payxibka said:

Nonsense the IRS is open to process returns.   The e-file season starts  in less than 10 days as recently announced by the alleged closed irs

Don't hold your breath for returns! I rest my case!

[geowrian 22,335]

4 minutes ago, Karim2018 said:

Don't hold your breath for returns! I rest my case!

IRS employees are being called back for the filing season.

Depending on how long the shutdown goes on, processing of returns might take considerably longer. But they will process them.

Having filed the return is all that is necessary for both immigration and one's duty. How long they end up taking to process doesn't change anything.

[Karim2018 99]

10 hours ago, adil-rafa said:

forgot to add one thing for moroccan interviewees

when a document is submitted to NVC thru CEAC,  the embassy wants to see exactly the same copy or original at the interview

 

one man submitted marriage certificate and translation / when his wife went she was asked to show them and her translation was slightly different than the one submitted on CEAC / she had a new translation made for the interview

another person took a new criminal report and the CO wanted to see original of the one submitted to CEAC

 

That's good to know. Thank you!

[Karim2018 99]

11 hours ago, adil-rafa said:

also to all filing out the forms at NVC (CR1/IR1)  level check mark the box for immigration to apply for the SS #,

so much easier if you do this

Do you recall what form name and # has this "check mark" box in it? Thanks

[Karim2018 99]

12 hours ago, adil-rafa said:

since it it tax time and the only time you can get ITIN (individual taxpayer ID number) to claim your "out of the US spouse", i am covering the subject again

follow the IRS site to do this

 

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

there is no reason to file single and you are not single

do not loose the advantage of lower taxes due when married

 

also to all filing out the forms at NVC (CR1/IR1)  level check mark the box for immigration to apply for the SS #,

so much easier if you do this

Just in the spirit of having more options available to you, if you're married to a foreign national and she still lives abroad awaiting her interview date or visa approval, etc... you can file married as MFJ, MFS, or HOH (if you qualify for the latter). As adil-rafa mentioned above, the most advantageous way is probably MFJ, because you (if you choose not to  itemize) will get to deduct $12.2K for you and $12.2K for your spouse. For example if your gross income is $35K in 2018, your adjusted gross income is only $10.6K, and that's all you'll have to pay taxes on. The 2nd option is to file MFS, in which case you can only deduct $12.2K for yourself in 2018, but technically you have up to 3 years (i.e. 2021) to file a 1040X an Amendment!. Personally, I'm leaning toward this option to avoid all the headaches associated with applying for an ITIN, getting her passport in, DHL fees, etc... Instead, I would wait til she gets to the States (hopefully within that 3 year limit) and get her SS#. Another issue you may encounter if you file MFJ is cashing your refund (if any). The check will be in both name and must be signed by both of you and deposited in a joint bank account. I just came back a few hours ago from my bank (w/o citing their name) and they REFUSED to add my spouse to my bank account w/o her being present with me. I had certified copies of her Passport, her ID Card, AND an original + translated copy of a POA (power of attorney) stating that I I'm authorized to add her to my bank account and they still rejected my request! So for me, I will most likely move fwd with option 2 (MFS) Married Filing Separately then file an amendment after she gets to the Sates and get her SS#. We can then hopefully recoup some money from the IRS... - Hope this helps!

Edited January 19, 2019 by Karim2018

[accumbyte 148]

15 hours ago, Pengunista said:

@John & RoseI applied SSN thru EAD, so I can’t apply for ITIN? 

You can still try to apply for the ITIN. When was the I-765 filed? If recent enough then chances are its still pending; USCIS will only forward the SSN request to SSA when the EAD is approved.

[Pengunista 221]

@accumbyteI filed it Nov last year. I’ll try to apply for ITIN and see how that goes. If I get my EAD next month or early March then that would be awesome but if not then I don’t want to wait up to the last minute before April 15. Coz who knows how long before I actually get a ssn after I get my EAD and apply for one. 

[Annie0913 39]

Hello everyone! Sorry this might be a long post since I went to give you a little background and explain what I’m having trouble with. 

Sooo I am so very lost about how to file this year. 😢 Last tax year it was fairly simple. Single, no kids, no dependents. I filed in January 2018 right before marriage.

I married my husband February 2018. We filed the petition in late March 2018 and currently we’re at the stage where AOS has been approved. Just waiting for his civil documents to be reviewed/approved.

So after reading this thread, I kind of know what to do but I need to ask some questions to clarify and confirm.

 

Steps I know I need to take (correct me if I’m wrong)

1. Apply for a ITIN for my husband. 

2. Complete form W-7 and attach to tax return 

3. File as Married file jointly 

4. I will need to print out completed tax return and send my mail

 

Steps I am confused about:

1. Why do we need his actual passport? Who am I giving/sending it to?

2. My husbands job back in Cambodia is more of an “under the table” job. Where his employer pays him cash every month so there’s no documents of him getting paid. How do we include this in the tax return?

3. I file my taxes myself and it doesn’t let me skip the part where it asks for my husband’s SSN. He doesn’t have one obviously so how can I get past this section?

 

Any information would be super helpful and greatly appreciated!!

 

 

 

 

 

 

[NikLR 13,220]

4 minutes ago, Annie0913 said:

Hello everyone! Sorry this might be a long post since I went to give you a little background and explain what I’m having trouble with. 

Sooo I am so very lost about how to file this year. 😢 Last tax year it was fairly simple. Single, no kids, no dependents. I filed in January 2018 right before marriage.

I married my husband February 2018. We filed the petition in late March 2018 and currently we’re at the stage where AOS has been approved. Just waiting for his civil documents to be reviewed/approved.

So after reading this thread, I kind of know what to do but I need to ask some questions to clarify and confirm.

 

Steps I know I need to take (correct me if I’m wrong)

1. Apply for a ITIN for my husband. 

2. Complete form W-7 and attach to tax return 

3. File as Married file jointly 

4. I will need to print out completed tax return and send my mail

 

Steps I am confused about:

1. Why do we need his actual passport? Who am I giving/sending it to?

2. My husbands job back in Cambodia is more of an “under the table” job. Where his employer pays him cash every month so there’s no documents of him getting paid. How do we include this in the tax return?

3. I file my taxes myself and it doesn’t let me skip the part where it asks for my husband’s SSN. He doesn’t have one obviously so how can I get past this section?

 

Any information would be super helpful and greatly appreciated!!

 

 

 

 

 

 

You could file as MFS and amend it later if you choose.  You wouldn't need his passport for the W7 if you MFS.  You would write NRA in the SSN spot and MAIL the tax return to the appropriate location. 

[AstroCanada 206]

9 hours ago, Annie0913 said:

Hello everyone! Sorry this might be a long post since I went to give you a little background and explain what I’m having trouble with. 

Sooo I am so very lost about how to file this year. 😢 Last tax year it was fairly simple. Single, no kids, no dependents. I filed in January 2018 right before marriage.

I married my husband February 2018. We filed the petition in late March 2018 and currently we’re at the stage where AOS has been approved. Just waiting for his civil documents to be reviewed/approved.

So after reading this thread, I kind of know what to do but I need to ask some questions to clarify and confirm.

 

Steps I know I need to take (correct me if I’m wrong)

1. Apply for a ITIN for my husband. 

2. Complete form W-7 and attach to tax return 

3. File as Married file jointly 

4. I will need to print out completed tax return and send my mail

 

Steps I am confused about:

1. Why do we need his actual passport? Who am I giving/sending it to?

2. My husbands job back in Cambodia is more of an “under the table” job. Where his employer pays him cash every month so there’s no documents of him getting paid. How do we include this in the tax return?

3. I file my taxes myself and it doesn’t let me skip the part where it asks for my husband’s SSN. He doesn’t have one obviously so how can I get past this section?

 

Any information would be super helpful and greatly appreciated!!

 

Hopefully by the time the tax return is due, he'll have his SSN if the AOS has been approved.  That is definitely the easiest course of action.

 

For this foreign income it's really tricky with no proof.  In general, you'll want to include his income and then exclude it under the foreign earned income exclusion.  I don't know how one would include informal income from another country.  

 

You'll have to file either MFJ if you have an SSN or MFS if you don't have an SSN or ITIN.

[CappuccinoMo 48]

On 1/19/2019 at 6:58 AM, Karim2018 said:

Just in the spirit of having more options available to you, if you're married to a foreign national and she still lives abroad awaiting her interview date or visa approval, etc... you can file married as MFJ, MFS, or HOH (if you qualify for the latter). As adil-rafa mentioned above, the most advantageous way is probably MFJ, because you (if you choose not to  itemize) will get to deduct $12.2K for you and $12.2K for your spouse. For example if your gross income is $35K in 2018, your adjusted gross income is only $10.6K, and that's all you'll have to pay taxes on. The 2nd option is to file MFS, in which case you can only deduct $12.2K for yourself in 2018, but technically you have up to 3 years (i.e. 2021) to file a 1040X an Amendment!. Personally, I'm leaning toward this option to avoid all the headaches associated with applying for an ITIN, getting her passport in, DHL fees, etc... Instead, I would wait til she gets to the States (hopefully within that 3 year limit) and get her SS#. Another issue you may encounter if you file MFJ is cashing your refund (if any). The check will be in both name and must be signed by both of you and deposited in a joint bank account. I just came back a few hours ago from my bank (w/o citing their name) and they REFUSED to add my spouse to my bank account w/o her being present with me. I had certified copies of her Passport, her ID Card, AND an original + translated copy of a POA (power of attorney) stating that I I'm authorized to add her to my bank account and they still rejected my request! So for me, I will most likely move fwd with option 2 (MFS) Married Filing Separately then file an amendment after she gets to the Sates and get her SS#. We can then hopefully recoup some money from the IRS... - Hope this helps!

My husband will fill MFS also ! and for the bank account ! we were lucky to do so ! but the bank employee asked to do a video and discuss everything together, he sent me a contract that i signed electronically! maybe different process in other bank ? i actually use this account for my purchases on Amazon  

Good luck everyone 

[Enemyz 4]

Certified copy of a passport isn't accepted?  My wife is Filipino she went to the DFA and they gave her a certified copy I was reading that would be good enough to show proof. is marriage certificate really needed? it doesn't list it as a requirement on the website. she also isn't sure how she would do her written statement she was looking for a template for it. I do have her version of a w2 though to show her income.

[JayMar2019 2,741]

Apologies if this is considered "hijacking" but I just want to be clear on what all is being said in regards to filing for my husband (although I believe I know the answer to this, however, I'm filing my tax returns right now and want to be sure before I hit click):

 

• Husband and I married on 7/22/2018 (K1 process - married in US)
• Husband received SSN on 7/25/2018 and has a SSN#  (with DHS work authorization verbiage)
• Filed AOS 8/10/2018 (ironically, informed delivery shows we're receiving 2 envelopes from USCIS - NBS today; praying that it's his EAD/AP approval letters)
• Husband has been in the US since 6/20/2018 to date and HAS NOT WORKED (I have been the sole financial provider)
• I AM filing married - filing jointly (although, he has no income to report this year) I normally have filed HOH as I have my son who is my dependent
• TurboTax has asked for me to add his 2017 adjusted tax/income figures which of course he has none since he was NOT in the US nor eligible to work - so I answered no to this question
• I did add my husband's name and SSN# when filling out this year's tax return

Based on the above, I am good to go in regards to how I am filing because he doesn't need a ITIN# since he has a SSN# already issued? Thanks in advance to any and all who answer this for me!

 

Also as an FYI...IRS will be accepting filed tax returns on Monday, January 28, 2019. State returns acceptance dates vary based on your state.

[geowrian 22,335]

11 minutes ago, Trinab80 said:

Husband has been in the US since 6/20/2018 to date and HAS NOT WORKED (I have been the sole financial provider)

11 minutes ago, Trinab80 said:

TurboTax has asked for me to add his 2017 adjusted tax/income figures which of course he has none since he was NOT in the US nor eligible to work - so I answered no to this question

Did he work earn income in 2018 prior to entering the US? If so, that income must be reported but most to all of it can be excluded via the FEIE and/or FTC.

Documentation of any such income should be held, but does not need to be provided with the return.

 

Edit: Also...2017 income??

Edited January 22, 2019 by geowrian

[JayMar2019 2,741]

1 minute ago, geowrian said:

Did he work earn income in 2018 prior to entering the US? If so, that income must be reported but most to all of it can be excluded via the FEIE and/or FTC.

Documentation of any such income should be held, but does not need to be provided with the return.

 

Edit: Also...2017 income??

He earned income when he was living in Jamaica while going through the K1 process, but I'm curious how would I report that to my US tax return?