Filing taxes

[Cg2008 16]

Hello

so I am confused on whether I should file Married and separate or just file myself without adding my husband and applying for an ITIN number. I should be hearing back in a couple of weeks from the visa center and I know they will be asking for taxes. Filing for an ITIN could take a couple of months. I don’t know what to do. I don’t want to risk an officer throwing our case out because I didn’t file together. Sigh this is stressful. Any advice will help...

[Crazy Cat 39,369]

First of all, if you were married on the last day of the tax year, you can not file as single......you can file file "Married Filing Separately" if your husband doesn't have a SSN or ITIN by writing "NRA" in his SSN field (must be mailed)......and under some circumstances, you might qualify as "Head of Household".........secondly, I have never heard of a tax filing status causing any problems at an interview.....

Edited February 17, 2019 by missileman

[EandH0904 1,184]

Our ITIN took 3 weeks to get when we applied and did married jointly 

[Ryan H 3,791]

Moved from IR-1/CR-1 Process & Procedures to Tax & Finances During US Immigration forum.

[Cg2008 16]

@EandH0904 Hi, how did you file jointly. I was told I can only do that if we have lived together for 6 months

[EandH0904 1,184]

2 hours ago, Cg2008 said:

@EandH0904 Hi, how did you file jointly. I was told I can only do that if we have lived together for 6 months

I'll send you a message 

[Crazy Cat 39,369]

2 hours ago, Cg2008 said:

I was told I can only do that if we have lived together for 6 months

Who told you this?

[payxibka 10,044]

2 hours ago, Cg2008 said:

@EandH0904 Hi, how did you file jointly. I was told I can only do that if we have lived together for 6 months

There are exceptions to many things 

[junkmart 320]

7 hours ago, Cg2008 said:

@EandH0904 Hi, how did you file jointly. I was told I can only do that if we have lived together for 6 months

You and your spouse may choose to treat your spouse as a RA for tax purposes, even if your spouse is not residing in the US or does not meet the substantial presence test. If you choose this route, you must report all income, including your spouse's foreign income, if any, as worldwide income. In order to prevent double taxation on your spouse's foreign income, you may be able to file either 2555 FEIE or 1116 FTC.

[Cg2008 16]

@missileman my friend who does my taxes ...I called H and R block and she told me they need his signature on the form ..I asked if she can ask someone else so just waiting for a call back sigh 

[Ate 180]

13 hours ago, Cg2008 said:

I was told I can only do that if we have lived together for 6 months

 

Here's another couple who filed jointly even if the foreign spouse lived outside the US:

 

 

[Crazy Cat 39,369]

 

10 hours ago, Cg2008 said:

@missileman my friend who does my taxes ...I called H and R block and she told me they need his signature on the form ..I asked if she can ask someone else so just waiting for a call back sigh 

you can file jointly even if the spouse lives outside the US.  However, the spouse must have a SSN/ITIN.....and usually the spouse's foreign income must be reported......I know of no "6 month living together" requirement.

Filing electronically requires no written signatures.....other than the Efile authorizations (8879 and FBAR auth 114a)....which can be scanned and transmitted.

Edited February 19, 2019 by missileman