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Mr Trav

Tax Filing with a pending case

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Hello all

So I am getting ready to file my taxes. I have my regular job income and my sideline 1099 independent contractor job. 

I did not make much as I relocated to the US after working n China for half the year, where I will qualify for my final FEIE (foreign income exclusion).

So I made 10k at my day job and 4k at my 1099.


My wife is still overseas waiting for her visa, IR1. We have always filed MFS  as she has no ssn.

I calculated I may owe in the area of 700-800 dollars if I file in April.

If I file a 6 month extension and wait for my wife to arrive (hopefully by summer) she gets a ssn my total owed after filing MFJ would drop to like 60 bucks.


Advice on this?

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Even if you file an extension, you are still required to pay any owed taxes by the ORIGINAL tax due date (mid April).

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Calculate what you think you will owe when you file jointly and pay that much in or even a little extra by the April deadline. 


But are you sure she will be here and have a SSN by summer. Your petition approval isn't even predicted until summer, then there's months to go after that before the visa. And things don't always happen as smoothly as you hope.


Other options:

  • File MFS and later do a 1040X to correct to MFJ. You'll get a refund.
  • Get her actual passport so you can apply for her ITIN. You do a joint return and application for the ITIN and mail both to be processed at the IRS facility in Austin, TX. They process the ITIN, mail her passport back to you, then process the joint return. You would also need to include in your filing, the statement electing for her to be treated as a resident alien for tax purposes. 

Getting an ITIN is covered on the IRS website. It's a bit complicated when she isn't here.

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