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Apelcina

USC filing taxes separately with non-resident alien?

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Hello informative people of Visajourney.

 

My spouse needs to file her taxes but is a lost on how to do this. Online she doesn't get an option to file "separate with spouse being a non resident alien" (or perhaps resident alien as I have my visa now?).

 

Does anybody have experience filing taxes while your spouse has an approved visa but is still not in the country and doesn't have a SSN. Are there any special forms to submit addendum to the normal filing and does this need to be done by post instead of online? Thanks for any guidance or links you can throw our way.

 

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Posted (edited)

She can file "Married-Filing Separately".......she then hand-writes "NRA" in the space for your SSN.  She then mails (can not e-file) the paperwork to the IRS. That's how I filed for 2015 and 2016 tax years.

 

 

Edited by missileman

                               :idea:MSC (National Benefits Center) I-751 filers- Please add your data :idea:                          https://docs.google.com/spreadsheets/d/1Id1duRRByZHJmhEzl9N25GqwzcnUyLCR4e4N9W6zGLg/edit#gid=0

 

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Posted (edited)
4 minutes ago, Apelcina said:

Thank you, but that looks like info for joint filing. Is there something similar but for separate?

https://www.irs.gov/pub/irs-pdf/p17.pdf    Look at page 21

 

"Select this filing status by checking the Married filing separately box on the Filing Status line at the top of Form 1040. Enter your spouse's full name and SSN or ITIN in the entry space at the far right of the filing status checkboxes (next to Qualifying Widow(er)). If your spouse doesn't have and isn't required to have an SSN or ITIN, enter “NRA” in the space for your spouse's SSN. Use the Married filing separately column of the Tax Table or Section C of the Tax Computation Worksheet to figure your tax."

Edited by missileman

                               :idea:MSC (National Benefits Center) I-751 filers- Please add your data :idea:                          https://docs.google.com/spreadsheets/d/1Id1duRRByZHJmhEzl9N25GqwzcnUyLCR4e4N9W6zGLg/edit#gid=0

 

Retired 20 year US Air Force Missileer

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
  • I751 mailed to Dallas PO Box: 3/28/2019
  • I-797 extension letter  for ROC dated 4/2/2019  MSCxxxxxxxxxx received: 4/6/2019
  • Biometrics apt received for 4/25/2019: on 4/12/2019
 

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1 hour ago, Apelcina said:

Brilliant, thanks.

I think the problem she may find in using on online tax program, they sometimes don't want to move on until you supply a SSN. They are wanting to efile and an efile would be rejected so it may give her error messages. 

 

You were married by Dec 31, 2018, weren't you?

 

 

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45 minutes ago, Wuozopo said:

I think the problem she may find in using on online tax program, they sometimes don't want to move on until you supply a SSN. They are wanting to efile and an efile would be rejected so it may give her error messages. 

 

You were married by Dec 31, 2018, weren't you?

 

 

Yes, she didn’t seem to get a clear option for doing that online, and also yes, we married before December 2018.

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Posted (edited)
15 hours ago, Apelcina said:

Yes, she didn’t seem to get a clear option for doing that online, and also yes, we married before December 2018.

She should also consider married filing jointly as it will give you a lower tax due, maybe a higher refund.  You complete a W-7 form to apply for an ITIN for you and include it with the tax return when submitted.  Look up W-7 and ITIN on the IRS website for more information.  You can be considered a resident alien for tax purposes.  Another option is to file as married separately without the W-7 and later file an amended return as married filing jointly after you get your SSN and get the higher refund then.  My husband and I decided to file jointly since it gives us a much larger tax refund and we can get the W-7 verified on our next trip abroad together from an authorized document approval office so he doesn't have to send his passport in the mail for a few weeks.  He's still in Brazil we're waiting for CR-1 as well, his interview will hopefully be in August.

Edited by carmel34
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*** Moved to "Tax & Finances During US Immigration" ***

 


“When starting an immigration journey, the best advice is to understand that sacrifices have to be made; whether it is time, money, or separation or a combination of any or all.” - NuestraUnion

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