Possible to file tax as married while beneficiary is living abroad

[sonicview 3]

My tax guys said i can't include my wife name or show as married in my tax return because she is not in USA and don't have SSN. How you guys did your tax return last year when you were married but spouse was overseas waiting for her visa approval. Did you guys filled application as single or married? I am little worried because i am expecting my wife's case to be approved next year as i recently files her i-130 and my 2019 tax return will be needed in the next stage of processing. I want to file as married, don't care about the deductibles but at least for the correct record, but without her having SSN i can't include her in tax filing. I don't want visa officer to question her for this point, any advice, what you guys did? 

[payxibka 10,044]

9 minutes ago, sonicview said:

My tax guys said i can't include my wife name or show as married in my tax return because she is not in USA and don't have SSN. How you guys did your tax return last year when you were married but spouse was overseas waiting for her visa approval. Did you guys filled application as single or married? I am little worried because i am expecting my wife's case to be approved next year as i recently files her i-130 and my 2019 tax return will be needed in the next stage of processing. I want to file as married, don't care about the deductibles but at least for the correct record, but without her having SSN i can't include her in tax filing. I don't want visa officer to question her for this point, any advice, what you guys did? 

Married filing separate 

[sonicview 3]

But she will not file any tax here or in her home country, so is it ok to say married filing separate?

[payxibka 10,044]

Just now, sonicview said:

But she will not file any tax here or in her home country, so is it ok to say married filing separate?

Yes

[Snd 49]

22 minutes ago, sonicview said:

My tax guys said i can't include my wife name or show as married in my tax return because she is not in USA and don't have SSN. How you guys did your tax return last year when you were married but spouse was overseas waiting for her visa approval. Did you guys filled application as single or married? I am little worried because i am expecting my wife's case to be approved next year as i recently files her i-130 and my 2019 tax return will be needed in the next stage of processing. I want to file as married, don't care about the deductibles but at least for the correct record, but without her having SSN i can't include her in tax filing. I don't want visa officer to question her for this point, any advice, what you guys did? 

You can apply as married jointly if you submit your taxes by mail with an ITIN application for your wife at the same time. I did this process this year for my husband living internationally. It postponed the tax refund process by a long time, and to get the ITIN application approved, you need to submit a certified copy of her passport or the physical thing. The only way to get a certified copy is from the immigration office that issues the passport. It’s definitely possible but a bit of a nightmare so the question for u is if it’s worth it. I got a substantially larger refund filing together which is why I decided to go through with it, but be aware it can be an annoying long process.

Edited August 2, 2019 by Snd

[Crazy Cat 39,136]

20 minutes ago, sonicview said:

My tax guys said i can't include my wife name or show as married in my tax return because she is not in USA and don't have SSN. How you guys did your tax return last year when you were married but spouse was overseas waiting for her visa approval. Did you guys filled application as single or married? I am little worried because i am expecting my wife's case to be approved next year as i recently files her i-130 and my 2019 tax return will be needed in the next stage of processing. I want to file as married, don't care about the deductibles but at least for the correct record, but without her having SSN i can't include her in tax filing. I don't want visa officer to question her for this point, any advice, what you guys did? 

Your tax guys are wrong......File "Married Filing Separately"......no SSN required.....write "NRA" in spouse's SSN field......but it must be mailed.

Edited August 2, 2019 by missileman

[JeanneAdil 6,169]

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

 

follow the IRS directions by filing out the W7 with proof of marraige and spouse's ID for 2019 tax returns

this gives you the ITIN so you can file joint and be in lower tax bracket 

 

IRS is always the best place for tax info on returns

[arken 4,197]

14 minutes ago, Snd said:

You can apply as married jointly if you submit your taxes by mail with an ITIN application for your wife at the same time. I did this process this year for my husband living internationally. It postponed the tax refund process by a long time, and to get the ITIN application approved, you need to submit a certified copy of her passport or the physical thing. The only way to get a certified copy is from the immigration office that issues the passport. It’s definitely possible but a bit of a nightmare so the question for u is if it’s worth it. I got a substantially larger refund filing together which is why I decided to go through with it, but be aware it can be an annoying long process.

For ones not wanting to go thru the ITIN hassle, can simply file as MFS for now and then amend to MFJ once the spouse is in the US with SSN, will get back any heavy refund due by MFJ later on.

[geowrian 22,335]

Option 1 (Simple): File as Married Filing Separately (MFS). Write "NRA" in for her SSN. She doesn't need to file her own return.

These instructions are clearly written in the 1040 instructions...tell your tax guys they need to read the instructions more carefully.

 

Option 2: File as Married Filing Jointly (MFJ). This requires an SSN or ITIN from your spouse. Getting an ITIN is a few steps, but is possible. Read up on the process and then work on that W-7.

 

You can do #1 now and then amend (1040X) later once she has an SSN to get the better tax break.

[payxibka 10,044]

Just now, geowrian said:

Option 1 (Simple): File as Married Filing Separately (MFS). Write "NRA" in for her SSN. She doesn't need to file her own return.

These instructions are clearly written in the 1040 instructions...tell your tax guys they need to read the instructions more carefully.

 

Option 2: File as Married Filing Jointly (MFJ). This requires an SSN or ITIN from your spouse. Getting an ITIN is a few steps, but is possible. Read up on the process and then work on that W-7.

 

You can do #1 now and then amend (1040X) later once she has an SSN to get the better tax break.

It never ceases to amaze me how "laymen" on a message board know more than the alleged "professionals"

[sonicview 3]

43 minutes ago, Snd said:

You can apply as married jointly if you submit your taxes by mail with an ITIN application for your wife at the same time. I did this process this year for my husband living internationally. It postponed the tax refund process by a long time, and to get the ITIN application approved, you need to submit a certified copy of her passport or the physical thing. The only way to get a certified copy is from the immigration office that issues the passport. It’s definitely possible but a bit of a nightmare so the question for u is if it’s worth it. I got a substantially larger refund filing together which is why I decided to go through with it, but be aware it can be an annoying long process.

Thank you good advice, i will search how to apply for ITIN now so when the December comes i just use the number and file the taxes as married jointly. 

[Nitas_man 3,100]

1 hour ago, sonicview said:

My tax guys said i can't include my wife name or show as married in my tax return because she is not in USA and don't have SSN. How you guys did your tax return last year when you were married but spouse was overseas waiting for her visa approval. Did you guys filled application as single or married? I am little worried because i am expecting my wife's case to be approved next year as i recently files her i-130 and my 2019 tax return will be needed in the next stage of processing. I want to file as married, don't care about the deductibles but at least for the correct record, but without her having SSN i can't include her in tax filing. I don't want visa officer to question her for this point, any advice, what you guys did? 

Your tax guys are idiots.  File MFS and amend your return when she gets a SS card.

 

Make sure you get all of her income records for your 1040X (ammended return) because what you need to do is amend your return, declare her a resident for tax purposes, add her income, file the foreign earned income exclusion and exclude it, and bank the difference between MFS and MFJ.

 

Wait - is this for next year?

Edited August 2, 2019 by Nitas_man

[sonicview 3]

58 minutes ago, JeanneAdil said:

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

 

follow the IRS directions by filing out the W7 with proof of marraige and spouse's ID for 2019 tax returns

this gives you the ITIN so you can file joint and be in lower tax bracket 

 

IRS is always the best place for tax info on returns

Thank you will read that. 

[sonicview 3]

26 minutes ago, Nitas_man said:

Your tax guys are idiots.  File MFS and amend your return when she gets a SS card.

 

Make sure you get all of her income records for your 1040X (ammended return) because what you need to do is amend your return, declare her a resident for tax purposes, add her income, file the foreign earned income exclusion and exclude it, and bank the difference between MFS and MFJ.

 

Wait - is this for next year?

She never worked and never did income tax filing in her home-country, I will file MFS and then later once she arrive here i can amend my tax return.

Yes it is for the next year, i have to file my tax before her counselor processing, and will send last 3 years of transcript, this year i got married and i want to show that in tax return. So immigration officer see that i filed as married and not single. 

[sonicview 3]

50 minutes ago, geowrian said:

Option 1 (Simple): File as Married Filing Separately (MFS). Write "NRA" in for her SSN. She doesn't need to file her own return.

These instructions are clearly written in the 1040 instructions...tell your tax guys they need to read the instructions more carefully.

 

Option 2: File as Married Filing Jointly (MFJ). This requires an SSN or ITIN from your spouse. Getting an ITIN is a few steps, but is possible. Read up on the process and then work on that W-7.

 

You can do #1 now and then amend (1040X) later once she has an SSN to get the better tax break.

Thank you! I am thinking to go with option 1 and once she arrive here, i amend my tax returns and go with option 2.