Possible to file tax as married while beneficiary is living abroad

[Crazy Cat 39,215]

3 minutes ago, sonicview said:

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. 

I did that for a couple years.....no issues at all......and now the transcripts accurately reflect filing married separately for those years....

[JeanneAdil 6,191]

8 minutes ago, sonicview said:

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. 

embassies are well aware that can file married (joint or separate)

i added Adil 2010 and all the years after 

he didn't get his visa till 2015 

your tax guy doesn't know his job well / he too is doing simple online tax returns from an app on computer

do it by paper and follow IRS instructions

 

[LilyJ 1,258]

If your tax guy is telling you to file single while you are married...then you need a new tax guy. It is not legal to file as single when you are married, the previous 2 options posted (married filing jointly or married filing separately) are your only 2 options

[Scott001 119]

Here's a similar thread on filing taxes and obtaining an ITIN. There's also an option to go in to an IRS office to file the W-7. They will also make a copy of the PP for you and it will be considered certified. (According to this VJ member's experience). I'm planning on doing the IRS office route later next month.  

 

 

[sonicview 3]

11 minutes ago, Scott001 said:

Here's a similar thread on filing taxes and obtaining an ITIN. There's also an option to go in to an IRS office to file the W-7. They will also make a copy of the PP for you and it will be considered certified. (According to this VJ member's experience). I'm planning on doing the IRS office route later next month.  

 

 

Thanks for pointing this out. But unfortunately I can’t go to IRS office personally to get my wife’s ITIN because my spouse is overseas and not present here. This is definitely useful for those whose beneficiary spouse is in USA. 

[Scott001 119]

Just now, sonicview said:

Thanks for pointing this out. But unfortunately I can’t go to IRS office personally to get my wife’s ITIN because my spouse is overseas and not present here. This is definitely useful for those whose beneficiary spouse is in USA. 

In our case she will be visiting. So she gets to go sightseeing at a Fed building exciting 😃

[sonicview 3]

Just now, Scott001 said:

In our case she will be visiting. So she gets to go sightseeing at a Fed building exciting 😃

Nice that is good you guys can meet. 

[Ryan H 3,790]

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

[LilyJ 1,258]

12 minutes ago, sonicview said:

Thanks for pointing this out. But unfortunately I can’t go to IRS office personally to get my wife’s ITIN because my spouse is overseas and not present here. This is definitely useful for those whose beneficiary spouse is in USA. 

You can still file for an ITIN I believe but this is only required for filing jointly. You also still have the option of filing your taxes married filing separately, it doesn't require a SSN or ITIN but you will have to file your taxes by paper mail (it can't be e-filed) with "NRA" (non-resident alien) written in the space where your spouse's SSN would usually go

[sonicview 3]

1 minute ago, LilyJ said:

You can still file for an ITIN I believe but this is only required for filing jointly. You also still have the option of filing your taxes married filing separately, it doesn't require a SSN or ITIN but you will have to file your taxes by paper mail (it can't be e-filed) with "NRA" (non-resident alien) written in the space where your spouse's SSN would usually go

Next week I will go to local IRS office and find out what I have to do to get her ITIN while she is overseas. 

[LilyJ 1,258]

1 minute ago, sonicview said:

Next week I will go to local IRS office and find out what I have to do to get her ITIN while she is overseas. 

You can mail the application for the ITIN, as long as you have all the required documentation
Here's all your options:
https://www.irs.gov/credits-deductions/individuals/how-do-i-apply-for-an-itin

[Dalila Gonzalez 49]

9 hours 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? 

This isn’t necessarily true, you can get an ITIN (individual taxpayer ID number) for your significant other and with that you should be able to file as married because it replaces the social, plus no matter where they live if your spouse is a dependent they’re a dependent regardless of where they are currently living. You might just have to find a tax person that can request ITINs because not all tax people can

[carmel34 3,529]

Your spouse living abroad can fill out the W-7, no need to be in the US.  Many countries have certifying agencies that can certify the foreign passport and complete the form for an ITIN.  My husband, who lives in Brazil, did this when we were in London in April.  An accountant in London who is a certifying agent met us at Heathrow Airport and completed the W-7 and sent it with our MFJ tax return and we got a larger refund that way.  So check out certifying agents in her country.  Most major accounting firms (big 4) are certifying agents all over the world.  Good luck!

[Abcd1234 102]

11 hours 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? 

Thanks so much for asking this question. I dont want to file separate either, we got married in april 2019, i am filling for my spouse in a week, she could be here by end of 2020 if visa process goes well. I will be saving thousands if i can file jointly, and i can wait for tax refunds, dont need money urgently, I dont mind...

   So what is best option for 2019? My tax person said the same 😕 that you cant do it because she doesn't have ssn...makes me mad.

 

     i will need to show 2019 tax returns probably for sponsoring my spouse, would a delay by long tax process affect the case? 

  If i do MFS for 2019, how long do i have it, to amend it to MFJ? Does it need to be done before next tax returns?

  Lets assume if visa process takes long because of background checks, being Pakistani,  and we get visa in 2021, and i file 2019 as MFS and 2020 as MFS too, would i get both refunds if i amend it in 2021?

   Sorry,  long question,  but it will help us a lot. What is my best option.

  I really appreciate and love visajourney.

[geowrian 22,335]

12 minutes ago, Abcd1234 said:

If i do MFS for 2019, how long do i have it, to amend it to MFJ? Does it need to be done before next tax returns?

I'm unsure on an actual limit, but within 3 years is a simple 1040X.