Spousal Visa Affidavit of support

[RafaelTexas 13]

We were married in the US in July but my husband had to return to his country before his AOS, Work Permint or advanced parole was approved.  I am filing taxes now as married however, he does not have a social security nor an ITIN.  If I file married filing separate the IRS requires to submit the name, birthdate and social of the other spouse, which he does not have and if I file single, then that is lying on my tax return which is tax fraud and further more will show in my IRS expedient as single when I am actually married.  What to do, I see no other choice but to file married and enter no SSN and write a letter.

   

[dwheels76 5,459]

22 minutes ago, RafaelTexas said:

We were married in the US in July but my husband had to return to his country before his AOS, Work Permint or advanced parole was approved.  I am filing taxes now as married however, he does not have a social security nor an ITIN.  If I file married filing separate the IRS requires to submit the name, birthdate and social of the other spouse, which he does not have and if I file single, then that is lying on my tax return which is tax fraud and further more will show in my IRS expedient as single when I am actually married.  What to do, I see no other choice but to file married and enter no SSN and write a letter.

   

You do not need ITIN or SSN Married filing Separate. But you can't file electronically you must mail in.File MFS it's fine.

[RafaelTexas 13]

The problem is that there is a huge difference in tax liability, owe $ 191.00 if filing married filing jointly and $4,250.00 if filing married filing separate.  Not fair, I will file married and enclose a letter and see what happens. 

[hunny&me 267]

Here is info you  are looking for... https://www.irs.gov/individuals/international-taxpayers/nonresident-spouse

File married jointly, attach form W-7 to your Federal Tax Return.  You can file by mail only, I believe.  You have to elect to file jointly.  Which means, all world income will need to be filed.  If spouse did not earn money in 2021, great!  Big tax break for you.

I searched this information last year as am filing married jointly.  But I have not started on my taxes.  Probably early March.. So not much I can refer yet than the link.  

Edited January 30, 2022 by hunny&me

[pushbrk 12,096]

29 minutes ago, hunny&me said:

Here is info you  are looking for... https://www.irs.gov/individuals/international-taxpayers/nonresident-spouse

File married jointly, attach form W-7 to your Federal Tax Return.  You can file by mail only, I believe.  You have to elect to file jointly.  Which means, all world income will need to be filed.  If spouse did not earn money in 2021, great!  Big tax break for you.

I searched this information last year as am filing married jointly.  But I have not started on my taxes.  Probably early March.. So not much I can refer yet than the link.  

That is the correct information but the Catch 22 is how you deal with the foreign spouse's passport.  IRS is processing so slow now, I wouldn't want to send the actual passport.  If possible, get a copy of the passport authenticated in the foreign spouse's country, at an IRS office there, so he doesn't have to be without the passport.