Filing tax returns as Married filing separately or single

[Luchhee 0]

Hello Everyone, 

My husband and I are a bit confused on how to file the incoming tax return. my husband initially filed taxes as “head of household” because he had a dependent on his taxes but currently he is no longer claiming any dependent. He wants to file as single because I am living abroad and I have no SSN, We don’t know if this would pose an issue during my interview. If it is possible to file as married but filing separately, how do we go about it?. My interview would be in Nigeria so we don’t want to make any mistakes, hoping to get a response from who had been in similar shoes

[Crazy Cat 39,220]

54 minutes ago, Luchhee said:

Hello Everyone, 

My husband and I are a bit confused on how to file the incoming tax return. my husband initially filed taxes as “head of household” because he had a dependent on his taxes but currently he is no longer claiming any dependent. He wants to file as single because I am living abroad and I have no SSN, We don’t know if this would pose an issue during my interview. If it is possible to file as married but filing separately, how do we go about it?. My interview would be in Nigeria so we don’t want to make any mistakes, hoping to get a response from who had been in similar shoes

He cannot legally file as single if married.  He should file as "Married- Filing separately".  

[Luchhee 0]

3 minutes ago, Crazy Cat said:

He cannot legally file as single if married.  He should file as "Married- Filing separately".  

Okay thanks. How do we get past filling out the SSN for me, since I don’t have that details. 

[Dil & Malar 91]

1 hour ago, Luchhee said:

Hello Everyone, 

My husband and I are a bit confused on how to file the incoming tax return. my husband initially filed taxes as “head of household” because he had a dependent on his taxes but currently he is no longer claiming any dependent. He wants to file as single because I am living abroad and I have no SSN, We don’t know if this would pose an issue during my interview. If it is possible to file as married but filing separately, how do we go about it?. My interview would be in Nigeria so we don’t want to make any mistakes, hoping to get a response from who had been in similar shoes

I filed as married even though my spouse is living abroad.  Goto H&R block and they take the passport and certifiy.  They will prepare the taxreturn and the application ITIN number (it is like SSN but not meant for work, it is for tax purpose only).  Both of the will be filed,  you will get ITIN number in about 2 to 3 months.  Tax return will be accepted prior to that

[Crazy Cat 39,220]

57 minutes ago, Luchhee said:

Okay thanks. How do we get past filling out the SSN for me, since I don’t have that details. 

1.  Your US citizen spouse can file as Married- Separately.  It does not require you to have a SSN or ITIN.

2.  You can file a joint return if you obtain an ITIN.  It requires him sending extra documents.   See the link below:

 

Taxpayer Identification Numbers (TIN) | Internal Revenue Service (irs.gov)

Edited October 8, 2022 by Crazy Cat

[JeanneAdil 6,193]

follow what IRS says

he has to file as Married

but he can file MFS OR MFJ (and claim u)

 

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

 

BTW  your husband should be asking these questions as he is the one that needs to know and follow the steps 

[SteveInBostonI130 3,319]

3 hours ago, Luchhee said:

Okay thanks. How do we get past filling out the SSN for me, since I don’t have that details. 

The easiest way is for your husband to file by paper as MFS, and hand-write NRA for your SSN.

 

Another way is to calculate your total income as a couple and see what your tax liability to the US would be when opting to be treated as a resident for tax purposes.  If the results are less taxes or bigger refund, then have your husband file MFJ along with a W7 to get you an ITIN.  This method will also require filing by paper and he will need a certified copy of your passport from the issuing agency, or your actual passport.   This is more complicated and the pros of a better refund may not outweigh the extra work or cost of getting an accountant. 

[Luchhee 0]

4 hours ago, Dil & Malar said:

I filed as married even though my spouse is living abroad.  Goto H&R block and they take the passport and certifiy.  They will prepare the taxreturn and the application ITIN number (it is like SSN but not meant for work, it is for tax purpose only).  Both of the will be filed,  you will get ITIN number in about 2 to 3 months.  Tax return will be accepted prior to that

Thank you very much 

[Luchhee 0]

1 hour ago, SteveInBostonI130 said:

The easiest way is for your husband to file by paper as MFS, and hand-write NRA for your SSN.

 

Another way is to calculate your total income as a couple and see what your tax liability to the US would be when opting to be treated as a resident for tax purposes.  If the results are less taxes or bigger refund, then have your husband file MFJ along with a W7 to get you an ITIN.  This method will also require filing by paper and he will need a certified copy of your passport from the issuing agency, or your actual passport.   This is more complicated and the pros of a better refund may not outweigh the extra work or cost of getting an accountant. 

Writing Non-resident Alien doesn’t constitute any issue. Do I still need a copy of passport if we going to write NRA ?

[Luchhee 0]

3 hours ago, JeanneAdil said:

follow what IRS says

he has to file as Married

but he can file MFS OR MFJ (and claim u)

 

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

 

BTW  your husband should be asking these questions as he is the one that needs to know and follow the steps 

Thank you. 
 

I would just show him, he doesn’t use VJ 

4 hours ago, Crazy Cat said:

1.  Your US citizen spouse can file as Married- Separately.  It does not require you to have a SSN or ITIN.

2.  You can file a joint return if you obtain an ITIN.  It requires him sending extra documents.   See the link below:

 

Taxpayer Identification Numbers (TIN) | Internal Revenue Service (irs.gov)

Thank you 

[Chancy 6,233]

*** Moved from IR1/CR1 Progress Reports to Tax & Finances During US Immigration, where similar topics are discussed ***

 

6 hours ago, Luchhee said:

My husband and I are a bit confused on how to file the incoming tax return. my husband initially filed taxes as “head of household” because he had a dependent on his taxes but currently he is no longer claiming any dependent. He wants to file as single because I am living abroad and I have no SSN, We don’t know if this would pose an issue during my interview. If it is possible to file as married but filing separately, how do we go about it?. My interview would be in Nigeria so we don’t want to make any mistakes, hoping to get a response from who had been in similar shoes

 

We were in a similar situation back in 2019/2020.  We were married in 2019, but I still lived overseas and had no SSN.  So my USC husband filed as HOH with dependent child for 2019, then MFS with NRA spouse in 2020.  No documents were required from me for my husband's MFS tax filing.  When I finally moved to the US and got my SSN, we filed to amend our 2019 & 2020 returns to MFJ.

 

[ruagod 0]

Chancy:  You wrote:  "So my USC husband filed as HOH with dependent child for 2019, then MFS with NRA spouse in 2020."

 

Did you also file a MFS tax return for tax year 2020?  Or did you not file at all?  I am in a similar situation.  I am USC and my Thai wife is not USC and has no income, so presumably does not need to file a US tax return.  So I guess I'm mostly wondering if me filing MFS triggers something in the IRS system that expects to find a corresponding MFS tax return from my spouse.

Edited October 8, 2022 by ruagod

[Crazy Cat 39,220]

41 minutes ago, ruagod said:

So I guess I'm mostly wondering if me filing MFS triggers something in the IRS system that expects to find a corresponding MFS tax return from my spouse.

No, it does not.  

[Wuozopo 4,285]

3 hours ago, Luchhee said:

Writing Non-resident Alien doesn’t constitute any issue. Do I still need a copy of passport if we going to write NRA ?

The need for a passport is that it is stand alone ID for the ITIN application  If you file a joint return, then an ITIN application goes with it.

 

If he files Married Filing Separately, no ID (passport) is needed from you because you aren’t getting an ITIN. You are not even filing a return.

 

Tax returns do not require an ID proof. It is only an ITIN application that needs passport as ID.

Edited October 8, 2022 by Wuozopo

[Crazy Cat 39,220]

3 hours ago, Luchhee said:

Writing Non-resident Alien doesn’t constitute any issue. Do I still need a copy of passport if we going to write NRA ?

I suggest the USC consult a competent tax expert.