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camden

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    Filing taxes when spouse doesnt have a SSN

    in Tax & Finances During US Immigration

    Posted

    As the petitioner, what filing status do I use

    for my tax returns?

    You have three options: married filing

    separately (MFS), married filing jointly

    (MFJ), or head of household (HOH).

    For HOH, there's some criteria you need to

    meet to be able to use this. Please see the

    IRS website for more information. For most

    people though, it's either between MFS or MFJ.

    Before I continue, I will say this once and only

    once: YOU CANNOT FILE SINGLE. If you are

    married, you are married. Doesn't matter where

    in the universe your spouse is, YOU ARE STILL

    MARRIED. You will be lying to the IRS if you file

    as single, and if caught, could cause serious

    issues. If you have already filed taxes, either

    this year or last, and were married, yet filed as

    single, amend your tax return ASAP. If at the

    time of the interview, there are tax return

    transcripts in the case file showing the

    petitioner filed as single, this can be a HUGE red

    flag. The CO will have to wonder why the

    petitioner filed as single when they're trying to

    get a spousal visa. In their eyes, your

    relationship can be seen as a fraud and could

    be reason for denial.

    For both MFS and MFJ, the petitioner will have

    to file a paper tax return. Electronic

    submissions won't be possible the first year.

    Filing MFS will probably be the easiest for most

    people as it doesn't require any extra

    documents from the foreign spouse, nor does it

    require their signature. On the tax return, where

    it asks for the spouse's SSN, you would put

    'NRA' for Non-Resident Alien. Continue filling

    out the rest of the return as normal. That is all

    you have to do. (And if desired, once the spouse

    has immigrated to the US and has obtained a

    SSN, the petitioner can then amend their tax

    return to MFJ, to possibly get a bigger refund,

    but this isn't required.)

    Filing MFJ will typically mean a bigger refund

    up front, with no need to amend. This route

    takes a little more work though as the

    beneficiary will have to fill out a W7 (available

    on the IRS site), which requires a signature, and

    include document(s), so they can obtain a ITIN

    (it's like a SSN, but for the sole purpose of filing

    taxes, and is available for those not currently

    living in the US). This would then be included

    with the tax return, and sent to a special

    address for ITIN generation. For most

    countries, it may be hard to get the needed

    documents. (For Canada, it was uber easy, and

    this is how my husband did his taxes while I

    was still in Canada, waiting for my interview).

    Please view the instructions for the W7 form on

    the IRS website to see what documents will be

    needed.Repost from.Saylin

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