JasonTrue

Assuming the probable case that you'll be owed a refund when you amend your return, you have however long the IRS allows to claim a refund on previous tax years. Once upon a time, that was 2 or 3 years. I haven't checked recently.

THANKS EVERYONE FOR YOUR HELP. DO YOU GUYS KNOW HOW LONG I HAVE TO AMEND THE FILING IF I FILE MARRIED FILING SEPERATELY THEN AMEND TO JOINT WHEN HE GETS HERE?

To the other question, "married" status applies to anyone who is married, regardless of where your spouse lives.

This is an IRS question rather than an immigration one, and I'm not an accountant, so you should do your own research. However, I've been going through the same thing.

You qualify to file married filing jointly. You should run the numbers and determine whether it's better to file "married filing jointly" or "married filing separately/head of household." There's some information on the IRS web site on exactly this situation. If your spouse had no income at all, it'll probably be better to file jointly. You need to report the spouse's worldwide income on your 1040, under "other income" but it is not taxable under a certain amount.

You need to apply for a tax id for the non-resident spouse using the W-7 form and this requires a certified copy of your spouse's passport. The W-7 has a line for "non-resident spouse of a US resident/citizen" which is the category that qualifies your husband for a tax id.

You need to get your spouse's signature on the W-7 and on your 1040, so don't wait until April to get things kicked off.

From what I can tell, you should be able to file the 1040 with a photocopy of the W-7 and an explanation if you don't have the tax ID before filing your taxes. However, if you are in a hurry to get some part of your refund before you get all the paperwork back from your spouse, you could always file your 1040 as married/separately and then use a 1040X to amend your return when you get the spouse's signature.

Could anyone tell me? I got married last May in Bosnia. I lived over there a few months and came back. My husband worked on a US based cruise ship Jan-June then returned to Bosnia. He has never lived in the States. He has no income in Bosnia for 2007. How do I file my taxes? Can I file married filing jointly if he has never lived here?

You may want to double-check on the SSN requirement for the Driver's License. Washington state says that they require a SSN or:

"If you haven’t been issued a Social Security number, you may sign a declaration form when you visit the driver licensing office."

You'll still need some proof of residency, but the visa and some joint utility bill or copy of a lease should be enough. I suspect all states have the same exception.