Filing taxes while waiting on spouse visa

[RF_COK/JFK 7]

Hi guys! I read so many different answers to my ques, now Idk what I should do? What is the correct way of filing taxes when your spouse is not in the us (meaning were in the process of our ir/cr) I asked my accountant and two others, they're all telling me to apply as single, since he doesn't have a Ssn and then amend once he gets here. Does any one have any experience doing paper filing and putting nra? Read somewhere that they longer accept that? How did ppl with a case as mine file? (I know I have to file as married, but since my accountant is telling me this im confused) thanks in advance!

[Darnell 8,478]

here's what we did:

1. chased an ITIN w/form W-7, filing a paper return into the special IRS office in Austin TX

2. filed married filing jointly.

3. included a cover letter stating that we were electing for her to be classified as a resident alien for tax purposes with the 1040 submittal.

study the ID requirements for the W-7, carefully.

[novedsac 355]

Ah - Darnell beat me to it.

For the W7 you will need a primary document, like a passport. Ideally, one would present or send in the original passport with the application. However, IRS will accept a certified copy which is a copy certified by the original document's issuing authority.

This really is the cleanest option.

You are married - so MFJ and MFS are the only options available to you, with HOH under very limited circumstances.

[diyap 40]

I have the same doubt.. plz rohinifenu let me know how you file.. according to my lawyer filing as single ia okay

[RF_COK/JFK 7]

Thanks guys for your help, I was trying to avoid getting ITIN, since there's only one month left is that enought time to get the certified copy and get ITIN? Is there another way? Someone said to file via taxact? Sure diyap I will let u know

[novedsac 355]

Thanks guys for your help, I was trying to avoid getting ITIN, since there's only one month left is that enought time to get the certified copy and get ITIN? Is there another way? Someone said to file via taxact? Sure diyap I will let u know

With express shipping, sure it is enough time.

Never used taxact. Usually without an SSN or ITIN, you need to file a paper return. It's quite easy though.

The issue with MFS or S is that your tax burden needs to be paid by April 15th, even if you file for an extension to file the tax return (note there is NO extension for payment of the tax itself, only the filing of the return). Presumably you would have a higher tax burden when filing MFS or S. Depending on how taxes have been withheld for the year, you may find yourself paying to satisfy the tax burden (and avoid penalties) and then when amended as MFJ receive a refund (most likely).

If the tax has already been paid (ie, you will owe nothing on April 15th), then I would even consider filing a few weeks late if that's what I needed to receive the ITIN documentation. If the tax is paid, there is no tax penalty and if you file the return within 60 days of April 15th then you would even avoid the $135 late filing penalty. So, if your tax burden is paid on time, you effectively have another 60 days to get your ITIN documentation together. Note, if you do owe tax, you can send in a tax payment without filing a tax return, as long as you do it by April 15th.

[novedsac 355]

I have the same doubt.. plz rohinifenu let me know how you file.. according to my lawyer filing as single ia okay

Except that when you sign a federal tax return you are agreeing to the statement there that the information you are providing is accurate and truthful.

How can that be truthful if you are filing as 'single' whilst you are 'married' and do not fit within the IRS definition of 'unmarried' ?

In practice, IRS isn't going to come after someone for filing S when they should have filed under some other category, after all, S usually results in a higher tax burdern. It still doesn't make it right though.

[KierenHby 897]

A lawyer suggesting filing single is only suggesting so in the interest of time. An adjudicating officer at AOS or embassy could question your tax declaration of single status whilst petitioning for a spouse.

[RF_COK/JFK 7]

Thanks guys for all the replies! Really appreciate it, so this is what the new accountant that I saw recommends... To do paper filling and put nra where ssn number goes, I'm filling as married filling separately... Attaching a letter as well as a copy of the marriage certificate... She said I will get a response back within a month, Hope this works .... She wasn't too fond of doing married filling jointly with itin Cuz it's a bit more work getting my husbands tax papers from India and he might get taxed here and there in India too? I think I'll stick to her recommendations... Really really appreciate you all getting back to my post! Thanks again

[RF_COK/JFK 7]

Just want to let anyone else who will be looking for this info in the future ... I did paper filing put nra under ssn and married filling separately... My accountant also wrote a letter explaining the situation as well as a copy of my marriage certificate. I got my refund in about 3 weeks...thanks guys for all the help ?