Filing Taxes this year and I-864

[Sadie]

Hi,

 

I have two questions, one general and one more specific.

 

The first is, My SO and I were married here in China (we filed DCF) in 2007 and are currently in the process of getting his visa (we just received the P3). Now is getting close to tax time and I'm not sure how to file. Obviously he has no SSN. Do I file a W-7? Is it better to just file for an extension now and figure this out once he gets to the US? His only income has been in China and I'm guessing we don't have to report that.

 

This also bears on our I-864. Our interview date will most likey be right around the time that taxes are due. Do I report my 2008 or 2007?

 

Thanks!

[Urkidding]

Hi,

 

I have two questions, one general and one more specific.

 

The first is, My SO and I were married here in China (we filed DCF) in 2007 and are currently in the process of getting his visa (we just received the P3). Now is getting close to tax time and I'm not sure how to file. Obviously he has no SSN. Do I file a W-7? Is it better to just file for an extension now and figure this out once he gets to the US? His only income has been in China and I'm guessing we don't have to report that.

 

This also bears on our I-864. Our interview date will most likey be right around the time that taxes are due. Do I report my 2008 or 2007?

 

Thanks!

 

 

This may help you answer some of you questions.

 

Filing Taxes in 2007

 

Good Luck!

[LeeFisher3]

Hi,

 

I have two questions, one general and one more specific.

 

The first is, My SO and I were married here in China (we filed DCF) in 2007 and are currently in the process of getting his visa (we just received the P3). Now is getting close to tax time and I'm not sure how to file. Obviously he has no SSN. Do I file a W-7? Is it better to just file for an extension now and figure this out once he gets to the US? His only income has been in China and I'm guessing we don't have to report that.

 

This also bears on our I-864. Our interview date will most likey be right around the time that taxes are due. Do I report my 2008 or 2007?

 

Thanks!

You need to get your taxes filed before the interview. GZ is getting close to the time when they begin expecting to see 2007 tax returns in spite of them not being due until April 15.

 

Your easiest route would be to file file married separately and then once you arrive in the US file an amended return with his new SSN.

 

Also, the IRS is only able to send the tax rebates to those who filed taxes with an SSN which makes filing a W-7 less desirable when you will be able to get an SSN a couple of weeks after entering the US.

[Sadie]

 

This may help you answer some of you questions.

 

Filing Taxes in 2007

 

Good Luck!

 

This is very helpful thank you. However, I'm still unclear as to if I MUST declare him and If I do, what kind of income he has to report and where he gets that number from.

 

I actually worked very little last year and I'm filing only because I want to maintain domicile in the US. A deduction may not be such a good benefit...

 

I'm also still not sure about what to put down for the I-864...

[LeeFisher3]

 

This may help you answer some of you questions.

 

Filing Taxes in 2007

 

Good Luck!

 

This is very helpful thank you. However, I'm still unclear as to if I MUST declare him and If I do, what kind of income he has to report and where he gets that number from.

 

I actually worked very little last year and I'm filing only because I want to maintain domicile in the US. A deduction may not be such a good benefit...

 

I'm also still not sure about what to put down for the I-864...

Unless you file jointly you can not declare him as a dependent. Take a look at Filing Taxes.

 

With a lower income this year making the first year choice when he has his SSN gets you in line for receiving a tax rebate.

 

Filing married separately is declaring him as your spouse.

[jim_julian]

If you file jointly as a married couple then his income is China is subject to US taxes ... many factors apply. You need to spend several hours studying at the IRS website.

[Randy W]

 

You need to get your taxes filed before the interview. GZ is getting close to the time when they begin expecting to see 2007 tax returns in spite of them not being due until April 15.

 

Your easiest route would be to file file married separately and then once you arrive in the US file an amended return with his new SSN.

 

Also, the IRS is only able to send the tax rebates to those who filed taxes with an SSN which makes filing a W-7 less desirable when you will be able to get an SSN a couple of weeks after entering the US.

 

This is probably a side issue for them, but . . .

 

Isn't there a question there as to whether they would be able to get the second rebate when it would be dependent on the amended return?

 

My guess (without having anything to back it up) is that they would not.

[Sebastian]

You can also file a request for ITIN (W-7) with a paper 1040 return, but both must be postal mailed to an address in Austin. I've heard it takes between 6 to 12 weeks for the return to be processed. Can you afford 12 weeks? (plus the additional time to get somebody to get the tax transcript to you) ??

[LeeFisher3]

You can also file a request for ITIN (W-7) with a paper 1040 return, but both must be postal mailed to an address in Austin. I've heard it takes between 6 to 12 weeks for the return to be processed. Can you afford 12 weeks? (plus the additional time to get somebody to get the tax transcript to you) ??

A photo copy of the return is all that is neccessary for GZ.

[LeeFisher3]

 

You need to get your taxes filed before the interview. GZ is getting close to the time when they begin expecting to see 2007 tax returns in spite of them not being due until April 15.

 

Your easiest route would be to file file married separately and then once you arrive in the US file an amended return with his new SSN.

 

Also, the IRS is only able to send the tax rebates to those who filed taxes with an SSN which makes filing a W-7 less desirable when you will be able to get an SSN a couple of weeks after entering the US.

 

This is probably a side issue for them, but . . .

 

Isn't there a question there as to whether they would be able to get the second rebate when it would be dependent on the amended return?

 

My guess (without having anything to back it up) is that they would not.

Hard to say, but filing with an ITIN would probably exclude him from being considered part of the rebate pool even with an ammended return.

[Sadie]

So, even if I file married separately, it still asks for my spouse's SSN... which means I would still have to file a W-7 and therefore not be eligible for the tax rebate?

 

Really, filing single and amending later seems like the easiest way, I would expect that the VO would know about this issue. I'm curious if anyone has run into a problem with filing single before...

 

Also, why not just file for an extension and bring a copy of that to the interview along with 3 previous years returns?

[LeeFisher3]

So, even if I file married separately, it still asks for my spouse's SSN... which means I would still have to file a W-7 and therefore not be eligible for the tax rebate?

 

Really, filing single and amending later seems like the easiest way, I would expect that the VO would know about this issue. I'm curious if anyone has run into a problem with filing single before...

 

Also, why not just file for an extension and bring a copy of that to the interview along with 3 previous years returns?

You don't have to include him at this time. The instructions for form 1040 have the following:

Page 12

Nonresident Alien Spouse

If your spouse is a nonresident alien, he or

she must have either an SSN or an ITIN if:

• You file a joint return,

• You file a separate return and claim an

exemption for your spouse, or

• Your spouse is filing a separate return.

 

Page 13

Line 3

Married Filing Separately

Be sure to enter your spouse¡¯s SSN or

ITIN on Form 1040 unless your spouse

does not have and is not required to have an

SSN or ITIN.

As he is not filing taxes he is not required to have an SSN or ITIN at this time. Just don't claim him as a dependent.

 

Once you arrive in the US you will want to get his SSN and then file an ammended return as Married filing Jointly, which requires making the first year choice. Then you have filed using an SSN.

 

As for his income be sure to collect all the W-2's he received in China and report that income. Or that is what some people suggest.