IRS Filing Status

[defendo]

I made one big mistake last year. When I filed my tax return for 2007, I filed as single, not married because my wife was not in the US. I read the IRS publication 501, which did not really address this. Since the status of Married, filing separately requires a SS number, I decided to just claim single.

 

I just spoke to the IRS, I was told that my wife is considered a Nonresident Alien Spouse and that I should claim my status as married, filing seperately. Instead of writing in a SS number, I was advised to write "Nonresident Alien Spouse" in that space.

 

My tax filing from last year probably is part of the reason the VO denied my wife's visa after the interview. I am going to have to figure out how to rehabilate this issue.

 

I just thought I would pass this along so no one else makes this mistake.

[Bryon_Tran]

I made one big mistake last year. When I filed my tax return for 2007, I filed as single, not married because my wife was not in the US. I read the IRS publication 501, which did not really address this. Since the status of Married, filing separately requires a SS number, I decided to just claim single.

 

I just spoke to the IRS, I was told that my wife is considered a Nonresident Alien Spouse and that I should claim my status as married, filing seperately. Instead of writing in a SS number, I was advised to write "Nonresident Alien Spouse" in that space.

 

My tax filing from last year probably is part of the reason the VO denied my wife's visa after the interview. I am going to have to figure out how to rehabilate this issue.

 

I just thought I would pass this along so no one else makes this mistake.

Do you claim 1 then since your filing seperate? Do they hold out the same amount of taxes or more?

[Sebastian]

You could still use 'married filing jointly' but then you'll have to file the W-7 - so you'll have to do a complete paper return (nothing electronic except for the rebate) and send the return with W-7 into the special 'w-7' address in austin.

 

You won't qualify for any 'tax break' from the stimulus package for 2 ppl , as she doesn't have a ssn, but you do benefit from the 2 exemptions.

 

defendo - you can file an amended return for 2007, include the w-7 paperwork, and send it all in to the austin irs service center, again at the 'w-7 mailing address' .

Edited January 16, 2009 by Darnell (see edit history)

[chilton747]

The W-7 will get her an ITIN number. This number is what you use instead of her SS#. IMO, it is better to file together and not separately.

[defendo]

I made one big mistake last year. When I filed my tax return for 2007, I filed as single, not married because my wife was not in the US. I read the IRS publication 501, which did not really address this. Since the status of Married, filing separately requires a SS number, I decided to just claim single.

 

I just spoke to the IRS, I was told that my wife is considered a Nonresident Alien Spouse and that I should claim my status as married, filing seperately. Instead of writing in a SS number, I was advised to write "Nonresident Alien Spouse" in that space.

 

My tax filing from last year probably is part of the reason the VO denied my wife's visa after the interview. I am going to have to figure out how to rehabilate this issue.

 

I just thought I would pass this along so no one else makes this mistake.

Do you claim 1 then since your filing seperate? Do they hold out the same amount of taxes or more?

 

I believe I will owe more, the old marriage penalty. We have to pay the extra tax for being married, but we can not live with our spouse in the good ole USA!

[Sebastian]

Really? the exemption for 'marriage filing jointly' is larger than 'single' - which tax tables are you looking at for form 1040 ?

[Randy W]

"Marriage penalty" only applies if you both report income.

 

Married filing jointly is always less than filing single on the same income.

[defendo]

"Marriage penalty" only applies if you both report income.

 

Married filing jointly is always less than filing single on the same income.

 

It looks like I don't know what I am talking about. What through me off was when I did not have a SS number for my wife. I will not make the same mistake.

 

But I do not understand how you can filling jointly with out an SS number.

[chilton747]

"Marriage penalty" only applies if you both report income.

 

Married filing jointly is always less than filing single on the same income.

 

It looks like I don't know what I am talking about. What through me off was when I did not have a SS number for my wife. I will not make the same mistake.

 

But I do not understand how you can filling jointly with out an SS number.

 

 

You fill out your tax forms as married filing jointly, then you also fill out a W7 and send the entire tax form to the address shown on the W7 instructions. She will be issued an ITIN. It is that easy.

[Bryon_Tran]

The W-7 will get her an ITIN number. This number is what you use instead of her SS#. IMO, it is better to file together and not separately.

so if I go and marry her in a few month I could have her fill out a W-7 and I could start declareing 2 then file joint as 2 dependents and get more money back at the end of the year also. Right now they are holding about 400 amonth out on taxes but if I declare 2 I should get an extra 200 to send her now I can only afford to send her 200 because of the economy. She does have a job making 15$ a month I wonder if she will have to declare that or not?

 

We are planning on having a child also so the baby will get a ss right away and I can declare 3.

[chilton747]

The W-7 will get her an ITIN number. This number is what you use instead of her SS#. IMO, it is better to file together and not separately.

so if I go and marry her in a few month I could have her fill out a W-7 and I could start declareing 2 then file joint as 2 dependents and get more money back at the end of the year also. Right now they are holding about 400 amonth out on taxes but if I declare 2 I should get an extra 200 to send her now I can only afford to send her 200 because of the economy. She does have a job making 15$ a month I wonder if she will have to declare that or not?

 

We are planning on having a child also so the baby will get a ss right away and I can declare 3.

 

You do not have to report her income. You can Google the W7 and find the form with instructions.

[Sebastian]

"Marriage penalty" only applies if you both report income.

 

Married filing jointly is always less than filing single on the same income.

 

It looks like I don't know what I am talking about. What through me off was when I did not have a SS number for my wife. I will not make the same mistake.

 

But I do not understand how you can filling jointly with out an SS number.

http://candleforlove.com/forums/index.php?...st&p=469276

[usaRichard]

You could still use 'married filing jointly' but then you'll have to file the W-7 - so you'll have to do a complete paper return (nothing electronic except for the rebate) and send the return with W-7 into the special 'w-7' address in austin.

 

You won't qualify for any 'tax break' from the stimulus package for 2 ppl , as she doesn't have a ssn, but you do benefit from the 2 exemptions.

 

defendo - you can file an amended return for 2007, include the w-7 paperwork, and send it all in to the austin irs service center, again at the 'w-7 mailing address' .

This nums my mind, what would be better file jointly and no tax stimulas rebate or file married separately with the rebate, or is it too soon to tell since the rebate has not been worked out. Or....something else?

[Sebastian]

Richard - you can check some quick math on the tax tables, you will claim 3 exemptions? you , amanda and her son?

 

Of Course there's not 'stimulus rebate' or whatever its called, as you'll have two dependents without SSNs. But they still count as exemptions on the 1040.

[TheMace]

How would you handle state income tax retrun?