tax time and a few other questions

[seafood10]

hi all,

 

first i would like to say this is a great forum which provide help for getting love ones oversea to come to usa. a little bit about myself, i got married in china nov. 2011. i've started the process of getting a spousal visa with the i-130 form in dec. 2011. also she is pregnant and is expecting our child in aug. of this year 2012. i will go back to china after the child is borned and go the the us embassy in guangzhou to make sure the child is a us citizen.

 

now i browse thru the forum read some ppl are putting their spousal in their 1040 tax form and some don't. i went to my cpa this weekend and ask him if i can put my spouse in my 1040 form and he said, yes i can but i can't claim her or she is non-exempt which mean my tax refund won't be affected either way. in other word, i won't be getting a big tax refund or small tax refund if i put her in my tax form or not. is that true? can someone who file their 1040 last year verify this?

 

questions:

 

1. now that she is pregnant with our child, do you think this will greatly improve her chance of coming to the usa now? meaning 100%? of course, i will still gather other evidences, phone logs, photos of our trip and with her family, money send to her to support her now since she is pregnant and no longer working, email, etc.

 

2. can someone let me know what i need to do once the child is borned? do i just get the birth certificate and walk into the us embassy in guangzhou to claim the child is mine and thus the child become a us citizen and then get a us passport? is it that simple?

 

3. can someone verify and let me know for sure if i put her in my 1040, that it won't my refund either way? is that true? or should i fire my cpa/accountant? i'm thinking of not putting her name since it is too much of a hassle by gettting a w7 form and having my wife going to guangzhou to get a stamp and have her sending it back to me if i'm not getting a big refund if i can't claim her as dependent. i know most ppl still say just do it anyway just to prove she is your wife when she go for the interview in guangzhou us embassy. but like i said, she is already pregnant with our child. if that is not enought evidence i don't know what is. but if someone here who fill out their tax form and put their spouse as a dependent and got a big refund, please let me know for sure. then i will definately will put her in then. please provide evident like a link from the irs saying i can claim my foreign spouse and thus i will be getting a big refund.

 

thx in advance.

[Randy W]

hi all,

 

first i would like to say this is a great forum which provide help for getting love ones oversea to come to usa. a little bit about myself, i got married in china nov. 2011. i've started the process of getting a spousal visa with the i-130 form in dec. 2011. also she is pregnant and is expecting our child in aug. of this year 2012. i will go back to china after the child is borned and go the the us embassy in guangzhou to make sure the child is a us citizen.

 

now i browse thru the forum read some ppl are putting their spousal in their 1040 tax form and some don't. i went to my cpa this weekend and ask him if i can put my spouse in my 1040 form and he said, yes i can but i can't claim her or she is non-exempt which mean my tax refund won't be affected either way. in other word, i won't be getting a big tax refund or small tax refund if i put her in my tax form or not. is that true? can someone who file their 1040 last year verify this?

 

questions:

 

1. now that she is pregnant with our child, do you think this will greatly improve her chance of coming to the usa now? meaning 100%? of course, i will still gather other evidences, phone logs, photos of our trip and with her family, money send to her to support her now since she is pregnant and no longer working, email, etc.

 

2. can someone let me know what i need to do once the child is borned? do i just get the birth certificate and walk into the us embassy in guangzhou to claim the child is mine and thus the child become a us citizen and then get a us passport? is it that simple?

 

3. can someone verify and let me know for sure if i put her in my 1040, that it won't my refund either way? is that true? or should i fire my cpa/accountant? i'm thinking of not putting her name since it is too much of a hassle by gettting a w7 form and having my wife going to guangzhou to get a stamp and have her sending it back to me if i'm not getting a big refund if i can't claim her as dependent. i know most ppl still say just do it anyway just to prove she is your wife when she go for the interview in guangzhou us embassy. but like i said, she is already pregnant with our child. if that is not enought evidence i don't know what is. but if someone here who fill out their tax form and put their spouse as a dependent and got a big refund, please let me know for sure. then i will definately will put her in then. please provide evident like a link from the irs saying i can claim my foreign spouse and thus i will be getting a big refund.

 

thx in advance.

 

 

A spouse is a spouse for income tax purposes - no distinction is made between a foreign spouse and an American spouse. Check the 1040 instructions, or the 1040 form itself. It asks for your spouse's name and SS or ITIN number.

 

In order to file married filing jointly, you will need an ITIN for your spouse, which you apparently already know about. The W7 is filed with your income tax return, which is mailed to the Austin address specified on that form's instructions. The ITIN functions the same as a Social Security number for income tax purposes. Thus, you are entitled to all exemptions and deductions that EVERY income tax filer is entitled to.

 

Simply check the tax tables to see the difference between filing single and filing married filing jointly. Don't forget the additional exemption and deduction that you are entitled to, as long as you were married on Dec. 31 of last year

 

Documents acceptable for identification include the passport, or two of the other documents listed at http://www.irs.gov/individuals/article/0,,id=96287,00.html (e.g., National ID, driver's license, birth certificate). Note that these must be the original documents, or notarized copies. Since China is not a party to the Hague Convention, a copy of the document must be notarized either at a Consulate, or here in the US. Originals may be mailed in (they will be returned, although this is not recommended), or may be taken to an IRS office.

 

Apply using Form W-7, Application for IRS IndividualTaxpayer Identification Number, which must be attached to an income tax return and mailed to the ITIN Operation Service Center in Austin, TX. Use this address for both the W-7 and the return instead of the one listed in the instruction book.

 

For your first year filing jointly, you will want to get a copy of Publication 519, U.S. Tax Guide for Aliens

[Randy W]

For your child, you will need an exit visa. This may be obtained at your local PSB Entry & Exit bureau - work with them as to what is required. They will generally issue a document which will allow your child to leave the country. You may wish to check with the PSB before applying for the passport, as the passport is often not needed for the exit visa.

[seafood10]

hi all,

 

first i would like to say this is a great forum which provide help for getting love ones oversea to come to usa. a little bit about myself, i got married in china nov. 2011. i've started the process of getting a spousal visa with the i-130 form in dec. 2011. also she is pregnant and is expecting our child in aug. of this year 2012. i will go back to china after the child is borned and go the the us embassy in guangzhou to make sure the child is a us citizen.

 

now i browse thru the forum read some ppl are putting their spousal in their 1040 tax form and some don't. i went to my cpa this weekend and ask him if i can put my spouse in my 1040 form and he said, yes i can but i can't claim her or she is non-exempt which mean my tax refund won't be affected either way. in other word, i won't be getting a big tax refund or small tax refund if i put her in my tax form or not. is that true? can someone who file their 1040 last year verify this?

 

questions:

 

1. now that she is pregnant with our child, do you think this will greatly improve her chance of coming to the usa now? meaning 100%? of course, i will still gather other evidences, phone logs, photos of our trip and with her family, money send to her to support her now since she is pregnant and no longer working, email, etc.

 

2. can someone let me know what i need to do once the child is borned? do i just get the birth certificate and walk into the us embassy in guangzhou to claim the child is mine and thus the child become a us citizen and then get a us passport? is it that simple?

 

3. can someone verify and let me know for sure if i put her in my 1040, that it won't my refund either way? is that true? or should i fire my cpa/accountant? i'm thinking of not putting her name since it is too much of a hassle by gettting a w7 form and having my wife going to guangzhou to get a stamp and have her sending it back to me if i'm not getting a big refund if i can't claim her as dependent. i know most ppl still say just do it anyway just to prove she is your wife when she go for the interview in guangzhou us embassy. but like i said, she is already pregnant with our child. if that is not enought evidence i don't know what is. but if someone here who fill out their tax form and put their spouse as a dependent and got a big refund, please let me know for sure. then i will definately will put her in then. please provide evident like a link from the irs saying i can claim my foreign spouse and thus i will be getting a big refund.

 

thx in advance.

 

 

A spouse is a spouse for income tax purposes - no distinction is made between a foreign spouse and an American spouse. Check the 1040 instructions, or the 1040 form itself. It asks for your spouse's name and SS or ITIN number.

 

In order to file married filing jointly, you will need an ITIN for your spouse, which you apparently already know about. The W7 is filed with your income tax return, which is mailed to the Austin address specified on that form's instructions. The ITIN functions the same as a Social Security number for income tax purposes. Thus, you are entitled to all exemptions and deductions that EVERY income tax filer is entitled to.

 

Simply check the tax tables to see the difference between filing single and filing married filing jointly. Don't forget the additional exemption and deduction that you are entitled to, as long as you were married on Dec. 31 of last year

 

Documents acceptable for identification include the passport, or two of the other documents listed at http://www.irs.gov/individuals/article/0,,id=96287,00.html (e.g., National ID, driver's license, birth certificate). Note that these must be the original documents, or notarized copies. Since China is not a party to the Hague Convention, a copy of the document must be notarized either at a Consulate, or here in the US. Originals may be mailed in (they will be returned, although this is not recommended), or may be taken to an IRS office.

 

Apply using Form W-7, Application for IRS IndividualTaxpayer Identification Number, which must be attached to an income tax return and mailed to the ITIN Operation Service Center in Austin, TX. Use this address for both the W-7 and the return instead of the one listed in the instruction book.

 

For your first year filing jointly, you will want to get a copy of Publication 519, U.S. Tax Guide for Aliens

 

Randy W,

 

thx for your quick reply. how sure are you that i can claim my spouse as dependent while my tax accountant was pretty damn sure i can't claim her? did u file income tax last year with your foreign spouse and claim her as dependent? so what you are telling me is my tax accountant is wrong and don't know what he is talking about and i should fire him? can u give me a link to show me he is wrong?

 

also can you tell me how to get an itin number for my spouse? what form do i need? links would be great. my spouse step mom is going back to china this week and if i need to give my wife any form to fill out i will get it to her setp mom.

[seafood10]

For your child, you will need an exit visa. This may be obtained at your local PSB Entry & Exit bureau - work with them as to what is required. They will generally issue a document which will allow your child to leave the country. You may wish to check with the PSB before applying for the passport, as the passport is often not needed for the exit visa.

 

what if i want the child to become us citizen? can i go to the guangzhou office and apply for the us citizenship for the child and then get a us passport for the child? how long or complicated is this?

 

the reason i want to do this is so i can gather the evidence for her interview showing that she is pregnant and had a baby with me before the interview and thus increasing her chance of getting a spousal visa for the usa.

[dnoblett]

For your child, you will need an exit visa. This may be obtained at your local PSB Entry & Exit bureau - work with them as to what is required. They will generally issue a document which will allow your child to leave the country. You may wish to check with the PSB before applying for the passport, as the passport is often not needed for the exit visa.

 

what if i want the child to become us citizen? can i go to the guangzhou office and apply for the us citizenship for the child and then get a us passport for the child? how long or complicated is this?

 

the reason i want to do this is so i can gather the evidence for her interview showing that she is pregnant and had a baby with me before the interview and thus increasing her chance of getting a spousal visa for the usa.

Yes a child in common is a trump card, the certanty of a visa is very high.

 

Procedure to register birth abroad is here: http://guangzhou.usembassy-china.org.cn/service/registration-of-new-born-baby-in-china.html

 

Also when leaving China, and exit visa from China will need to be acquired for child at the local PSB office.

[tsap seui]

 

Randy W,

 

thx for your quick reply. how sure are you that i can claim my spouse as dependent while my tax accountant was pretty damn sure i can't claim her? did u file income tax last year with your foreign spouse and claim her as dependent? so what you are telling me is my tax accountant is wrong and don't know what he is talking about and i should fire him? can u give me a link to show me he is wrong?

 

also can you tell me how to get an itin number for my spouse? what form do i need? links would be great. my spouse step mom is going back to china this week and if i need to give my wife any form to fill out i will get it to her setp mom.

 

 

I am VERY DAMN SURE your tax accountant is DEAD DAMN WRONG about your spouse. My wife lived in China and I filed Married and Jointly for tax years 2009 and 2010 using the ITIN number I got for her by sending in form W-7.

 

So have many others on Candle who had similar situations. No, I didn't major in accounting....didn't even go to college for that matter.....didn't need to.

 

Your accountant needs to read the tax code for this specific situation. His off the wall speculation and conjecture is as bad as some lame visa officer in Guangzhou.

 

Fire the guy if you want too. Who knows, maybe he's a genius other than this glitch.

 

As far as a link about ITIN, W-7, and the tax code about your wife in China and your filing married with her for tax year 2011. Sorry buddy, I'll admit it to you and th rest of the world....I AM TOO COTTON PICKIN' SORRY ASSED LAZY to look it up for ya. I googled it and looked it up for myself, studied the code, and made damn sure my financials for the interview had her name showing loud and clear on my tax returns and transcripts with my I-864 package.

 

Good luck.

 

tsap seui

[Randy W]

-- quote name='Randy W'

For your child, you will need an exit visa. This may be obtained at your local PSB Entry & Exit bureau - work with them as to what is required. They will generally issue a document which will allow your child to leave the country. You may wish to check with the PSB before applying for the passport, as the passport is often not needed for the exit visa.

-- end quote

 

what if i want the child to become us citizen? can i go to the guangzhou office and apply for the us citizenship for the child and then get a us passport for the child? how long or complicated is this?

 

the reason i want to do this is so i can gather the evidence for her interview showing that she is pregnant and had a baby with me before the interview and thus increasing her chance of getting a spousal visa for the usa.

 

The child of a US citizen IS a US citizen - you simply apply for a US passport. The passport will be needed to enter the US. You need the notarial copy of the birth certificate

 

Note - the "Chinese passport" referred to here is usually simply the exit document itself - you need to work with the PSB on this. The documents issued at the PSB WILL be recognized by the Immigrations officials.

 

Documenting a Child Born Abroad Who Acquires U.S. Citizenship at Birth - http://guangzhou.usembassy-china.org.cn/ne...gistration.html (GUZ)

Your child, as the child of an American citizen, is entitled to citizenship and an American passport. He/she may need an (Chinese) exit visa in order to leave China.

-- quote Please note, as soon as a U.S. passport is issued, the baby's parents must apply for a Chinese visa to ensure that they don't have problems leaving the country. However, if one parent of the child is a Chinese citizen and the child was born in China, the Chinese government may consider the child a Chinese citizen. In that case, the child will have to obtain a Chinese passport before leaving the country. The child will still be a U.S. citizen and should always use his/her U.S. passport for international travel after departing China. Please contact the exit and entry administration office of the local Public Security Bureau for more information.

-- end quote

 

The Dept. of State has this to say about that:

-- quote China considers a child born within its borders to hold Chinese citizenship if one parent is a Chinese national, even if the child applies for and receives a U.S. passport while in China. In these cases, when parents want to travel overseas with their child, they should contact their local Public Security Bureau for information on obtaining a travel document (lu xing zheng). -- end quote

http://travel.state.gov/travel/cis_pa_tw/cis/cis_1089.html

[Randy W]

--- quote name='seafood10' timestamp='1326755115' post='583561']

hi all,

 

first i would like to say this is a great forum which provide help for getting love ones oversea to come to usa. a little bit about myself, i got married in china nov. 2011. i've started the process of getting a spousal visa with the i-130 form in dec. 2011. also she is pregnant and is expecting our child in aug. of this year 2012. i will go back to china after the child is borned and go the the us embassy in guangzhou to make sure the child is a us citizen.

 

now i browse thru the forum read some ppl are putting their spousal in their 1040 tax form and some don't. i went to my cpa this weekend and ask him if i can put my spouse in my 1040 form and he said, yes i can but i can't claim her or she is non-exempt which mean my tax refund won't be affected either way. in other word, i won't be getting a big tax refund or small tax refund if i put her in my tax form or not. is that true? can someone who file their 1040 last year verify this?

 

questions:

 

1. now that she is pregnant with our child, do you think this will greatly improve her chance of coming to the usa now? meaning 100%? of course, i will still gather other evidences, phone logs, photos of our trip and with her family, money send to her to support her now since she is pregnant and no longer working, email, etc.

 

2. can someone let me know what i need to do once the child is borned? do i just get the birth certificate and walk into the us embassy in guangzhou to claim the child is mine and thus the child become a us citizen and then get a us passport? is it that simple?

 

3. can someone verify and let me know for sure if i put her in my 1040, that it won't my refund either way? is that true? or should i fire my cpa/accountant? i'm thinking of not putting her name since it is too much of a hassle by gettting a w7 form and having my wife going to guangzhou to get a stamp and have her sending it back to me if i'm not getting a big refund if i can't claim her as dependent. i know most ppl still say just do it anyway just to prove she is your wife when she go for the interview in guangzhou us embassy. but like i said, she is already pregnant with our child. if that is not enought evidence i don't know what is. but if someone here who fill out their tax form and put their spouse as a dependent and got a big refund, please let me know for sure. then i will definately will put her in then. please provide evident like a link from the irs saying i can claim my foreign spouse and thus i will be getting a big refund.

 

thx in advance.

---/quote

 

 

A spouse is a spouse for income tax purposes - no distinction is made between a foreign spouse and an American spouse. Check the 1040 instructions, or the 1040 form itself. It asks for your spouse's name and SS or ITIN number.

 

In order to file married filing jointly, you will need an ITIN for your spouse, which you apparently already know about. The W7 is filed with your income tax return, which is mailed to the Austin address specified on that form's instructions. The ITIN functions the same as a Social Security number for income tax purposes. Thus, you are entitled to all exemptions and deductions that EVERY income tax filer is entitled to.

 

Simply check the tax tables to see the difference between filing single and filing married filing jointly. Don't forget the additional exemption and deduction that you are entitled to, as long as you were married on Dec. 31 of last year

 

Documents acceptable for identification include the passport, or two of the other documents listed at http://www.irs.gov/individuals/article/0,,id=96287,00.html (e.g., National ID, driver's license, birth certificate). Note that these must be the original documents, or notarized copies. Since China is not a party to the Hague Convention, a copy of the document must be notarized either at a Consulate, or here in the US. Originals may be mailed in (they will be returned, although this is not recommended), or may be taken to an IRS office.

 

Apply using Form W-7, Application for IRS IndividualTaxpayer Identification Number, which must be attached to an income tax return and mailed to the ITIN Operation Service Center in Austin, TX. Use this address for both the W-7 and the return instead of the one listed in the instruction book.

 

For your first year filing jointly, you will want to get a copy of Publication 519, U.S. Tax Guide for Aliens

 

Randy W,

 

thx for your quick reply. how sure are you that i can claim my spouse as dependent while my tax accountant was pretty damn sure i can't claim her? did u file income tax last year with your foreign spouse and claim her as dependent? so what you are telling me is my tax accountant is wrong and don't know what he is talking about and i should fire him? can u give me a link to show me he is wrong?

 

also can you tell me how to get an itin number for my spouse? what form do i need? links would be great. my spouse step mom is going back to china this week and if i need to give my wife any form to fill out i will get it to her setp mom.

 

 

I have done that every year since we got married. Again - a spouse is a spouse, whether foreign or American.

 

You may CHOOSE to follow your CPA's advice - in which case, you'll be paying more tax than you need to. If you want to research the matter yourself, read the 1090 instructions and the Publication 519. Or ask your CPA for links.

 

Read Publication 519 if you want, but it's a lot to wade through. The Form 1040 instructions will more than likely suffice for your situation.

[seafood10]

the reason i can't claim her but i can still file jointly according to my accountant is because she is oversea and not here. the first word out of his mouth was this when i told him i got married in china and my wife is in china and i want to file a married joint tax return. btw he is a chinese accountant and he said he did similar tax to other couple in this situation. someone my gut feeling me is telling me he is either too lazy or arrogant and don't want the hassle of finding out. can you provide me with a link either from irs or somewhere so i can throw it back at his face when i see him again? thx in advance.

[Randy W]

the reason i can't claim her but i can still file jointly according to my accountant is because she is oversea and not here. the first word out of his mouth was this when i told him i got married in china and my wife is in china and i want to file a married joint tax return. btw he is a chinese accountant and he said he did similar tax to other couple in this situation. someone my gut feeling me is telling me he is either too lazy or arrogant and don't want the hassle of finding out. can you provide me with a link either from irs or somewhere so i can throw it back at his face when i see him again? thx in advance.

 

 

This guy is not worth your time (or ours) and not worth your money.

 

Were you married as of Dec 31st or not? Pure and simple. Answer the question.

 

Yes you can donate your money to both him and the IRS if you choose.

[seafood10]

the reason i can't claim her but i can still file jointly according to my accountant is because she is oversea and not here. the first word out of his mouth was this when i told him i got married in china and my wife is in china and i want to file a married joint tax return. btw he is a chinese accountant and he said he did similar tax to other couple in this situation. someone my gut feeling me is telling me he is either too lazy or arrogant and don't want the hassle of finding out. can you provide me with a link either from irs or somewhere so i can throw it back at his face when i see him again? thx in advance.

 

 

This guy is not worth your time (or ours) and not worth your money.

 

Were you married as of Dec 31st or not? Pure and simple. Answer the question.

 

Yes you can donate your money to both him and the IRS if you choose.

 

yes i was married in nov. 22 2011. the w7 form, can i fill out that form for my spouse or does my spouse need to fill out that form and then give it to me so i can attached it to my 1040? her step mom is going to visit her next week. so i can give that form to her and then when she come back in march i can use that form to complete my tax? correct? does my wife need to bring the w7 form to the us embassy in guangzhou to obtain an itin number?

Edited January 17, 2012 by seafood10 (see edit history)

[seafood10]

looking at the top of the w7 form and it said the following: "getting an ITIN does not change your immigration status or your right to work in the united states and does not make you eligible for the earned income credit." noticed where it said earned income credit. so my accountant is right?

[Beachey]

Your accountant is wrong as others have said. You will need to file married. Where it can be complicated is if the non-USC spouse makes a significant amount of money and you might want to file married filing separately. No matter what you still need to file married as you were not single as of Dec. 31, 2011. I think you need a new accountant.

 

All the comment there means is your wife is not eligible for the Earned Income Tax Credit which is a Federal Credit for people with low incomes (i.e. approaching the poverty level).

 

Congratulations on the expected baby! To be clear, you will want to file a Consular Record of Birth Abroad at the nearest consulate in China. This will serve as your child's US Birth Certificate and get a passport for your Child. Randy is also right about the exit visa as your child is also a Chinese citizen. Your wife should look into ensuring you maintain the child's Chinese citizenship as well. While a pregnancy/child generally helps a lot, I would develop as much other evidence as you can. Keep in mind that occasionally, the consulate may go so far as require a DNA test to prove your fatherhood. This is especially true if the amount of time you and you were wife were physically together around the time of conception is limited.

[Randy W]

looking at the top of the w7 form and it said the following: "getting an ITIN does not change your immigration status or your right to work in the united states and does not make you eligible for the earned income credit." noticed where it said earned income credit. so my accountant is right?

 

READ the 1040 instructions. There is a section that will TELL you about the Earned Income Credit - YOU are responsible for your own income tax return. You need to learn this stuff NOW!

 

WE CANNOT DO IT FOR YOU!