Tax preparation question regarding my wife, who has yet to receive permanent resident

timmy_d11

Registered Users (C)
I am doing my taxes at H&R Block. I am the only one to have worked. My wife is on a visa overstay but we are working on getting her permanent residence.

I'd like to file jointly. Is that OK?

Also, they had 4 different "statuses" for spouse's filing status - the one that seemed most accurate was "nonresident alien".

Does this describe my wife?

How will filing this way affect my return? Will it cause a holdup? Does any other forms or documents need to be submitted with my tax return if we check her as a "nonresident alien"?

Thanks.
 
timmy_d11 said:
I am doing my taxes at H&R Block. I am the only one to have worked. My wife is on a visa overstay but we are working on getting her permanent residence.

I'd like to file jointly. Is that OK?

Also, they had 4 different "statuses" for spouse's filing status - the one that seemed most accurate was "nonresident alien".

Does this describe my wife?

How will filing this way affect my return? Will it cause a holdup? Does any other forms or documents need to be submitted with my tax return if we check her as a "nonresident alien"?

Thanks.


NRA is what she is if she dont have a SS# or status here in the us...If you file joint and you have kids filing this way with your wife you will lose your EIC. No additional paperwork needs to be filed if you list her as a NRA
 
poohsmum said:
NRA is what she is if she dont have a SS# or status here in the us...If you file joint and you have kids filing this way with your wife you will lose your EIC. No additional paperwork needs to be filed if you list her as a NRA

She was issued a social security number when she came here on a visa and worked for 3 months legitimately, but she overstayed - for tax and immigration purposes we have continued to use this social security number for her.

Is she STILL a nonresident alien with a social security number?
 
timmy_d11 said:
She was issued a social security number when she came here on a visa and worked for 3 months legitimately, but she overstayed - for tax and immigration purposes we have continued to use this social security number for her.

Is she STILL a nonresident alien with a social security number?


That I am not 100% sure about but I would assume since she is overstayed she is NRA..I would check with H&R block or call the IRS
 
Hello Tmm....

Has anything changed for you and wife about your case? Glad to hear from you.

You would definitely want to file wife and kids to get earned income credit. Why don't you wait a little longer to see how the case will go so you can get the full benefit of getting more taxes. Also, take the Telephone Tax Refund. Get a few bucks back :p
 
Forget about her immigration status. Unless she's an F/J/M non-immigrant, it's irrelevant. If she meets SPT (essentially, over 183 days in the US in 2006), she's a resident alien.
 
Tim... I believe Canadian is correct. Here is info from IRS website: Read specifically information that starts with ... The second test....
I will find more. :)


Topic 851 - Resident and Non–Resident Aliens

Since resident and nonresident aliens are taxed differently, it is important for you to determine your status. You are considered a nonresident alien for any period that you are neither a United States citizen nor a United States resident alien.

You are considered a resident alien if you met one of two tests for the calendar year.

The first test is the "green card test." If at any time during the calendar year you were a lawful permanent resident of the United States according to the immigration laws, and this status has not been rescinded or administratively or judicially determined to have been abandoned, you are considered to have met the green card test.

The second test is the "substantial presence test." To meet this test, you must have been physically present in the United States on at least 31 days during the current year, and 183 days during the 3 year period that includes the current year and the 2 years immediately before. To satisfy the 183 days requirement, count all of the days you were present in the current year, and one–third of the days you were present in the first year before the current year, and one–sixth of the days you were present in the second year before the current year. Do not count any day you were present in the United States as an "exempt individual" or commute from Canada or Mexico to work in the United States on more than 75% of the workdays during your working period. An exempt individual may be anyone in the following categories:

A foreign government–related individual,
A teacher or trainee with a J or Q visa who substantially complies with the requirements of the visa,
A student with an F, J, M, or Q visa who substantially complies with the requirements of the visa; or
A professional athlete temporarily present to compete in a charitable sports event.

Also, do not count any days you intended to leave, but could not leave the United States because of a medical condition that developed while you were in the United States. Even if you meet the substantial presence test, you can be treated as a nonresident alien if you are present in the United States for fewer than 183 days during the current calendar year, you maintain a tax home in a foreign country during the year, and you have a closer connection to that country than to the United States. This does not apply if you have applied for status as a lawful permanent resident of the United States, or you have an application pending for adjustment of status. Sometimes, a tax treaty between the United States and another country will provide special rules for determining residency for purposes of the treaty. An alien whose status changes during the year from resident to nonresident, or vice versa, generally has a dual status for that year, and is taxed on the income for the two periods under the provisions of the law that apply to each period. Topic 852 provides more information on the dual status tax year.

If you are a nonresident alien, you must file Form 1040NR (PDF) or Form 1040NR-EZ (PDF) if you are engaged in a trade or business in the United States, or have any other U.S. source income on which the tax was not fully paid by the amount withheld. If you had wages subject to income tax withholding, the return is due by April 15, provided you file on a calendar–year basis. If you did not have wages subject to withholding and file on a calendar–year basis, you are required to file your return by June 15. File Form 1040NR or Form 1040NR–EZ with the Internal Revenue Service Center, Philadelphia, Pennsylvania 19255–0215.

If you are a resident alien, you must follow the same tax laws as U.S. citizens. You are taxed on income from all sources, both within and outside the United States. You will file Form 1040EZ (PDF), Form 1040A (PDF), or Form 1040 (PDF) depending on your tax situation. The return is due by April 15, and should be filed with the service center for your area.

For more information refer to Publication 519, U.S. Tax Guide for Aliens. If the tax information you need relating to this topic is not addressed in Publication 519, you may call the IRS International Tax Law hotline. The number is, area code (215) 516–2000 . This is not a toll–free number.
 
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