Tax status for newly married but wife in India

A

AnotherGuy

New Member
Hey I got married last month. But my wife is in India. I am waiting for her to complete her studies before she comes here. When I file my tax for this year can I file as married? If I can, what is the procedure for that. Somebody help me.

Thank you

AnotherGuy
 
IRS rule is

You can include somebody only if that person is here in US. The IRS form will say "married filing jointly", which means she should be here , get at least a ITIN only then she can be included in anybody's IRS return...
 
Yes you must.

My friend who had the same issue had contacted a CPA and the answer was:
'You must file as "Married Filing Jointly" otherwise you will be making a false statement on your tax-return.'
 
You may not be able to claim your wife as your dependent for tax purposes if she is outside the USA. Also you would not be able to get an ITIN for any person who is outside the country. You can call up IRS and talk to any "International Tax Expert" who can clarify. It is better to depend upon them than to somebody in this forum.
 
raj574 : Can you ask your CPA friend " Is married filing separately (another valid IRS category) a lie"??

Debasis is right , we should confine our discussion here to immigration. Another guy please post this question in other /general questions forum ...
 
Ho To Do It.

1. Get ITIN for her. For this you will have to fill the form W-7.

http://www.irs.gov/pub/irs-pdf/fw7.pdf

(Note: If you call them, IRS will not speak to you about the status of application but will insist on talking to your wife only).

2. Once you get ITIN, you can file taxes as Married.

3. If one is close to 4/15 deadline, them file for "Extension" to buy time (when you wait for ITIN).

Jaxen: Yes you are right one can always file as "Married Filing Seperately", but ITIN is still required. Thanks.
 
Here is the link to obtain an ITIN and suitable reading from the IRS website.
http://www.irs.gov/individuals/display/0,,i1=1&genericId=13288,00.html

The suggestion to obtain an ITIN for a spouse who is not in USA right now seems to be a fraud and further suggestions to not to talk to IRS to hide that would unnecessarily lead to some other crimes too. You cannot obtain an ITIN for any dependent who is not in USA. She has to apply for her ITIN only after she comes in USA. Read the paragraph concerning that. Also she has to sign the W-7? So Raj you would suggest this chap to forge that signature too? Jaxen is right that he can file as Married filing separately in this case; anyhow that wouldn't change the payable taxes since he wouldn;t be able to claim her as dependent; which is not what he is looking for. Hence the requirement of such duplicity.
 
Debasis,

Let me get an extract from the site that you gave:

"How do I know if I need an ITIN?
If you must file a U.S. tax return or you are listed on a tax return as a spouse or a dependent and you do not have, and cannot obtain, a valid SSN you must apply for an ITIN. "

1. So ITIN can be requested for any one meeting the above criteria.

2. As far as getting someone's signature - well I believe that it is possible to get a signed form from India - postal service does exist. (if one applies brain, it is possible to think beyond forgery ... no offence intended).

3. Please excuse my ignorance, but isn't even if one wants to file as married filing seperately, ITIN/SSN required?

If you want to learn further ... plz do talk to a CPA or call IRS. What I am advising is what others have successfully and legitimately (per IRS) done.
 
cool down

AnotherGuy: This is a h1 forum. Go to other topic to discuss this issue next time. I have given an extract from the IRS website about a similar case. My observations are accurate though.

Raj574 : U are right. CPAs are qualified to answer this question. Neither you or me. However not doing a "filing jointly" is not a "false" statement like you claim.
Know that post 9/11 all ITIN enquiries have resulted in IRS coming back and asking for proof of immigration status.
The following is an excerpt from IRS web site
http://www.irs.gov/individuals/overseas/display/0,,i1=1&i2=10&genericId=12236,00.html

Look for Exemptions and Dependency Allowances

Let us bring this topic to an end and help others to concentrate on their h1 problems.
 
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