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Married but wife not living in US
- Thread starter Tintinx
- Start date
VivaLasVegas
Volunteer Moderator
Only if she worked in the USA .
If your spouse in not in US, for filing federal returns, you have the option to "choose" to file "married filing jointly" by specific clause, if you want to. You will have to look up IRS details, although.
But, ofcourse, you can also ignore that and file "married filing separately". You can decide which way you want to go depending on what saves you more taxes.
I believe for state filing, there is no such option and your spouse will to be physically present in the state for filing the taxes.
But, ofcourse, you can also ignore that and file "married filing separately". You can decide which way you want to go depending on what saves you more taxes.
I believe for state filing, there is no such option and your spouse will to be physically present in the state for filing the taxes.
R
RahulMehta
Guest
Originally posted by Octa Viva
If your spouse in not in US, for filing federal returns, you have the option to "choose" to file "married filing jointly" by specific clause, if you want to. You will have to look up IRS details, although.
But, ofcourse, you can also ignore that and file "married filing separately". You can decide which way you want to go depending on what saves you more taxes.
I believe for state filing, there is no such option and your spouse will to be physically present in the state for filing the taxes.
Can not use MFJ/MFS with tax filing if spouse is not here in US with valid status.
Tax filing requires the TaxPayer, the spouse and all dependents to have either a SSN or TIN. And both require a valid status in USA. If wife has not joined the taxpayer, she is not in valid status.
This is the reason we can't claim our parents as dependents. Though don't we all wished we could?
On H4, you can't get SSN so you ask IRS for TIN.
Thx Rahul for our answer,
I have been getting mixed answers for my question, H&R block suggested that I should do married jointly filing. Even after preliminary checking with IRS, the officer suggested i need to do a joint filing but he is not sure enough! I am still waiting for a final answer from tier 2!!
Regards
I have been getting mixed answers for my question, H&R block suggested that I should do married jointly filing. Even after preliminary checking with IRS, the officer suggested i need to do a joint filing but he is not sure enough! I am still waiting for a final answer from tier 2!!
Regards
Rahul,
No offense, but you are wrong! You can indeed claim your non-resident spouse as resident for tax purposes and file taxes jointly. Also, you have to cite the same reason for getting ITIN and you can get ITIN.
Goto Publication 519 on www.irs.gov (http://www.irs.gov/pub/irs-pdf/p519.pdf) and goto page number 10 and read the section titled "Nonresident Spouse Treated as a Resident". The section explains how to file jointly, if you "choose" to.
And let me repeat that although this option is available for filing federal taxes, this option is generally not allowed for state filing (check your specific state rules for details).
I hope this clarifies the issue.
No offense, but you are wrong! You can indeed claim your non-resident spouse as resident for tax purposes and file taxes jointly. Also, you have to cite the same reason for getting ITIN and you can get ITIN.
Goto Publication 519 on www.irs.gov (http://www.irs.gov/pub/irs-pdf/p519.pdf) and goto page number 10 and read the section titled "Nonresident Spouse Treated as a Resident". The section explains how to file jointly, if you "choose" to.
And let me repeat that although this option is available for filing federal taxes, this option is generally not allowed for state filing (check your specific state rules for details).
I hope this clarifies the issue.
IRS publication says non-resident alien. I thought non-resident alien was a status of a person in US who is not a US citizen and not a Permanent resident.Originally posted by Octa Viva
No offense, but you are wrong! You can indeed claim your non-resident spouse as resident for tax purposes and file taxes jointly. Also, you have to cite the same reason for getting ITIN and you can get ITIN.
It seems IRS does not understand the difference. The term 'non-resident alien' is misleading. Non-resident seems like someone not living in US while in fact, in immigration terms, this is a person living here but does not have the intention to become an immigrant.
Has anyone filed a form W7 for a spouse or dependent who does not have a visa and never entered the US?
Thanks
Has anyone filed a form W7 for a spouse or dependent who does not have a visa and never entered the US?
Thanks
A friend of mine argues the same. He says definition of non-resident alien is different between IRS and INS. Is this true? If so how? I appreciate if anybody can answer this. Thanks.Originally posted by Octa Viva
I have done that. Please read the non-resident definition carefully.
WheresMahGreen
Registered Users (C)
Octa Viva
I am in the same boat -- my wife is in India and I am a permanent resident. I am all set to apply for her ITIN and file my return as MTJ.
I saw your post where it says states don't usually allow this type of filing. Could you please let me know how I can get a hold of that information? While I was doing my taxes for NJ, I looked up the instructions and it said that I should file in the same category as my federal return. It also added the clause "usually" Not sure if the exception applies to this case. I'd appreciate your help.
Thanks
I am in the same boat -- my wife is in India and I am a permanent resident. I am all set to apply for her ITIN and file my return as MTJ.
I saw your post where it says states don't usually allow this type of filing. Could you please let me know how I can get a hold of that information? While I was doing my taxes for NJ, I looked up the instructions and it said that I should file in the same category as my federal return. It also added the clause "usually" Not sure if the exception applies to this case. I'd appreciate your help.
Thanks
WheresMahGreen,
I went this weekend to h&r block to do my taxes and the guy there told me that I cannot claim my wife if she was not physically present in the US and he was pretty sure about it and he recommended filing as single. (I had originally contacted h&r block and they told me that the best way is to file married filing jointly, i am also still waiting for IRS to get back to me, I guess they don't know either!)
I guess I am going to go ahead and file single. There is no harm in this as I would be paying more taxes then with the married option.
Hope this helps and please let me know what you find out.
I went this weekend to h&r block to do my taxes and the guy there told me that I cannot claim my wife if she was not physically present in the US and he was pretty sure about it and he recommended filing as single. (I had originally contacted h&r block and they told me that the best way is to file married filing jointly, i am also still waiting for IRS to get back to me, I guess they don't know either!)
I guess I am going to go ahead and file single. There is no harm in this as I would be paying more taxes then with the married option.
Hope this helps and please let me know what you find out.
WheresMahGreen
Registered Users (C)
Tintin & Octa
Thanks for your responses fellas.
As for filing singe, I am not too sure if the H/R block gave you correct advice. Remember, these guys aren't all CPA's and even if they were, there is no guarantee that they would have ever come across cases such as ours. If he says you can file single, then I am not too sure how that would not constitute a misrepresentation since you aren't actually "single"; so technically, you should file married filling separately.
As for filing MTJ, I had called IRS twice and verified. They mentioned that I have to do two things:
1. File for an ITIN application for my spouse along with my tax return
2. Enclose a letter from my wife indicating that she wishes to be treated as a resident
The whole thing about person residing here or abroad is inconsequential once you elect to be treated as resident and your worldwide income is subject to US taxes.
Imagine a scenario where, as a permanent resident or US citizen, you reside abroad. You are still required to file taxes on your worldwide income. You may claim credit for taxes paid to foreign govt but that doesnt preclude you from filing a tax return.
Thanks for your responses fellas.
As for filing singe, I am not too sure if the H/R block gave you correct advice. Remember, these guys aren't all CPA's and even if they were, there is no guarantee that they would have ever come across cases such as ours. If he says you can file single, then I am not too sure how that would not constitute a misrepresentation since you aren't actually "single"; so technically, you should file married filling separately.
As for filing MTJ, I had called IRS twice and verified. They mentioned that I have to do two things:
1. File for an ITIN application for my spouse along with my tax return
2. Enclose a letter from my wife indicating that she wishes to be treated as a resident
The whole thing about person residing here or abroad is inconsequential once you elect to be treated as resident and your worldwide income is subject to US taxes.
Imagine a scenario where, as a permanent resident or US citizen, you reside abroad. You are still required to file taxes on your worldwide income. You may claim credit for taxes paid to foreign govt but that doesnt preclude you from filing a tax return.
Sundar_vaidya
Registered Users (C)
I am reading this thread today. Whoever told you that you can't claim your wife as dependent is wrong.
Please read publication 519 and 54 carefully. If you want, you can treat your wife as resident for tax purposes. The caveat is that you have to report her income in your tax. However, if she has lived abroad for most of the time, you can file foreign income exclusion.
Based on my experience, filing jointly makes legal sense. I did the same this year. The IRS accepted the form (not that it is pertinent). Interestingly, I had to mail my form to a place in Philly as I was claiming foreign income exclusion.
If you read the publication carefully, they actually give an example where the wife is not living in the US.
Sundar
Please read publication 519 and 54 carefully. If you want, you can treat your wife as resident for tax purposes. The caveat is that you have to report her income in your tax. However, if she has lived abroad for most of the time, you can file foreign income exclusion.
Based on my experience, filing jointly makes legal sense. I did the same this year. The IRS accepted the form (not that it is pertinent). Interestingly, I had to mail my form to a place in Philly as I was claiming foreign income exclusion.
If you read the publication carefully, they actually give an example where the wife is not living in the US.
Sundar
Sundar
In my case, my wife never came to the US. In fact, she has never had a visa. Based on the tax professional (who claims to have 30 years of experience), she has to be present here to be able to claim her.
Pub 519, does not mention such a case, and when it talks about non-resident alien spouse, it says 'You can choose to be treated as a resident...' (paraphrasing).
Regards
In my case, my wife never came to the US. In fact, she has never had a visa. Based on the tax professional (who claims to have 30 years of experience), she has to be present here to be able to claim her.
Pub 519, does not mention such a case, and when it talks about non-resident alien spouse, it says 'You can choose to be treated as a resident...' (paraphrasing).
Regards
Best Advice
This is the best advice I have seen so far. Yes, what about when you file for your wife's GC application or your Ciotizenship application and enclose all three yeras tax returns and you have filed single. That is not a good scenario, is it. IRS says, you can file ITIN form along with tax return, to get an ITIN. Tell H&R Block that.
Go to www.irs.gov and type ITIN and you can print form and isntructions. You can down load instructions for people LIVING ABROAD. Please do that. You can file automatic extension form to extend till Aug 15, to take care of the information you need to get an ITIN.
This is the best advice I have seen so far. Yes, what about when you file for your wife's GC application or your Ciotizenship application and enclose all three yeras tax returns and you have filed single. That is not a good scenario, is it. IRS says, you can file ITIN form along with tax return, to get an ITIN. Tell H&R Block that.
Go to www.irs.gov and type ITIN and you can print form and isntructions. You can down load instructions for people LIVING ABROAD. Please do that. You can file automatic extension form to extend till Aug 15, to take care of the information you need to get an ITIN.
Last edited by a moderator:
Sundar_vaidya
Registered Users (C)
TintinX,
My wife has never been to the US. As a matter of fact, we have not even filed for I-130 as yet because I am waiting to become a citizen.
IRS definition and INS definitions are different. She has to write a letter saying she would like to be treated as a resident for tax purposes. Please read the publications I have told above. I read it myself and interpreted it that I can do that.
I am pretty comfortable and confident on how I saw the regulations. These cases are unique and tax professionals are not up to date with it. Look at page 5 of Pub 54.
A non resident alien need to be living in the US. Non-immigrant visa means non resident alien as they are expected to go back
Sundar
My wife has never been to the US. As a matter of fact, we have not even filed for I-130 as yet because I am waiting to become a citizen.
IRS definition and INS definitions are different. She has to write a letter saying she would like to be treated as a resident for tax purposes. Please read the publications I have told above. I read it myself and interpreted it that I can do that.
I am pretty comfortable and confident on how I saw the regulations. These cases are unique and tax professionals are not up to date with it. Look at page 5 of Pub 54.
A non resident alien need to be living in the US. Non-immigrant visa means non resident alien as they are expected to go back
Sundar
Last edited by a moderator: