Tax issue-someone please help

A

amit12

New Member
Hi All

I have a question regarding my filing status for taxes since
it could have an implication on my green card application.

1) I got married in 2008 (marriage registered in India)
2) I was married on the last day of the year Dec 31, 2008
3) My spouse never came to the US
4) We will be filing for separation/divorce in 2009
5) My spouse does not have a US SSN or ITIN
6) My spouse does plan to enter US in 2009 (we will be legally
separated by that time)

What should be my filing status for the tax year 2008

1) Single
2) Married filing separately
3) Married filing jointly


I am assuming 'single' since if I exercise 'married filing separately' of married filing jointly' it asks me for the spounse SSN or ITIN which I do not have.

If I use 'single' would that not be lying because I am married.

Please help.

-Thanks,
 
You file as Single.
I was married before I came to U.S.A on May 2002.
When I filed my taxes for Year 2002 I filed as married. But after one month I got a letter from IRS informing that I have to file as Married only when my wife in U.S.A and I re-filed my 2002 taxes as Single. So you have to file the taxes as Single.
 
Hi Srinivas,

Thanks for the response, what a relief. appreciate it.

I just have one question why did the IRS not
ask you to file as 'married filing separate' instead of 'single' ?

Please share your thoughts.
-Amit
 
In order to file as 'married filing separate' instead of 'single' my wife should have ITIN number. In order to get the ITIN number we have to send copies of her I-94.
 
Hi Srinivas,

Based on you explanation, I think I have to go with 'single' status.

I just called the IRS and explained them the situation, the guy
asked me to file as 'married filing separately' and put 'non-resident'
in the place of ITIN. Do you think this makes sense, will the IRS
not reject my return if I do not have the ITIN ?

Please let me know what you think.

-Thanks,
Amit
 
You must log in or register to reply here.
Top