What status to file as on Taxes

[mshtika]

What is the name of your state (only U.S. law)? Indiana

Hello, I recently married in the summer of 2015 to someone who lives overseas. We have applied for a visa with the I-130 application. The application has been approved by the USCIS and already has been sent to the NVC. We have already picked an agent and are on the next step, which is paying the fees. My question is, what do I file my status as on my Tax return for 2015? I went to the IRS office in my city and asked them the same question; they were pretty much clueless as to what to do, and didn't even seem to understand the laws as to what qualifies as married. The suggestions they gave me was I could file as either married filing separately or jointly, but for either status I would have to get my spouse an I-10 number to put on the tax form, which would be difficult and a lengthy process.

If I file single, will that later cause us problems, or cause the NVC to question the marriage?

 

[LdiJ]

What is the name of your state (only U.S. law)? Indiana

Hello, I recently married in the summer of 2015 to someone who lives overseas. We have applied for a visa with the I-130 application. The application has been approved by the USCIS and already has been sent to the NVC. We have already picked an agent and are on the next step, which is paying the fees. My question is, what do I file my status as on my Tax return for 2015? I went to the IRS office in my city and asked them the same question; they were pretty much clueless as to what to do, and didn't even seem to understand the laws as to what qualifies as married. The suggestions they gave me was I could file as either married filing separately or jointly, but for either status I would have to get my spouse an I-10 number to put on the tax form, which would be difficult and a lengthy process.

If I file single, will that later cause us problems, or cause the NVC to question the marriage?

Yes, filing single will be a problem.

Filing as single is not appropriate because you are not single. The IRS's suggestion as to filing married filing separately or married filing jointly, getting an ITIN (not I-10) number for your spouse is an appropriate way to file. There are however other options, but you would need a tax professional experienced in either dealing with foreign spouses or willing to do the research.

In any case, you are not going to be filing electronically this year...at least if you hope to file by April 18th (extended this year). Any option open to you is going to require a paper return. If there is a chance that your spouse will be given a visa and a green card and social security number before October 15th, you could file for an extension and file your taxes late, but if its likely that you will owe tax, then you would need to pay in what you estimate you might owe before April 18th, as an extension is only an extension to file, not an extension to pay.

Seriously, see a tax professional this year...but make sure its someone experienced in foreign spouse issues or willing to do the research. Ask lots of questions in advance before you choose someone.

 

[mshtika]

Thanks

Thank you so much for your response! I'm meeting with the person who regularly does my taxes this week and will certainly ask a bunch of questions. Thanks again :

 

[Zigner]

I went to the IRS office in my city and asked them the same question; they were pretty much clueless as to what to do, and didn't even seem to understand the laws as to what qualifies as married. The suggestions they gave me was I could file as either married filing separately or jointly, but for either status I would have to get my spouse an I-10 number to put on the tax form, which would be difficult and a lengthy process.

What do you mean by this? They gave you accurate information based on the fact that you are married.

 

[mshtika]

What do you mean by this? They gave you accurate information based on the fact that you are married.

They gave me information as to what they "think" I should do, but were honestly at a loss as to what to do and were just explaining the options I had.I was told I can do married filling jointly and separately if I get my spouse an Itin number, but I would need my spouse's passport, country-of-birth issued ID, and a birth certificate. Using my spouse's passport would be difficult since he is overseas and would need it for later when the visa eventually is issued. They also said if I file married filing separately, I can leave the Itin number/SSN for my spouse blank and attach a letter that explains my situation and why i haven't supplied a number. I was never given a solid answer as what to file as.

 

[Zigner]

They gave me information as to what they "think" I should do, but were honestly at a loss as to what to do and were just explaining the options I had.I was told I can do married filling jointly and separately if I get my spouse an Itin number, but I would need my spouse's passport, country-of-birth issued ID, and a birth certificate. Using my spouse's passport would be difficult since he is overseas and would need it for later when the visa eventually is issued. They also said if I file married filing separately, I can leave the Itin number/SSN for my spouse blank and attach a letter that explains my situation and why i haven't supplied a number. I was never given a solid answer as what to file as.

Yes, you were. You were told that you could file as Married, Filing Joint, or Married, Filing Separately.

 

[LdiJ]

They gave me information as to what they "think" I should do, but were honestly at a loss as to what to do and were just explaining the options I had.I was told I can do married filling jointly and separately if I get my spouse an Itin number, but I would need my spouse's passport, country-of-birth issued ID, and a birth certificate. Using my spouse's passport would be difficult since he is overseas and would need it for later when the visa eventually is issued. They also said if I file married filing separately, I can leave the Itin number/SSN for my spouse blank and attach a letter that explains my situation and why i haven't supplied a number. I was never given a solid answer as what to file as.

As Zig said, they gave you options and none of those options were incorrect.