Peggy

I have a question about filing my taxes though- I went to a consultation at a local HR Block office and was told that I should file as "married filing jointly" and use a Tax ID number for my Husband. Just wondering if anyone has done this and how it worked out. If you need more details just ask. more info: we married in October of this year. we haven't filed any of his immigration papers ( we will file by end of january with an attorney)and he is currently overstaying his visa by like 3 months. He isnt in deportation or any other complicated situation and he hasnt been working illegally.

Noorah101

> I have a question about filing my taxes though- I went to a
> consultation at a local HR Block office and was told that I should
> file as "married filing jointly" and use a Tax ID number for my
> Husband. Just wondering if anyone has done this and how it worked out.
> If you need more details just ask. more info: we married in October of
> this year. we haven't filed any of his immigration papers ( we will
> file by end of january with an attorney)and he is currently
> overstaying his visa by like 3 months. He isnt in deportation or any
> other complicated situation and he hasnt been working illegally.
> --
> "To love is not to look at one another but to look together in the
> same direction" .
>
> ---
> posted via:
> http://www.visaforyou.org/eng/

If you are married, you must file "married". Whether you file "married
joint" or "married separate" is up to you...whichever one yields you the
best tax return is the way to go.

Rene
p.s. - Just a note...H&R Block probably isn't the best place to go for
your taxes anymore, now that an alien is involved. Better to find
an independent CPR who knows more about immigration/tax matters.

Olwagner@Netcourrier.Com

If he has been in the US for more than 180 days in the given tax year,
he is a resident for tax purposes (nothing to do with immigration
status) - and can be treated the same way as a US citizen residing in
the US.

If he was in the US for less than 180 days, he is technically a
non-resident for tax purposes.
He can choose to be treated as a resident in a joint tax return (you
would have to include a letter stating that he is married to a US
citizen and you both choose to have him treated as a resident).
Or he can choose to be treated as a non-resident and file an 1040-NR
(or 1040-NR-EZ if eligible)




peggy wrote:
> I have a question about filing my taxes though- I went to a consultation at a local HR Block office and was told that I should file as "married filing jointly" and use a Tax ID number for my Husband. Just wondering if anyone has done this and how it worked out. If you need more details just ask. more info: we married in October of this year. we haven't filed any of his immigration papers ( we will file by end of january with an attorney)and he is currently overstaying his visa by like 3 months. He isnt in deportation or any other complicated situation and he hasnt been working illegally.
> --
> "To love is not to look at one another but to look together in the same direction" .
>
> ---
> posted via:
> http://www.visaforyou.org/eng/

JEff

Peggy,

Yes it can be done. I filed married-joint the year that I married my
wife, while she was still in her home country waiting for my petition
to be approved. It's not necessary that you and your husband have
begun the immigration process, by his marriage to you he can become a
US taxpayer if he wishes.

Regards, JEff

peggy wrote:
> I have a question about filing my taxes though- I went to a consultation at a local HR Block office and was told that I should file as "married filing jointly" and use a Tax ID number for my Husband. Just wondering if anyone has done this and how it worked out. If you need more details just ask. more info: we married in October of this year. we haven't filed any of his immigration papers ( we will file by end of january with an attorney)and he is currently overstaying his visa by like 3 months. He isnt in deportation or any other complicated situation and he hasnt been working illegally.
> --
> "To love is not to look at one another but to look together in the same direction" .
>
> ---
> posted via:
> http://www.visaforyou.org/eng/

Lpdiver

> I have a question about filing my taxes though- I went to a
> consultation at a local HR Block office and was told that I should
> file as "married filing jointly" and use a Tax ID number for my
> Husband. Just wondering if anyone has done this and how it worked out.
> If you need more details just ask. more info: we married in October of
> this year. we haven't filed any of his immigration papers ( we will
> file by end of january with an attorney)and he is currently
> overstaying his visa by like 3 months. He isnt in deportation or any
> other complicated situation and he hasnt been working illegally.
> --
> "To love is not to look at one another but to look together in the
> same direction" .
>
> ---
> posted via:
> http://www.visaforyou.org/eng/

I married in Colombia in July of 2003. I claimed my wife on that years
taxes and all years since. The first year I had to obtain a Tax
Identification Number and in the dollowing years used her Social
Security Number.

t

Olwagner@Netcourrier.Com

If he's been in the US for more than 180 day, you can scratch the "if
he wishes" part ; he would automatically be a US resident for tax
purposes. In that case, filing an 1040-NR may be considered fraudulent

JEff wrote:
> Peggy,
>
> Yes it can be done. I filed married-joint the year that I married my
> wife, while she was still in her home country waiting for my petition
> to be approved. It's not necessary that you and your husband have
> begun the immigration process, by his marriage to you he can become a
> US taxpayer if he wishes.
>
> Regards, JEff
>
> peggy wrote:
> > I have a question about filing my taxes though- I went to a consultation at a local HR Block office and was told that I should file as "married filing jointly" and use a Tax ID number for my Husband. Just wondering if anyone has done this and how it worked out. If you need more details just ask. more info: we married in October of this year. we haven't filed any of his immigration papers ( we will file by end of january with an attorney)and he is currently overstaying his visa by like 3 months. He isnt in deportation or any other complicated situation and he hasnt been working illegally.
> > --
> > "To love is not to look at one another but to look together in the same direction" .
> >
> > ---
> > posted via:
> > http://www.visaforyou.org/eng/

David L. Beem

"OLWagner",
> If he has been in the US for more than 180 days in the given tax
> year, he is a resident for tax purposes (nothing to do with immigration
> status) - and can be treated the same way as a US citizen residing
> in the US. If he was in the US for less than 180 days, he is technically
> a non-resident for tax purposes. He can choose to be treated as a
> resident in a joint tax return (you would have to include a letter stating
> that he is married to a US citizen and you both choose to have him
> treated as a resident). Or he can choose to be treated as a
> non-resident and file an 1040-NR (or 1040-NR-EZ if eligible)
I'm certainly no expert here, but when I recently called the IRS
Helpline (and they were very helpful, or maybe I am just used to how bad
calling USCIS can be) they told me that my wife (using an ITIN since she
doesn't have a SSAN & has not been in the U.S. since before our
relationship) & I (USC) only had to only submit a signed statement that we
wanted to file jointly & consider her as a legal resident for taxing
purposes (I think this is what you stated above too). This flew in the face
of what was on the forms (listing that we could file as married, living
separately at the very best) so I made sure I had it straight (it wasn't
April Fool's Day). Best if I just recommend everyone to call the IRS
themselves to get the information.
David

Olwagner@Netcourrier.Com

I can only agree.

The IRS website also has the info (although sometimes you may be better
off googling it rather than browsing it)


David L. Beem wrote:
> I'm certainly no expert here, but when I recently called the IRS
> Helpline (and they were very helpful, or maybe I am just used to how bad
> calling USCIS can be) they told me that my wife (using an ITIN since she
> doesn't have a SSAN & has not been in the U.S. since before our
> relationship) & I (USC) only had to only submit a signed statement that we
> wanted to file jointly & consider her as a legal resident for taxing
> purposes (I think this is what you stated above too). This flew in the face
> of what was on the forms (listing that we could file as married, living
> separately at the very best) so I made sure I had it straight (it wasn't
> April Fool's Day). Best if I just recommend everyone to call the IRS
> themselves to get the information.
> David
>

David L. Beem

"OLWagner",
> I can only agree. The IRS website also has the info (although
> sometimes you may be better off googling it rather than browsing it)
In addition to what would be an increased refund, this really works out
better because I don't have to prove that I am contributing at least 50% of
the support of my stepchildren outside the United States. My wife's income
has to be brought into the picture, but that is minor compared to mine, and
is not U.S.-based anyway. All-in-all calling the IRS Helpline was an
eye-opening experience for me, with courteous, helpful representatives even
each offering to forward me to more knowledgable personnel in other areas
until all of my questions were answered (imagine if USCIS, or DFAS, the
Defense Finance Accounting Service that handles military pay issues, could
be like that!).
David

Rete

> I have a question about filing my taxes though- I went to a
> consultation at a local HR Block office and was told that I should
> file as "married filing jointly" and use a Tax ID number for my
> Husband. Just wondering if anyone has done this and how it worked out.
> If you need more details just ask. more info: we married in October of
> this year. we haven't filed any of his immigration papers ( we will
> file by end of january with an attorney)and he is currently
> overstaying his visa by like 3 months. He isnt in deportation or any
> other complicated situation and he hasnt been working illegally.
> --
> "To love is not to look at one another but to look together in the
> same direction" .
>
> ---
> posted via:
> http://www.visaforyou.org/eng/

The preferred method and quite legal. You have to apply to the IRS for
his ID#. Check out their site for the paperwork.

Although he is not a LPR Legal Permanent Resident, he can ask to be
considered on if necessary and the joint filing will decrease your tax
liability as he would appear he is not working and therefore has no US
income to declare. Remember, however, he has to declare is worldwide
income and hopefully he is from a tax treaty with the US country and can
put it on and write it off because he paid taxes on it in that country.