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subieq
Feb 16, 2011, 04:24 PM
"I am a US citizen who married a Malawian in 2009 in Malawi, returned to the US without him and have applied for his Visa for permenant residency--as of the end of 2009, the visa was still in processing. How do I file for taxes? I've spent hours on the phone with the IRS and they keep giving me different answers and a lot of mumbo-jumbo. He will be coming to live in the US this year so he will eventually have a SS number. How do I address the spouse's SS number issue on my 2010 taxes?"

AtlantaTaxExpert
Mar 9, 2011, 11:10 AM
Regardless of WHERE your spouse is located, you can file jointly with him and he will sign a statement that he CHOOSES to be treated as a resident alien for all of 2010.

You will need to submit Form W-7 with the tax return to get him an Individual Tax Identification Number (ITIN). He will have to sign both the Form w-7 and the tax return, so mailing time may be somewhat lengthy.

However, this process, though time-consuming, IS doable; I do it every year. It IS what I do!

If you need professional help filing your return, email me at [email protected].