To whom it may concern:

I used TurboTax to assist me in filing my return through mail.

I am a legal resident alien since 2009. My husband is currently in the Philippines, waiting for the priority date of visa issuance to become current. He has never been to the US. I was married December of 2010, but I filed as married filing separately for tax year 2010. We are married but living apart for now. I went to school October 2011. I needed to file as married filing jointly in order for me to claim my college tuition fees as deduction. Picture shown below:

https://fbcdn-sphotos-a.akamaihd.net/hphotos-ak-ash4/p480x480/409503_2974138786238_1044866391_3042300_1162833264 _n.jpg

I also placed, NRA for Non-Resident Alien for my husband since he does not have a SSN or an ITIN. Same thing I did for last year's tax documents.

Am I doing this right or should I get the ITIN this time around because I am married filing jointly? Please advice :(
For any other concerns, you may contact me directly via email [email protected].



Regards,

Danica

Yes, you can file joint return as residents. Do your tax return and attach W-7 (ITIN application) with the return and mail it. Do not mail W-7 separately.

Thanks so much! I will be filling out the W7 form tonight and sending it tomorrow.

But wait...

Does that mean that my "tax papers from turbotax saying I will receive this much" will be changed too? Because its going to take my husband's income too? :(

Should I send in the papers as it is from turbotax WITH the W7 then make changes later on depending on their response?

Do not mail W-7 separately. Attach with your tax return and mail it. On the joint return both of you must show worldwide income for the year. For any taxes paid in foreign country, claim foreign income exclusion Form 2555 and/or foreign tax credit 1116. Your U.S. Tax Return: U.S. Citizen or Resident with Foreign Income (http://taxipay.blogspot.com/2008/03/us-citizen-or-resident-with-foreign.html)

Is it okay to send an actual passport to the tax preparer? This was what I got for a reply.

The apostille must be issued by the Philippine government.

However, if you send the passport itself, I will return it immediately after I make a photocopy for my files. No notarization or apostille is required if I get the original passport.