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-   -   Filed Single but married (https://www.askmehelpdesk.com/showthread.php?t=66044)

  • Feb 24, 2007, 06:35 PM
    Yasha
    Filed Single but married
    Hi,


    I got married on Dec 28th 2006 in india, after coming back to US I filed my taxes as single as I didn't knew much about the filing status. I found out from friends that an amendment can be filed to change status from single married. I need help from u guys for below questions.

    1) How can I apply for a amendment and which form should I use, as I used 1040 form and got my refund back from IRS as single.

    2)Currently my wife is in india, will be with me after 2 months. How can I apply for ITIN and can I apply ITIN before she comes USA.

    3)What all documents need to be provided for ITIN? And how many days it will take to get it.

    4) what all documents should I need to provide to IRS to claim my status as married while filing amendment.

    Thanks in advance, your answers will be appreciated!!
    Yasin.:confused:
  • Feb 25, 2007, 12:49 AM
    AtlantaTaxExpert
    Yasin:

    What form did you file? What is your visa status? When did you arrive in the U.S.
  • Feb 25, 2007, 10:51 AM
    Yasha
    Hello,

    I did my filing online using form 1040. My visa status is H1B and I came to U.S in May' 2002.

    Regards,
    Yasin.
  • Feb 26, 2007, 10:51 AM
    AtlantaTaxExpert
    You can file jointly with your wife (her physical location is irrelevent). You will have to file a Form 1040X and provide a statement about your and your wife's choice to be treated as resident aliens for ALL of 2006 (see IRS Pub 519, page 8).

    You will need Form W-7 for the ITIN application, along with a notarized photocopy of her passport. You submit that with the Form 1040X.

    It will normally take 4 - 6 weeks to process and get your refund.
  • Feb 26, 2007, 11:02 AM
    Yasha
    Hi,

    Currently my wife is in india and she will be here after 2 months, Mean while can I get her passport notarized in inida and then apply for ITIN with out her being here.

    And will I have time to file 1040X?

    Thanks&regards,
    yasin
  • Feb 27, 2007, 11:24 AM
    AtlantaTaxExpert
    Yasin:

    You can file Form 1040X and submit the Form W-7 with a notarized copy of your wife's passport (only support document required). File jointly with your wife if she had NO income in India. I just did this for a client with no problems.

    If she had income in India in 2006, then you need to re-think it, because that income becomes subject to U.S. taxes if you file jointly.

    If you need my professional tax help, contact me at [email protected].

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