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cyclist007 · Jan 27, 2012, 08:58 AM

Hi,

I came to the US currently on the F1 student visa but currently working on the F1-OPT status. In 2011 I got married and my wife is still in India - which has created a confusion regarding filing taxes. As per 1040EZ instructions (pg 6) I know I can file 'Married filing Jointly' but since my wife does not have a SSN, I will have to apply for ITIN. Applying for an ITIN seems cumbersome (due to strict and conflicting notarization requirements) and time consuming hence I want to avoid that.

I wanted to know is there any advantage in filing married filing separately or can I just continue filing as a Single (as technically I am still to even receive my marriage certificate... So I cannot prove my marriage just now).

Also if I end up filing as 'married filing separately' do I still need to get the ITIN number for my wife or submit any documentation of my marriage and get her to sign the 1040/1040EZ form or am I just required to fill her name in the form (and that's it)?

JudyKayTee · Jan 27, 2012, 09:18 AM

This person is a troll, has been reported.

ebaines · Jan 27, 2012, 10:07 AM

Originally Posted by JudyKayTee

This person is a troll, has been reported.

Are you referring to cyclist007's post? Or something else?

JudyKayTee · Jan 27, 2012, 10:12 AM

Someone else - posted her email all over the Board with info totally unrelated to question.

AtlantaTaxExpert · Jan 29, 2012, 12:05 AM

Cyclist007:

To answer your original post, you CANNOT file Form 1040/1040A/1040EZ. As a student on a F-1 visa, you are a non-resident alien and must file Form 1040NR. As an Indian student, you ARE allowed to claim your wife as a dependent, but to do so, you must submit Form W-7 WITH the return to request an ITIN for here.

You are NOT obligated to claim your wife, but you MUST file as a MARRIED non-resident alien and pay taxes under the Married Filing Separately tax tables.

You also have to file a state tax return if the state where you work has a state income tax.

If you want my professional help, double-click on my title above and then scroll down to my profile/signature, where you will find my email address.

cyclist007 · Jan 29, 2012, 02:51 AM

Thank you, yes I am aware of 1040NR. My main concern/question is while filing 'married but filing separately' do I need to get the ITIN number for my wife or submit any documentation of my marriage and also get her to sign the 1040/1040EZ form or am I just required to fill her name in the form (and that's it)?

AtlantaTaxExpert · Jan 29, 2012, 01:09 PM

Cyclist007:

You are MISSING the point.

It is ILLEGAL for you to file Form 1040, 1040A or 1040EZ. Form 1040NR or 1040NR-EZ are your only options.

On Form 1040NR, you CAN claim your wife as a dependent, but you also need to submiot Form W-7 to get her an ITIN.

Email me and I send you my phone number and we can discuss this in detail.

cyclist007 · Jan 29, 2012, 01:25 PM

AtlantaTaxExpert: I know I MUST file 1040NR, rather I have filed the same form last year also... it was just a mistake that I mentioned 1040EZ in my first question and copied it the comment/reply also (while the copying and asking my main doubt again). Thanks.

cyclist007 · Mar 30, 2012, 10:43 AM

Hey Atlanta Tax Expert,

One more quick follow up question. Does the non-resident tax filer's spouse have to be in the US at some point in 2011 or the spouse can be claimed as a dependent (to the non-resident alien) even if he/she does not have a US visa?

AtlantaTaxExpert · Mar 30, 2012, 11:47 AM

When claiming the SPOUSe as a dependent on Form 1040NR, their location is irrelevant. They can be on Mars for all the IRS cares.

A child MUST spend at least ONE day in the United States to be claimed.