Ask Experts Questions for FREE Help !
Ask
    Yasha's Avatar
    Yasha Posts: 3, Reputation: 1
    New Member
    		  
    #1

    Feb 24, 2007, 06:35 PM
    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:
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Feb 25, 2007, 12:49 AM
    Yasin:

    What form did you file? What is your visa status? When did you arrive in the U.S.
    Yasha's Avatar
    Yasha Posts: 3, Reputation: 1
    New Member
    		  
    #3

    Feb 25, 2007, 10:51 AM
    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.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #4

    Feb 26, 2007, 10:51 AM
    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.
    Yasha's Avatar
    Yasha Posts: 3, Reputation: 1
    New Member
    		  
    #5

    Feb 26, 2007, 11:02 AM
    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
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #6

    Feb 27, 2007, 11:24 AM
    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].
Not your question? Ask your question View similar questions
 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Claim married or single On 401k withdrawel? [ 3 Answers ]

I just withdrew funds from my 401k to pay off medical bills I have. If I don't pay them I am going to have to go to court(would like to avoid). My question is this... I am single now and my tax bracket is like27%... I am getting married in July.. So if I wait to pay all me taxes and penalties...

How come single men fall for emtional games from single women but not married ones? [ 75 Answers ]

Okay this was brought up in another post by Wildcat. I didn’t want to take away from the original poster but this has been on my mind all day and I just want to get some other feedback on it. The OP was a mistress and as WC points out we’ve been seeing a lot of that here lately. Here’s what WC...

Single Member LLC filed wrong form? [ 4 Answers ]

I'm helping my husband do his taxes this year. He has a new business formed as a single member LLC in 2005. His tax preparer filed form 1065 for 2005. I understand that this should be file on Schedule C. Is that correct? If they did in fact file the wrong form for 2005, what do we have to do...

What is My Filing Status? Married or Single? [ 5 Answers ]

Can somebody Advice Here's my scenario: I went to India in December 2006 and got married but my wife came to US only on January 12, 2007. What status should I file for the year 2006? Single (or) Married filing joint (even if only one had income) (or) Married filing separately (or) Head...

Single or married [ 1 Answers ]

Dear tax expert, Both my girlfriend and I get a job in US. I hold H1-B visa, and she holds J1 visa. Both of our annual income will be about $35000. How much tax should we pay if we stay single or get married. Thank you very much! Regards, Chipeng

View more questions Search