Advice from married Americans please.

[RESQU]

First, this is the boreing subject of income taxes!  Second, I know that it is a un-romantic subject!

OK, I am not engaged yet and will not be until sometime next year assuming things continue to progress well.  My question is regarding the filing of taxes when you are married.  I know there are many issues with the residency of your new bride regarding this.  Assuming the possibility of having the choice to be married in the US before or after the start of a new year, has anyone researched if it is more advantagous to choose one over the other?  Also, there will be no children to consider for deductions.

I would not change the date of her arrival into the US, but I happened to think what if the 90  days of the K-1 crossed into the next year?  It might have tax issues when the first return is filed.  What do you guys think?

[jb]

You can claim a wife as a deduction only from the year in which you were married.  You may run amok with filing years, if perhaps,,, say you married in December, and she still has not received a SSN by April 15th of the following year, in which case you may file for a 90 day filing extension, (I think you can get two such delays without any explanation), or you can go back later, up to three years, and file an amended return to claim the additional deduct.

[RESQU]

Thanks jb,

I read some of the IRS rules and was totally bogged down with whether she claims to be a resident or not.  So did you just file jointly and her with $0 income?

[jb]

Yes, I did file a joint return for that year we were married, although my wife arrived in June and was employed within a few weeks as an Adjunct Math Professor for the fall semester at a local college, so she had income to show during the filing year she got here.

It was not terribly complicated.  The principal issue you have to worry about is getting her the SSN ASAP.

[beattledog]

I add a question to this.  Would she still not have to sign the tax return , even if she is another country?   I have thought about this question very much.     This is the first time that I have seen this qestion asked on any board.   If you put her income as zero, could you not file an ammended return later  when she comes to this country?


Beattledog

[viking]

Beattledog

File your return electronically. I have been doing this for years. No signature required.

[catzenmouse]

We didn't have the issue of Elena's SSN but with Sergei being in USCIS Limbo Hell we did get a TIN (Taxpayer Identification Number) for him so that we can claim him as a dependent. Something else to keep in mind for when the taxman cometh.

Ken

[jb]

Beattledog

File your return electronically. I have been doing this for years. No signature required.

Viking,

I also file electronically, doesn't everyone?  But there must be an original signature on file with the IRS before you can do this.  The first time filing as a married couple, her signature must be affixed on a piece of paper and submitted to the IRS.

[CaptB]

Actually.....my wife was added to the return after marriage......before we got her SSN. The IRS told us to write her full name into the space provided your SSN on the 1040.......and write "alien spouse" (we were married in Russia) underneath......no TIN needed. If you are married.....you still have to identify her......but filing an ammended return....after she arrives......maybe the easiest. We actually found an extremely knowledge woman at H&R Block....of all places. She had almost 20 years experience with tax/immgration issues. I have been donig my own taxes for 35 years........but after seeing what she had to do.......I felt more comfortable with an "expert".

Capt B

[Turboguy]

First if your planned marriage date was around the end of the year it would be very advantageous to marry prior to the end of the year.   You would save enough to more than pay for her airfare for a visit home.

If the SSN becomes an issue you can file two extensions which would take you to Oct 15th.   That is as far as you can stretch it.   After that file as married and do what captainB suggested.

Any income she had in Russia or Ukraine or whatever would not be taxable income here.   She owes taxes on that income to the country she lived in and earned the money in not to the US.

You do need her signature.   If she will be home for a visit at that time either have her sign a blank return first or before she goes pay a visit to staples and pick up forms for a durable power of attorney.   Fill that out and have her signature notarized.   It will let you sign the tax for for her.   If all else fails, DHL the tax form to her, have her sign it and DHL it back to you.

[RESQU]

Thanks for all the imput.  I played around with a tax prep software I use and Turbo you are right, it makes a big difference in money to be married before the end of the year.

[catzenmouse]

Thanks for all the imput.  I played around with a tax prep software I use and Turbo you are right, it makes a big difference in money to be married before the end of the year.

 This past tax year I was going to use the TurboTax (one of your inventions TurboGuy?  ) and because of Sergei's status, or lack thereof, the software was not robust enough to fit him in so I took it to the accountant that I've been using for years. The difference was about $3500.00. Well worth the accountant fee.

Ken

[Vaughn]

I would not change the date of her arrival into the US, but I happened to think what if the 90  days of the K-1 crossed into the next year? 

That was us.

My wife interviewed on 10 September 2002, but didn't actually
get the K-1 visa until the day before Thanksgiving - a result
of the infamous "visa hostage" period that began mid-summer
of that year. We arrived JFK the day after - and got the I-94 stamp immediately. Still, SSA wouldn't issue her the elusive number, saying that although it appeared she was qualified, their "Save Screen" didn't reflect (then INS) authorization. That, coupled with the fact that I hadn't planned a rush-job wedding, I had to let the year-end deadline issue float away from my foremost concerns. Being that a daughter came along, it was an even larger deduction loss to us.

The principal issue you have to worry about is getting her the SSN ASAP.

The masterkey to the issue! If you marry prior to securing that SSN (as we had to) your wife will wait until GC issuance to get the number - and this fact caused a measure of strain during our first year together. Seven or eight trips to SSA armed with their own regulations and Immigration policy bore no fruit, so we waited for what most K-1s take for granted.

Off topic, but I've got to mention that Dan's Swallow's Nest photo
is the present Random Image. Yowsa! Dan, she's a cutie!!

Vaughn

[CaptB]

Vaughn,

Actually.....if you married before securing a SSN for your RW.....there are other ways to get it before a GC is issued. My wife and I were married in Russia. They will issue a SSN when if you get a work permit. If you waited 90 days.....and the work permit has not been issued.....you can apply for a temporary permit 90 days from the date of your receipt of the original work permit application. My wife applied on line and went to Detroit and received her temporary card......in less than a weeks time. With card in hand we went to the local SS office......and had her number in about 5 days.
Thankfully......my wife received her permanent (10 year) GC a year ago.......so no more immigration issues.............until citizenship


Capt B

[Vaughn]

.....if you married before securing a SSN for your RW.....there are other ways to get it before a GC is issued.

   Thanks Cap'n but it's all water under the bridge now. Yeah, we
tried the EAD route, too - nothing seemed to work. With a full-time
salaried job, three teenage daughters, rides to/from ESL classes
and stores for Elvira (not to mention arranging our own wedding)
I was a pretty busy boy at the time. Everything fell into place eventually.

   But your suggestions aren't in vain - hopefully at least
one new couple, lurking or not, will benefit from that advice. For us, anyway, it was plain bad luck to have hit USA soil just a month before Christmas.

  RESQU - if I might take this tax discussion onto a small tangent - I'd like to ask the community here: what about writing off wife-hunting expenses? Come on now, I'd find it amazing if nobody's
been "interviewing" over there - then writing off the trip as a job hunt?

[jb]

If you waited 90 days.....and the work permit has not been issued.....you can apply for a temporary permit 90 days from the date of your receipt of the original work permit application.

Unfortunately, this is no longer the case.  According to a recent Newsletter from the USCIS there will be no more temps issure by local offices.  They claim they are so on top of the problem now that there should be no need for temp EADs.  I'm glad we are past that part of the ordeal now.

[CaptB]

So many changes in immigration......its hard to keep-up. I guess I'll retire from giving advice on the subject..........unless I open one of those "marriage agencies".......that jb so dislikes. 

Capt B