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US tax question

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JanWillem
  1/1/2021 10:33 EST

Would someone be able to help me?
My wife in the Philippines can not come here to America because of children issues. The embassy denied my one inch thick folder of pertinent information!
The issue is attempting to get her on my tax forms as my wife. She cannot get a ssn (I think)!
Any info would be helpful.
Thanks

lancelotlinc
  1/1/2021 11:03 EST

Your question does not provide enough information about your attempt to have your wife join yu in US. Did you get married in the Philippines? Do you have a certificate of marriage, called a marriage contract? Did you file a petition in the US and pay the $900 and provide the supporting information in US? Your wife cannot get a visa to come to US any other way. Once she arrives in US, she can get a SSN but not before.

If your spouse is a nonresident alien and you file a joint or separate return, your spouse must have either a Social Security Number (SSN) or an Individual Taxpayer Identification Number (ITIN). To get an SSN for your spouse, apply at a social security office or U.S. consulate. You must complete Form SS-5. You must also provide original or certified copies of documents to verify your spouse's age, identity, and citizenship. If your spouse is not eligible to get an SSN, she can file Form W-7 with the IRS to apply for an ITIN. Refer to Taxpayer Identification Numbers (TIN) for more information on the IRS website.

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TonyPhil
  1/15/2021 19:08 EST

I filed jointly with my wife as a non-resident alien, no SSN or ITIN required, The IRS processed it and I received my refund. I plan on doing that again this year.

Good luck...

TonyPhil
  1/15/2021 19:15 EST

One thing to add. To file with your spouse as a non resident alien without SSN or ITIN your spouse will need to sign the forms in person, not electronically. I brought the forms with me to the Philippines and mailed them back to the US.

TonyPhil
  1/15/2021 19:15 EST

One thing to add. To file with your spouse as a non resident alien without SSN or ITIN your spouse will need to sign the forms in person, not electronically. I brought the forms with me to the Philippines and mailed them back to the US.

TonyPhil
  1/15/2021 19:15 EST

One thing to add. To file with your spouse as a non resident alien without SSN or ITIN your spouse will need to sign the forms in person, not electronically. I brought the forms with me to the Philippines and mailed them back to the US.

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Asawa
  1/25/2021 12:35 EST

TonyPHil said, "She'll need to sign them personally".

If true, I had a whole chain of thoughts that followed. Consider these possiblities:

If you must sign personally, you probably can't eFile.

If you can't Efile, you must file paper copies.

The IRS is only now starting to open trailers and warehouses of bagged paper returns from 2019. They didn't let people back into their processing cetners to look at them, and they can't release the paper copies to people working from home.

There is about a 11 month backlog of unopened and unprocessed paper returns from last year.

Thus, the IRS is encouraging EVERYONE to efile.

There is no eFile version of at least 40 IRS Forms (so many people with complex tax situations can not eFile).

The IRS has already delayed 2020 filing to mid-feburary for more time to catch up on the paper backlog.

Thus.... If you attempt to claim your wife and you are due a refund on a return you mail in, you may not see it until mid 2021.

Consider calculating your return both ways -- Maried filing Jointly and Married - Filing Seperately (if that lets you eFile and get a return that you need sooner).

I assume your reason for claiming her is to get the standard married deduction and a bigger return.

If the delay is too much, I would be interested to know if the US has an obligation that you report a foreign spouse who does not live in the US, didn't earn money in the US, and has no taxable income from the US.

It's your call. I'm just trying to follow through a lot of "what if".

Consider letting the desired outcome drive your approach. (IE: A big delayed refund later vs Smaller Efiled Refund now).

Good luck. This sounds like a situation for a Certified Tax Advisor or CPA.

-Asawa

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