Tax filing status after you are married in colombia

Robert Jorge says on Dec 17, 2006, 00:39:

If you have to file a US tax return; yes, you can claim her as a dependant ... or file as married. Doesn't matter where she lives. Legally married in Colombia means legally married in the US. Check with whoever does your taxes to make sure, but I am 99% sure on this.

He who farts in church, sits in his own pew.

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jediknight says on Dec 17, 2006, 04:34:

this makes sense but i read somewhere that my wife would need to get somekind of ID number since she doesn't have a SS#,anyone been through this? i suppose also if i can't claim her this tax year i could file a 1040X once she arrives. has anyone done this?
thanks
JK

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Atrevido (☼Travelguide writer) says on Dec 17, 2006, 07:42:

jediknight says on Dec 17, 2006, 09:11:

atreviido, i should have been clearer. we married in colombia but i'm in the process of getting her visa, so she won't be here until next year.
JK

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Gator says on Dec 17, 2006, 09:19:

Basic Answer Is NO.. Amigo,

You must have either a TPIN(taxpayer id number) or Social Security number in order to file tax return. Since the wife is still in Colombia she has not been legally admitted into the USA so she can NOT be claimed(some exception but very complicated). If your spouse is a nonresident alien and you file a joint or separate return, your spouse must have either an 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, he or she can file Form W-7 with the IRS to apply for an ITIN. If your spouse is neither a US citizen nor resident alien (green-card holder), you have a few options. You can file as Married Filing Separately, meaning you would report only your own income. If you have children and you provide more than half of their support, you may qualify to file as Head of Household. Or, as a third option, you may elect to treat your spouse as a resident alien for tax purposes, and file as Married Filing Jointly. This would mean you would report both of your incomes, which sounds unattractive until you delve deeper. Because there is a higher standard deduction for filing jointly than for filing separately, as well as various other ways in which the tax code treats joint For taxpayers living and working abroad, the filing deadline is extended automatically to June 15th. The deadline for payment is not extended; to avoid penalties and interest, any anticipated balance due should have been paid to IRS on or before April 16th.
filers. It is possible you may be better off filing jointly.

Personally JK I think you best be is do nothing until you bring her to the USA. File for AOS immediately after marriage on a K-1 or if she is entering on a CR 1- temporary immigrant visa she will be a permanent resident as soon as she is lawfully admitted to the USA. You can ask for an extension to file from IRS(paying what ever taxes are due) then after the paper work clears file the tax return and request a refund if one is due.

"Brevior Sltare Cum Deformibus Mulieribus Est Vita!" .

"Credidi pretio parvo emere et magno vendere tibi in animo fuisse!" .

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jediknight says on Dec 18, 2006, 16:36:

thanks gator, sounds like the easiest way to handle this.
cuidate hermano
JK

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famsearch says on Dec 18, 2006, 20:29:

i filed as married... but could not claim her as a dependant, since she had niether a ssn nor a tax id number. now that she is here, and has the ssn, gonna file the 1040x to amend the returns for the last couple of years.
dan

dan

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Colombian Services says on Dec 19, 2006, 08:45:

Gator is correct (as usual) I have filed using a TPIN & W-7 forms for my colombian wife and her 2 children, we have all the legal documents to prove marriage, however, my wife only has a tourist visa, and her children only have Colombian passports.

I'll be doing it again this year unless I get off my lazy gringo *ss and file the paperwork for all to receive visas.

Since I live in Colombia as a legal resident, I seen no reason to hurry with filing all the paperwork to receive U.S. resident visas, living in Colombia however I can file here in Bogota and have them in about 30 days. However, I'm just like the rest of you. Who the *ell wants to deal with the Bogota Embassy if you don't have to.

Best Wishes,
Bob
*********************
Miami Phone: 1-305-433-2299
Colombian Services Group:
www.Colombian-Services.com
www.FlowersToColombia.com
www.BogotaColombiaLodging.com

Bob - www.BogotaColombiaLodging.com - www.FlowersToColombia.com - www.Colombian-Services.com

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Dan says on Dec 26, 2006, 13:49:

it kinda sucks but yeah, SSN is needed. I tried doing it earlier this year and was told that I couldn't becaues my wife didn't have a SSN. Didn't matter that we were married for a year.

God Bless America!

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grizgator says on Jan 4, 2007, 07:07:

Let me tell you what I am doing There are some conflicting statements above. Let me tell you what I am doing...based on my reading of the relevant IRS publications.

Facts and circumstances: Married my wife in September, 2006. She still lives in Colombia, awaiting her K-3 visa. She has a daughter who lives with her in Colombia.

Tax Status: I am filing my 2006 1040 as "married filing jointly." I am not claiming the step-daughter as a dependent because she is not a U.S. resident yet.

In order to file with my wife jointly, two things are necessary. First, there must be a WRITTEN election to be taxed as a resident alien. We will attached such a statement, signed by both of us, to the return. Not that by doing this, both you and your spouse will be taxed on our "world-wide" income. See page 10 of IRS Publication 519.

Second, you must complete a W-7 that allows your wife to get a taxpayer identification number. This form MUST be submitted with your tax return and must be mailed to a special address (the return and the form should NOT be mailed to your normal processing center). Be sure to attached an authenticated copy of the ID page of your wife's passport.

Griz

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