I864 affidavit tax issue

[DomiYork81]

Hello to everyone on this board. I was hoping I could get some help on an issue I am currently having. Just to give a backstory I am a U.S citizen and last May I went to Bogota, Colombia with a Colombian-American friend and another friend of ours. I went strictly to have fun and experience a new country. However I ended up meeting the love of my life. A beautiful (inside and out, especially inside) Colombian woman. We got married last year in September.

I am in the process of doing the paperwork to bring her here. I am pretty much in the last stages. The Immigration law office I am working with is doing the I-864. If all goes well the interview should be in a few months.

I decided to file my 2008 taxes as married filing jointly, but I was recently informed by said immigration law office that I should not have done that because she was a non-resident. They went on to further tell that if it my 2008 taxes are requested for the affidavit I will have to amend my taxes. As of right now they are going to try to get by using my 2007 taxes.

However U.S. tax law allows me to include her in my tax return as long as I file the necessary forms with my tax return, which I did. Did I really make a mistake or is the Immigration Law office mis-informed? I thought the main purpose of the affidavit was to show I could be financially responsible for my wife. What does my tax status have to do with that? I was simply trying to ensure the best return for us. I figured the extra money from the refund on a joint return would be nice to have once she was here. Did I make a mistake? I'm starting to think I might have complicated things and that I might have been better off filing married-separate.

[Amir]

How did you get her a social security # to put her down on income tax return?

[DomiYork81]

How did you get her a social security # to put her down on income tax return?

You don't need a SSN to fill taxes. You can fill out a W-7 along with your return. The W-7 assigns a Tax ID #.

[nichole]

You are absolutely correct in what you filed with IRS. Publication 519 from the IRS is a good source of info. She will be assigned an ITIN number in lieu of a SSN for tax filing purposes. An otherwise non-resident alien who is married to a USC can be considered a resident alien for tax filing purposes. It doesn't change their immigration status, just their status with the IRS. I sent a statement (as outlined in the tax publications) signed by both of us stating we wished for (my husband) to be declared a resident alien for tax purposes. To do that does require you to claim worldwide income (foreign spouses) for the entire year of 2008. But the foreign income exclusion ($87,600) should more than cover any wages she earned so would not be a taxable amount to you in the end. If the foreign spouse earned income you do need to list it converted to US dollars under "other income>foreign", then take the exclusion (Form 2555).

The fact that both your names are on the tax return is a another proof of the marital relationship.

[DomiYork81]

You are absolutely correct in what you filed with IRS. Publication 519 from the IRS is a good source of info. She will be assigned an ITIN number in lieu of a SSN for tax filing purposes. An otherwise non-resident alien who is married to a USC can be considered a resident alien for tax filing purposes. It doesn't change their immigration status, just their status with the IRS. I sent a statement (as outlined in the tax publications) signed by both of us stating we wished for (my husband) to be declared a resident alien for tax purposes. To do that does require you to claim worldwide income (foreign spouses) for the entire year of 2008. But the foreign income exclusion ($87,600) should more than cover any wages she earned so would not be a taxable amount to you in the end. If the foreign spouse earned income you do need to list it converted to US dollars under "other income>foreign", then take the exclusion (Form 2555).

The fact that both your names are on the tax return is a another proof of the marital relationship.

Thank you, this is what I thought as well. But a lot of immigration lawyers are unaware of U.S. tax laws so it can get confusing. I wish they would do a better job informing themselves of such things. A lot of their clients can benefit from things like this and they don't make them aware of it. I found this out on my own.

[nichole]

Yeah, well I don't have a lawyer so have to figure a lot out on my own. I hope he does a good job of you paperwork.

Something for you to look up because I didn't really read tax laws particularly for spouses still abroad is the Recovery Rebate Credit. It's the 2008 version of the stimulus from 2007 where singles got up to $600 and couples up to $1200. My spouse lives here now and has received a Social Security number, so he qualified for the $600 because he didn't get it for 2007. (He came here on a K1 in 2008 and we married.) K1s can get a SSN immediately, though can't work until EAD card received.

A spouse must have a SSN to qualify for the Recovery Rebate. You maybe could file an amended return after she gets a SSN and claim the $600. Look into it.

[scwt33]

My case is in Bogota colombia too.

We been married sence june 2007. I have been filing my taxes single sence she isnt here yet. I wasn't aware that you could claim your spouse on taxes if she is still in her country. I just sent my I-864 and documents last week to the National Visa Center. Im not sure what the next step is but i hope they let her and I know soon. I hope yours goes better and faster than mine did. If you ever need to talk with someone thats in the same situation as your in and married to a Colombian woman to just let me know. I wish you the very best and godbless you both.