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I am a US citizen and married a China national 2009, should I file jointly or just leave wife off return any downside to adding her or any benefit?
I am a US citizen and married a China national 2009, should I file jointly or just leave wife off return any downside to adding her or any benefit?
My partner does not have a green card and is not a US Citizen, and I file married filing separate (not including my partner). I claim my one income and have no investment, pretty basic. I am just over he threshold but have never owed in the US going on 12 years now.
It depends on whether your wife is working, what her assets are, etc. You will need to speak with someone directly to understand what might be correct for your situation.
I have been married almost 5 years, We live in China.
My wife has never been to America but I have been told they expect her now to pay taxes to America for the privilege of being married to one of our citizens.
She has never been there or filed for a visa, green card etc. yet when i asked SS office about getting her a SSN if she has to pay taxes they said she does not qualify for a SSN unless she is in America, has a green card or filed for a work permit there.
So whats the deal? We are not gonna pay taxes there on her wages here if she gets no benefits from it later.
Double standard, pay us but no returns later. Can you clarify this for me? Thanks
I may be wrong here but I believe she has to have an alien registration number or a SSN in order for her to have to do this?
I’m following this as last year I was told I had to file as “single” since my husband didn’t have either of those..
Again that may have been wrong so perhaps the answer to your question will also answer mine.
Could not get the SSN as i said. Social Security said she was not eligible, so i told them then they are not entitled to tax her money. they did not like that but they cant have it both ways.
I just file married but separate now. and i think its the same to get an alien registration that she would have to actually be, or go there which we don’t plan on for now.
Hmm that’s completely crazy if she’s supposed to file solely for being married to an American.
She wont file, she is a Chinese citizen, lives and works in China. Let USA come after her and see which finger the Chinese government waves back at them with. But i am trying to do the right thing so i am still asking and trying to find out how.
If she does not work in the US, Does not have a US bank account, does not get paid in the US, is not a US citizen and holds no US property she cannot be taxed in the US.
She can get a SSN but on your tax return you list her as a NON-RESIDENT ALIEN. This is how my husband and I did my taxes for years and he never paid US taxes because he was not required to. I was listed married and took him as a dependent…this was all legal and how I was required to do it.
We got the SSN number for him in the UK and that is also hoe he was listed as a non-resident alien and I was listed married but filed separately.
I called the social security administration office myself 5 weeks ago on their toll free number. basically they told me to take a hike.
She is not a citizen, not on a green card and does not have an alien resident permit so she was not entitled (so they said) to a social security card. I am a disabled VET so i am going back for more VA hospital checks Sunday for 6 weeks.
I was hoping to take care of it while there. She will not be going with me. She has a job here and is now 11 weeks pregnant so travel is not open. So how best do I get her a card even if she is not required to pay taxes until or unless we move back so i am ahead of the requirements if we do?
I just spoke the the US consulate here in my area of China. They don’t have any clue about issuing a Non Resident alien Social security card or number. Are you sure it was not just a taxpayer ID number? Or do you know the regulation etc that may help?
She cannot apply for a SSN unless she is physically in the US and has permanent resident status. However if you do want to file the return with her, you can fill out a form W7 and apply for a ITIN. Income taxpayer identification number. However, you do not have to choose to file the return with her. You can file return separately from her – be careful, return filing status is MFS not single. She is not a US person and not obligated to file a uS return.
The return is a minor issue. other branches of the government want her to have it. VA is being difficult and affecting my Government retirement benefits because my spouse does not have a SSN.
Her having one or not is not required by law but they are impacting my benefits based on their interpretation.
As for taxes i file married but separate for now. For now there are 2 opinions. One says she cant get a SSN if she does not go there to apply yet another member just said she got one for her husband in a similar situation via the Embassy.
So the search continues for the correct answer and solution
I would still pay for an immigration specialist to help u require what u need. They are often well connected into those bloated govt bureaucracies. Surely they can help u get a SSN number, or whatever other ID number is required. If it helps u financially that much…
The law will say whether u are entitled to extra benefits, or not, with a foreign non-resident spouse who is neither a US citizen or has ever resided there with a green card. I would get help- even if u have to pay a little for some one time assistance.
That is all we did. include alien wife’s info on our return (just some foreign bank interest) and put her on the return. Take the much larger married couple thresh-holds… But foreign income exclusion normally covers all my wage/self employment income anyway.
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