Urgent - Married, but wife is not in USA, how do I file?

[rvaccha]

Hello,

I am filing a 1040. My wife and I have been seperated for 2 years, thus for the entire 2006. She lives in India and has never visited USA. We got married in India and I relocated to USA 2 years ago.

She has no income earned in USA and does not have a Social Security number. We have no children.

We are still legally married because the divorce is in process.

I was wondering if I can file as 'Married, filing jointly' or 'Married, filing seperate'?

Thanks, RJ

[Snaggletooth]

Find a Tax Preparer

At this late date I think your best recourse is to find a tax preparer in your area, and try to find one with experience in foreign-status returns, i.e. 1040-NR whether you use one or not.

It's not that we are unwilling to help on this board -- it's that there are so many permutations of situations that time does not permit, whereas you will spend literally hours telling enough information to definitize anything for you. For example, you haven't told us whether you are a citizen or not. You have given us no idea of your income level or your wife's income level, or US income versus worldwide income.

One of the potential situations is if your wife is a non-resident alien, you may be able to exclude all of her income if: i)she has no US income, ii)she is a non-resident alien, and iii)you file married,separate. But this is just one scenario, and depends on these and many other factors.

Spend the money to find a good preparer in your area - and don't go crazy trying to pummel this board with the dozens of questions which will be required for you to adequately definitize your situation.

Best wishes and good luck.

[NewMexico]

I think you can only MFJ only if wife agrees....otherwise I'd file MFS. When you do this you've met your obligation and she's on her own.


See Taxbook page 3-13 MFJ ( it says both must agree)

[Snaggletooth]

Worldwide Income

In addition to what New Mexico advised, I believe if you file MFJ you will have to include your wife's worldwide income in U S dollars.

[Bill Tubbs]

Mfs

Hello,

I am filing a 1040. My wife and I have been seperated for 2 years, thus for the entire 2006. She lives in India and has never visited USA. We got married in India and I relocated to USA 2 years ago.

She has no income earned in USA and does not have a Social Security number. We have no children.

We are still legally married because the divorce is in process.

I was wondering if I can file as 'Married, filing jointly' or 'Married, filing seperate'?

Thanks, RJ

I had a client this year -- US Citizen living in UK, married to a UK national. The IRS agent I talked with said that she (US Citizen) could file MFS and write "See Attached' on the 1040 where the spouse's SSN was asked for; then attach a statement saying that the spouse has no US reporting requirement and briefly explain the situation. Maybe that'll work for you as well.

Bill