Tax Filing Concerns for H-1B Visa Holders with H-4 Spouse

[sametaylak29]

I am an H-1B visa holder and have been living in NYC for approximately 1.5 years. For tax purposes, I am considered a resident alien and am also married. I work as a software engineer and receive a W-2. My wife is not eligible for an SSN, and we do not plan to obtain an ITIN in the near future. She is not working due to her ineligibility for an SSN. Consequently, I filed my tax return as "Single" because TurboTax required an SSN or ITIN for my wife. Is this problematic? I filed with TurboTax PLUS, so I have the option to amend my return. What should I do in this case?

[pk]

@sametaylak29 , I do not understand  your logic for not getting an ITIN for your wife.  Because as a MFJ , your taxes should be quite a bit lower than MFS. 

Also MFS status would mean  TurboTax will ask for the details of your spouse anyways and may  force you to file by mail.

Which country are from ?  How about your spouse ?  Also note that as person with dependent visa , her tax status is same as yours  ( Resident for Tax purposes ).

What can I do to help you ?

I will circle back once I hear from you --yes ?

[KrisD15]

You are married, therefore your choices are to file 

Married Filing Separately 

or

Married Filing Jointly 

You should not file as Single. 

You will need to amend your returns.

In TurboTax, select "My spouse is a non-resident alien"

Next, select No for treating her as a U.S. resident for the entire tax year." if you are not making the election to file a joint return. 

@sametaylak29

[sametaylak29]

The system still make me to enter SSN/ITIN for my wife.

[KrisD15]

You can leave it blank, TurboTax won't like it and may even say it's an error, but you will be able to e-file without one for her if you're filing separately. 

If filing jointly, you will need to print and mail the return with Form W-7. 

[sametaylak29]

how can I do that? I've already filed as a single. Is it possible to cancel that?

[pk]

@sametaylak29 , I think there is a time limit  of  change from  MFS to MFJ -- have to be done by the filing date of 4/15.  Just not sure -- I know one has that -- either MFS to MFJ or MFJ to MFS.

But in any case if your return has been filed/accepted then wait for it process.

File an amended return --- Tell TurboTax that you want to amend your return.    Now prepare the return using  dummy  SSN for her .  Everything else stays the same.

When all done, tell Turbo you want to file by mail

Print,  replace the  wife's SSN with  " N R A ".

Download from the IRS, form W-7, fill it out and attach all the documentation  that is  called out.

Note that  you may have to go to the local IRS office to get the copies of  documents  certified ( if you do not want to send her passport etc. to the IRS ).

Mail the whole shebang to the address shown for  W-7.

Yes , it is bit involved but the  rewards in reduced taxes may be worth it .  And don't forget, your state also needs to be amended. 

Is there more one of us can do for you ?

[sametaylak29]

TurboTax says they've been accepted, so I think I'll wait for them to be processed and hope for the best.