johnandrose

Hi everyone -

We'll - I'm flying out of here tomorrow night to bring my wife to the U.S. on her K3 visa . I have two questions -

1) I know that there are 3 types of I-94s (for new immigrants, visitors and another one i don't remember). They are color coaded (white, green and yellow - may be). All those people who've brought their spouses to the U.S. with a K3 visa, which I-94 do I fill out? Will it be the "visitor" one (the white one)?

2) I'm sure this topic has been discussed, but just want a quick answer. MY wife won't work throughout the last 2 months of 2004. And she probably won't have a SSN by the time I file for 2004's tax return. But can I still include her name in my 1040 and file as "married, filing jointly" on my 2004's tax return? I'll be filling in a new W-4 form at work and change my marrital status to "married" once she gets here next week

Thanks everyone.

jeffreyhy

john,

I am aware of only two types of I-94 - the I-94 for all aliens except those who are LPRs, who have immigrant visas, who are using the VWP, or who are visiting Canadian citizens, and the I-94W for aliens who are using the VWP. A K3 would use the I-94.

You and your wife can file your 2004 tax return as married-joint by including a Form W-7 (application for ITIN) for your wife with the return. When did you get married, just out of curiosity - in 2004?

Regards, JEff

johnandrose

Hey jeffreyhy - thanks for your reply.

Got married on December 29, 2003 , but I filed as single for my 2003 because it didn't make much sense to include my wife because she wasn't physically here. Besides, I would have had to get her signature etc. etc. But for 2004, I'll make sure I file as married-filing-jointly. I need to fill out a new W-4 at work (change my marrital status), right?

Noorah101

Hi John,

Yes, you'll change your status to married on the W-4. Don't get confused by the wording on the W-4 where it says "spouse must be resident" (something like that). For tax purposes, your wife is considered resident here, so it's ok to change to married status.

My fiance coming over on a K1 visa filled out the white I-94 card. Front and Back (even though it seems the back doesn't apply).

Best Wishes,
Rene

jeffreyhy

john,

You only need to fill out a new W-4 if you want to change the amount of income tax that is being withheld from your salary.

I got married in late 2003 myself, and my wife didn't get her K3 visa and come to the USA until late April 2004. Nevertheless we filed a joint FIT for 2003 and it saved me several thousand dollars - well worth the effort of sending the pages that required her signature back and forth.

Regards, JEff

johnandrose

Jeff,

I'm a little confused - you said that your wife didn't get her K3 visa and come to the US until late April, 2004. I'm wondering how you were able to file a JFIT for 2003 if she didn't even exist in the US systems? Did you get an ITIN for your wife that you used for your 2003 FIT? If that's true, then I missed out on some $$ (sad ....).

Can you please let me know if you did what I think you did (got an ITIN for your wife)? Thanks a lot for your help.

meauxna

In addition to JEff's forthcoming answer (which has been posted before, but I'll let him take his own question this time ) you may file an amended return after the fact. If it's enough money, I suppose it would be worth the effort.