Usa Social Security Questions

Tamrak · January 31, 2008

Good afternoon,

I plan to get married with my Thai wife. I plan to move and work in Thailand permanently. I am not yet retired. My wife will fly over here, to the US, on her tourist visa.

Our marriage is legal. I will be very much appreciated if the following information can be provided:

1. My wife does not intend to come and live in the United States. She will continue working in Thailand. If I die, will she get the surviving Social security benefit?

2. What advise can you provide before she travels to see me in the US? Will she need to apply for the Social Security card, even though she lives in Thailand? I am uncertain whether the SS office will issue the card based on our documents, which are only the passport and marriage license. My intention is to have her received the surviving benefits, if I die.

3. If I have a child with her and a child is born in Thailand, will the child become a US permanent resident and a citizen of Thailand? What are the pros and cons regarding nationality?

I do appreciate your inside information since many of you might have similar situations and can guide me of what to do. Thank you for your time.

Wrong Turn · January 31, 2008

Good afternoon,
I plan to get married with my Thai wife. I plan to move and work in Thailand permanently. I am not yet retired. My wife will fly over here, to the US, on her tourist visa.

Our marriage is legal. I will be very much appreciated if the following information can be provided:

1. My wife does not intend to come and live in the United States. She will continue working in Thailand. If I die, will she get the surviving Social security benefit?

2. What advise can you provide before she travels to see me in the US? Will she need to apply for the Social Security card, even though she lives in Thailand? I am uncertain whether the SS office will issue the card based on our documents, which are only the passport and marriage license. My intention is to have her received the surviving benefits, if I die.

As far as I know:

1. If your future wife is not working in Thailand there is no need for a Social Security number (SSN).

2. For her to recieve benefits from SS if you die, I believe the marriage has to be registered and you have to be married for 10 years, minimum, for her to recieve benefits.

The official Social Security website should have this information.

(A friend of mine married a South East Asian, and she is now eligible for SS benefits when (or if) he dies. I believe there is a minimum 10 year rule of official marriage that needs to be recorded at a US embassy, and she also had to travel to the USA at least once (I think more than once) to do this.

Honest question:

Why don't you just put her in your will and side-step the SS? If you die before her, just will her some of your assets.

Problem solved.

Mike45 · January 31, 2008

I think the best advice is to look it up or go see the Social Security people.

I do not know if she must have a SS# to get benefits but I suspect she must.

I do not think she can get one on a tourist visa.

I believe she must be a United states citizen to obtain benefits, after your death, when outside the country. That is my understanding and that is why we are not leaving the USA this year.

Good afternoon,
I plan to get married with my Thai wife. I plan to move and work in Thailand permanently. I am not yet retired. My wife will fly over here, to the US, on her tourist visa.

Our marriage is legal. I will be very much appreciated if the following information can be provided:

1. My wife does not intend to come and live in the United States. She will continue working in Thailand. If I die, will she get the surviving Social security benefit?

2. What advise can you provide before she travels to see me in the US? Will she need to apply for the Social Security card, even though she lives in Thailand? I am uncertain whether the SS office will issue the card based on our documents, which are only the passport and marriage license. My intention is to have her received the surviving benefits, if I die.

3. If I have a child with her and a child is born in Thailand, will the child become a US permanent resident and a citizen of Thailand? What are the pros and cons regarding nationality?

I do appreciate your inside information since many of you might have similar situations and can guide me of what to do. Thank you for your time.

Smokin Joe · January 31, 2008

2. SSN

With a Tourist Visa she cannot get a SSN, but being married to you she can get an ITIN (Individual Taxpayer Id Number) using IRS Form W-7. It would be done as part of your tax return if you want to file jointly.

noise · January 31, 2008

(1) My research for a widow after 25 years of marriage to a US State department retiree said she was ineligible for SS benefits because she never lived in the US. Her 25 years of multiple visit (they lived in Thailand the whole 25 years) did not count.

(2) They filed taxes jointly so the IRS gave her a Tax Identification Number vice a SSN. She was not eligible for a SSN because she never worked or lived in the US.

(3) Their children were born in Thailand, births registed at the embassy. They carry US passports and currently live in the US. However, they are eligble for Thai citizenship/passports.

Tamrak · February 1, 2008

Thank you for the valuable information.

Based on the answers that I received so far:

1. When I go to Thailand, I need to register my marriage at the US embassy, am I correct? Some of the answers stated that the marriage has to be registered. Since there is the record regarding the date and place in the States, I thought it is sufficient information.

2. Thank you for the information regarding ITIN (Individual Taxpayer Id Number). Look like we will submit the documents to the IRS while she visits me over here.

In the present, I am working and filing single on my 1040. After getting married, can I change my filing status to married, even though my wife is not living here? (I plan to join her later, but really need a tax break. So, I can provide her some additional income over there, which also link to the next question.)

3. Let's say that I have a child with her. Will the child be able to obtain the Social Security Number through the US embassy? Likelihood, we will be staying together in Thailand, rather than the US. If the child is born in Thailand, can I also claim him/her as dependent?

My goal is to live in Thailand and receive the retirement benefits over there. However, if I die, I need to ensure that my spouse / child will continue receiving the monthly check.

I do appreciate your inputs regarding this matter. Thank you so much for opening my eyes. I would like to send some allowances to assist the cost of living. This will help her tremendously, after we are getting married.

** (I hope there is a bank in Thailand that can receive the direct deposit from the SSA, instead of the monthly check.)

BEENTHEREDONETHAT · February 1, 2008

Give a second thought to the direct deposit. You can do it with Bangkok Bank but I believe they will convert it into Baht before sending it from the US. That means you will receive the off-shore rate which has been around 10% less than the on-shore rate. They may send it in USdollars but be sure to check first. Like most governments if they get it screwed up it takes forever to correct it. Good luck with it.

Spaniel · February 1, 2008

Thank you for the valuable information.
Based on the answers that I received so far:

1. When I go to Thailand, I need to register my marriage at the US embassy, am I correct? Some of the answers stated that the marriage has to be registered. Since there is the record regarding the date and place in the States, I thought it is sufficient information.

2. Thank you for the information regarding ITIN (Individual Taxpayer Id Number). Look like we will submit the documents to the IRS while she visits me over here.

In the present, I am working and filing single on my 1040. After getting married, can I change my filing status to married, even though my wife is not living here? (I plan to join her later, but really need a tax break. So, I can provide her some additional income over there, which also link to the next question.)

3. Let's say that I have a child with her. Will the child be able to obtain the Social Security Number through the US embassy? Likelihood, we will be staying together in Thailand, rather than the US. If the child is born in Thailand, can I also claim him/her as dependent?

My goal is to live in Thailand and receive the retirement benefits over there. However, if I die, I need to ensure that my spouse / child will continue receiving the monthly check.

I do appreciate your inputs regarding this matter. Thank you so much for opening my eyes. I would like to send some allowances to assist the cost of living. This will help her tremendously, after we are getting married.

** (I hope there is a bank in Thailand that can receive the direct deposit from the SSA, instead of the monthly check.)

1. I dont think it is required that your marriage is registered with the embassy. I'm married to a Thai and l retired here in Bangkok and I never registered.

2. My wife has a ITIN number. You will need to get the form W-7, as mentioned, and it will explain what needs to be done.

3. If you have a child with your Thai wife here in Thailand then you can file for the SS number at the embassy/consulate at the same time you register the birth. You can also at that time apply for his/her first passport. Since the child will have a SS number you can claim him/her on your tax form. Also, once you reach age 62, and if you at that time decide to file for Social Security benefits, and any of your children are under age 18, then you will also receive benefits for them.

4. I think the time your wife has to live in the USA to be elgible for SS benefits is 5 years not 10 as stated above. So if you should die before or after you started receiving SS your children under age 18 would be able to collect survivor benefits but not your wife, unless she had lived 5? years in the USA would not.

5. You will have to open a account with Bangkok Bank to receive direct SS payments. I think it works something like this. You open and account with Bangkok Bank in New York and Social Sec. transfer your monthly check to them. They in turn wire the money to your Bangkok Bank account in Bangkok and you collect the money here. I think they give you a discount rate for the wire service. Another poster said you get the off shore rate, which is lower, but I dont think this is true. I think you get the regular daily rate. My SS check goes direct to my stateside account so I dont use this system although I do use Bangkok Bank for occasional money transfers.

Hope this helps you out. Good luck.

stoneman · February 1, 2008

Give a second thought to the direct deposit. You can do it with Bangkok Bank but I believe they will convert it into Baht before sending it from the US. That means you will receive the off-shore rate which has been around 10% less than the on-shore rate. They may send it in USdollars but be sure to check first. Like most governments if they get it screwed up it takes forever to correct it. Good luck with it.

No you get the local rate, but there is a BIG problem...You must set up a direct deposit account at the local branch...And then get with the main branch of BKK Bank on Silom Road to set up the papers to get the monthly transfer....Then you must go in person to the branch every month with your passport and bank book to withdraw the money from the acct...I set up a second acct and moved it into that acct and used an ATM as I needed money...But it is a pain in the A___se...

After 3 months of going to the bank every month and standing in line...I moved my direct deposit back to the US and use an ATM...

Stoneman

PeaceBlondie · February 1, 2008

My SS, along with my other pension, has always been by DD into a USA bank accounrt, then withdrawn in batches of 25,000 baht by ATM anywhere in Thailand. Last month, 75K baht withdrawn, 500 baht total ATM charges. Total time spent at the ATM, maybe 81 seconds, anywhere in Thailand, at any hour. I don't want to wait in no stinkin' queue, during banking hours.

lopburi3 · February 1, 2008

I do not know about SS but for the poster who mentioned State Department they normally retire under OPM rather than SS and if his wife is designated as his beneficiary (and he is receiving reduced annuity) it does not matter who or where she lives - she is eligible to receive the normal 60% after his death, US tax free, and paid in her country each month.

There is no provision to "register" a marriage. You would submit marriage paperwork to the retirement office concerned. That would be the Thai marriage certificate/translated/registered at Ministry of Foreign Affairs copy. But I do not know SS requirements so you need to contact them.

You need to obtain the ITIN as part of your tax filing now so you fill out the form and include your tax return with it - they then forward your tax return. You can file as married and you can file a joint return if you include a short paper signed by her that she agrees to be the world wide tax obligation that involves. For those wives with no great income or assets this would normally make sense but you need to judge for yourself. There are instructions on what to do if you search irs foreign spouse income joint return or something like that. It is just a short note that she signs and dates.

Bangkok Bank PLC is the only bank authorized to directly receive SS payments - but it will be to a non ATM account and you will have to visit bank to move money (to prevent death fraud). Most people maintain a US account and wire transfer from that as you are likely to want a means to pay/receive tax refunds, order items, have debit/credit card for trips and such.

Tamrak · February 1, 2008

Thank you for all contributors. I felt that there are a lot of great knowledgable people on the board. However, the bad part for me today was when I visited the IRS office in order to obtain additional information on the ITIN. The agent was very unfriendly and he did not even look at my eyes while I asked questions.

I printed the information received from the IRS web site

http://www.irs.gov/pub/irs-pdf/p1915.pdf

The agent told me the following:

"My wife must physically be here in the States and must stay here for six (6) months."

I felt that the information was incorrect because the manual states that she could apply anywhere at the IRS contact office. I told him that how could she be here because she had to work over there. Then, the agent asked me what was the reason I would like to obtain the number. I told him that it was for the tax purposes. I even raised the questions about the child, if she/he is born in Thailand. He said that the child must be physically stayed in the States for six months. I felt that the agent was very incompetent, imbicle and uncooperative. I left the building within five minutes.

I realized that last year tax (2007), I have to file single because I have not yet married. I have not filed the return yet. It made me very confusing why it is so difficult to obtain an ITIN.

Questions:

1. Does my wife have to physically be here in the States when applying the ITIN for this year (2008) tax return? This means she has to come to the States next year, during the winter season.

2. Is it true that she has to be here for six months? She cannot absent from her work in Thailand.

3. What other routes you can recommend?

4. If she successfully obtains an ITIN, will I be able to file my return jointly while she is still working in Thailand? I will still work here until I can locate the job over there.

One way or the other, I felt that the information given by the agent was very inaccurate.

I do appreciate your time giving to this post. Thank you so much.

noise · February 2, 2008

.....the bad part for me today was when I visited the IRS office in order to obtain additional information on the ITIN.
http://www.irs.gov/pub/irs-pdf/p1915.pdf

Questions:

1. Does my wife have to physically be here in the States when applying the ITIN for this year (2008) tax return?

2. Is it true that she has to be here for six months? She cannot absent from her work in Thailand.

3. What other routes you can recommend?

4. If she successfully obtains an ITIN, will I be able to file my return jointly while she is still working in Thailand?

I deleted some of your words for brevity....

Sounds like you got an IRS agent who was not willing to admit you sprung something new on him so he just spouted off.

My answers to your questions (based on what friends have done) are:

No
No
Get married, apply for the ITIN by mail IAW pg 6 of the publication you cited (I think it was pg 6) for an alien spouse filing jointly. Attach a copy of your marriage certificate. Be sure to make a copy of your application.
Worst case, you have not received the ITIN by 2008 filing time. Just file jointly, leaving her ID number block blank, attaching a copy of your application and marriage certificate to the 1040. My widow friend did that for several years before the IRS just sent her a number (I have no idea why her husband didn't request one; I found all this out after he died).

Comments on your banking questions:

I have no checks sent to me in Thailand as all the banks want months to let the checks clear before depositing them into my account.

I have my money deposited in a Wells Fargo bank account and a standing wire dollar transfer made each month into my Thai bank account on a certain day every month. WF charges a $12 fee for that transfer.

If WF coverted it to baht before the transfer it would be at the lower US exchange rate. This way I get the higher Thai on shore rate.

I have another account for ATM withdrawals here in Thailand. I control that account such that I never have much money in it in case it is compromised in some manner. ATM thieves could only get hundreds of dollars instead of thousands.

I am seldom charged any ATM fee as long as I use BKK Bank and Siam Commercial Bank ATMs. I don't know why, just know that is the way it is. A friend uses another US bank and gets charged 2% every single time.

Hope this helps.

Spaniel · February 2, 2008

Thank you for all contributors. I felt that there are a lot of great knowledgable people on the board. However, the bad part for me today was when I visited the IRS office in order to obtain additional information on the ITIN. The agent was very unfriendly and he did not even look at my eyes while I asked questions.
I printed the information received from the IRS web site

http://www.irs.gov/pub/irs-pdf/p1915.pdf

The agent told me the following:

"My wife must physically be here in the States and must stay here for six (6) months."

I felt that the information was incorrect because the manual states that she could apply anywhere at the IRS contact office. I told him that how could she be here because she had to work over there. Then, the agent asked me what was the reason I would like to obtain the number. I told him that it was for the tax purposes. I even raised the questions about the child, if she/he is born in Thailand. He said that the child must be physically stayed in the States for six months. I felt that the agent was very incompetent, imbicle and uncooperative. I left the building within five minutes.

I realized that last year tax (2007), I have to file single because I have not yet married. I have not filed the return yet. It made me very confusing why it is so difficult to obtain an ITIN.

Questions:

1. Does my wife have to physically be here in the States when applying the ITIN for this year (2008) tax return? This means she has to come to the States next year, during the winter season.

2. Is it true that she has to be here for six months? She cannot absent from her work in Thailand.

3. What other routes you can recommend?

4. If she successfully obtains an ITIN, will I be able to file my return jointly while she is still working in Thailand? I will still work here until I can locate the job over there.

One way or the other, I felt that the information given by the agent was very inaccurate.

I do appreciate your time giving to this post. Thank you so much.

You can download the form you need, W-7, by going to www.forms.gov Just type in W-7. It comes with a 3 page instruction booklet. Unless thr regulations have changed then your wife does not have to be in the USA. Their is no reason why she wont be successful in getting the ITIN number although it did take a couple of months, at least that was the case when my wife filed for hers here in Thaoland several years ago.

Scott · February 2, 2008

I will soon be in a roughly similar position as the OP, so I am following this thread. It's also nice to know that it's not just Thailand that has a lot of bureaucratic hurdles that are hard to understand!

siamamerican · February 3, 2008

Below is info I obtained at the SS Admin website. OP, it seems your wife wouldn't be eligible for benefits. Even if she had a SS #, she would need to reside in the US to receive benefits. The laws changed in 2004 when the residency requirement was added for non-citizens. Hence my wife applied for her ctizenship a few months ago.

Nonpayment Provisions

The alien nonpayment provision (section 202(t) of the Act) provides for nonpayment of benefits to aliens who are absent from the United States for more than 6 consecutive calendar months, unless they meet one of several exceptions in the law that permit payment to continue. The primary exception is that the alien beneficiary is a citizen of a country which has a social insurance system of general application and which pays benefits to eligible United States citizens while they are outside that country.

Benefits that have been stopped because the beneficiary is outside the United States will resume when the beneficiary has returned to the United States and has remained here in lawful presence status for one full calendar month and will continue until the beneficiary is absent from the United States for longer than six consecutive calendar months.

In addition, in many cases, aliens entitled to dependents’ or survivors’ benefits must also meet a U.S. residence requirement to be paid outside the United States. The dependent or survivor beneficiary must have resided in the United States for five years, during which time the family relationship on which benefits are based must have existed. This five year residence requirement can be removed for dependents or survivors who are citizens or residents of a country with whom the United States has a totalization agreement.

Tamrak · February 4, 2008

Thank you all again for your reply.

Look like the questions are coming down to the ITIN here. I looked at the previous replies and I would like to ensure that they can be adapted to my situation.

As of today, February 2008, I am still working in the States and my future wife is still in Thailand. She is a Thai.
My current filing status is Single and claim 1, just for myself
My future wife will be flying over here in June, 2008 and we will be getting married
She will be here for one month. Then, she will go back to Thailand because her vacation is over.
I am looking for employment in Thailand. I will be moving when I can locate the job.

Questions:

After I have been getting married, in June 2008, can I change my filing status to Married, claim 2? This is to be used until the end of the tax year 2008.
Based on the new rules of the ITIN, the filing must be done at the same tax year. So, I plan to list her name in the form 1040 (2008 tax year) for the next year filing, before April 15, 2009. Can I do this way?
My wife will mail the form W-7, together with all of the required documents, such as her certified copy of the passport, certified copy of our marriage license and copy of my filing return, to apply for her ITIN. Is this correct or I have to file at the same time with her? (I am currently using the eFile, not paper filing. So, look like I have to do it manually next year.)
Can the notarial services at the US Embassy provides the certification of the true copy of her passport? I am concerning that if we mail the original of the true copy will get lost and we have to apply it for several years or several times, just like one poster has stated. (Darn, it is $30 per copy. That's more than the bank charges me over here !) When she comes over here, I wish I could use the notary public here to certify the copy of her passport. Look like the IRS might not want it that way. I might be wrong on this one.
If I move to Thailand before the end of the year, will it screwed up any entire process?

I think these are all questions that I have. The darn tax law is very confusing and I cannot understand some of the words they are using.

Thank you for your time. Any recommendations or suggestions are welcome. Take care.

moe666 · February 4, 2008

Tamrak, why are you making this so hard, file an extension for your income tax by April 15. When your wife arrives get a notarized copy of her passport, get married and have a good time. Have her sign the ITN application and the 1040 after she leaves you file your taxes and send in the forms to the approiate locations.

Read the instruction on the form for applying for a ITN it is very easy to do. In fact you donot have to be married to file, commonlaw wife can apply for ITN as in my case.

I live in new Mexico we have a lot of Mexicans who are citizens but have family in Mexico the ITN process is very common here. I went to my local IRS office and asked a fellow at the infomation booth about this. I says I have a common law wife living in Thailand I want to put her on my tax return, he says fill out this form and get a notarized copy of her passport come back and I will help you.

I had a trip planned for April 2006, filed an extension. Took her and passport to embassy made copy of passport, celebrated Songkram came back and filed for ITN. About 1 month later recieved number and filed taxes.

Dustoff · February 5, 2008

Right on, FAR too complicated.

Most seem to assume that you are marrying in Thailand but since you are marrying in the U.S., as I did, it all gets easier. When she comes over, get married, make copies of her passport, go to a notary anywhere and send out the form W-7 whenever you want.

If she has not as yet been to the States, apply for her visa NOW! If she gets one, she will have six months to use it and if she doesn't (a very good possibility), you will have time to change all of your plans. If she gets refused three times, she can never apply again for a tourist visa.

The five year rule is correct; she will not be receiving any benefits. If your child qualifies for some survivor benefit, it would likely not be paid unless U.S. residence is satisfied.

As to sending money over here, all U.S. banks have billpayer services and they are usually free if you have a premium account. Every month I billpay to Bangkok Bank in New York (they accept only electronic transfer NOT checks), they charge $5 and pass it along to Bangkok where a 0.25% fee (to a max of 500 baht) is subtracted before it is deposited in my Chiang Mai account at the daily rate. I receive both VA and SS so this is by far the cheapest way but if I were only getting SS, using an ATM card may be better for such a small amount.

Congrats on your upcoming wedding and I hope all goes as planned!

thatguy · February 5, 2008

I found this info on an SSA site:

http://www.ssa.gov/pubs/10137.html#additional

Additional residency requirements for dependents and survivors

If you receive benefits as a dependent or survivor of the worker, special

requirements may affect your right to receive Social Security payments while you

are outside the U.S. If you are not a U.S. citizen, you must have lived in the

U.S. for at least five years. During that five years, the family relationship on

which benefits are based must have existed.

Children may meet this residency requirement on their own or may be considered

to meet the residency requirement if it is met by the worker and other parent

(if any). However, children adopted outside the U.S. will not be paid outside

the U.S., even if the residency requirement is met.

The residency requirement will not apply to you if you meet any of the following

conditions:

* You were initially eligible for monthly benefits before January 1, 1985;

or

* You are entitled on the record of a worker who died while in the U.S.

military service or as a result of a service-connected disease or injury; or

* You are a citizen of one of the countries listed below; or

* Austria

* Belgium

* Canada

* Chile

* Finland

* France

* Germany

* Greece

* Ireland

* Israel

* Italy

* Japan

* Korea (South)

* Luxembourg

* Netherlands

* Norway

* Portugal

* Spain

* Sweden

* Switzerland

* United Kingdom

lopburi3 · February 5, 2008

Thank you all again for your reply.
Look like the questions are coming down to the ITIN here. I looked at the previous replies and I would like to ensure that they can be adapted to my situation.

As of today, February 2008, I am still working in the States and my future wife is still in Thailand. She is a Thai.

My current filing status is Single and claim 1, just for myself

My future wife will be flying over here in June, 2008 and we will be getting married

She will be here for one month. Then, she will go back to Thailand because her vacation is over.

I am looking for employment in Thailand. I will be moving when I can locate the job.

Questions:

After I have been getting married, in June 2008, can I change my filing status to Married, claim 2? This is to be used until the end of the tax year 2008.

Based on the new rules of the ITIN, the filing must be done at the same tax year. So, I plan to list her name in the form 1040 (2008 tax year) for the next year filing, before April 15, 2009. Can I do this way?

My wife will mail the form W-7, together with all of the required documents, such as her certified copy of the passport, certified copy of our marriage license and copy of my filing return, to apply for her ITIN. Is this correct or I have to file at the same time with her? (I am currently using the eFile, not paper filing. So, look like I have to do it manually next year.)

Can the notarial services at the US Embassy provides the certification of the true copy of her passport? I am concerning that if we mail the original of the true copy will get lost and we have to apply it for several years or several times, just like one poster has stated. (Darn, it is $30 per copy. That's more than the bank charges me over here !) When she comes over here, I wish I could use the notary public here to certify the copy of her passport. Look like the IRS might not want it that way. I might be wrong on this one.

If I move to Thailand before the end of the year, will it screwed up any entire process?

I think these are all questions that I have. The darn tax law is very confusing and I cannot understand some of the words they are using.

Thank you for your time. Any recommendations or suggestions are welcome. Take care.

1. For tax year 2008 you can file as married filing jointly or separately.

2. You will file W-7 next year and include your 2008 tax returns - tax forms will be forwarded by them.

3. Your wife gives the forms to you and you file next year with your tax forms attached - Believe there is an option of using on-line filing if you want to pursue but may be better to manually file as believe if you elect to use joint filing a special paper has to be attached making that deceleration.

4. Don't know about notary but expect your bank can do anything the Embassy can do - all they can certify is that the signature on copy belongs to the person presenting the passport.

5. It should not matter where you do this - the procedure is to send W-7 at the same time your tax return is ready to be filed and include the tax return for them to forward on for processing. I would assume they therefore add the ITIN to the tax forms.

taxout · February 5, 2008

You can file a joint return with your wife, but she'll have to file a formal election to be taxed as a US resident. That means she'll be taxed on her worldwide income just like any US citizen or permanent resident. Unless she later revokes it, the election remains in effect for all future tax years, whether you both file jointly or separately. Note that if the election is later revoked, it can't be claimed again.

Details at page 10 of this IRS publication:

http://www.irs.gov/pub/irs-pdf/p519.pdf

Edited February 5, 2008 by taxout

Tamrak · February 7, 2008

You can file a joint return with your wife, but she'll have to file a formal election to be taxed as a US resident. That means she'll be taxed on her worldwide income just like any US citizen or permanent resident. Unless she later revokes it, the election remains in effect for all future tax years, whether you both file jointly or separately. Note that if the election is later revoked, it can't be claimed again.
Details at page 10 of this IRS publication:

http://www.irs.gov/pub/irs-pdf/p519.pdf

Taxout and the rest - I have questions for you.

1. My future wife is still working as a teacher (government official) in Thailand. She has not made much money, approximately $1.7-2K per month. Do I need to report the income in Baht or convert into US dollars? (If I have to convert into US dollars, do I use the 33 bahts / dollars?)

2. Since she does not have the W2, will she need to translate the salary slip into English and / or have someone certifies the copy?

3. Look like her combined income will be subjected to the social security tax. It looks like double taxation, because she has already been taxed by the Thai government. What are your opinions regarding this one?

Look like, I will follow the contributors advice by filing an extension and wait for her to come over here and sign the W-7 form.

One group of folks (Indians) told me that, I could file this year as single and do the amendment. I think, it will create red flags to the IRS. (We really had the ceremony in Thailand last December 2007 with her parents and my parents, but did not officially go to the District to obtain the license. We do prefer to get married in the States.)

Thank you for your time replying. I hope I will get some ideas of what to do.

Edited February 7, 2008 by Tamrak

jstumbo · February 7, 2008

I think, it will create red flags to the IRS. (We really had the ceremony in Thailand last December 2007 with her parents and my parents, but did not officially go to the District to obtain the license. We do prefer to get married in the States.)

That means that you are not officially married. It would be like having the church wedding in the US and never getting the marriage license and filing it. The wedding is only ceremonial.

When my wife and I got married, she came to the US on a K1 fiance visa. We got married just by getting a license and signing it, having my brother and his wife sign as witnesses and a minister friend that signed it as the official. No wedding, just sitting at our dining room table. A few months later we had the wedding.

The US will recognize a marriage if it is legal in another country. Since your not officially and legally married in Thailand, it will not be recognized. If you tried to go to the embassy in Bangkok and file an I130 for her as your wife, they would not accept it because you do not have any marriage license because you are not legally married.

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