Another plea for Tax help!

[Bigby 0]

My apologies - I know there are a ton of threads already asking for tax help, I am not able to find a specifc and direct answer to my question.

My wife came to the US on a K-1 fiance visa in March 2010. She immediately got her SS card. We got married in May 2010.

I have simple taxes and normally file a 1040EZ. My wife had 0 income from her home country and 0 from the US. My understanding from previous threads is that I may file as Maried, filing Jointly and take the larger joint standard deduction.

Soooo... what form do I need to file? I mean, can I just do a 1040EZ again, with Married filing Jointly, and call it a day? Or do I need to use a different form and/or supplemental forms? Is she automatically considered a full year resident alien, or do I need to claim or prove that with additional forms?

Also, I never got her a new SS card with our married name - my understanding is that to avoid confusion, I should just file the tax using the name on her SS card, is that correct?

If someone knows the answer (not guesses!), I appreciate the help!

Thanks!

[bestofboston 36]

My apologies - I know there are a ton of threads already asking for tax help, I am not able to find a specifc and direct answer to my question.

My wife came to the US on a K-1 fiance visa in March 2010. She immediately got her SS card. We got married in May 2010.

I have simple taxes and normally file a 1040EZ. My wife had 0 income from her home country and 0 from the US. My understanding from previous threads is that I may file as Maried, filing Jointly and take the larger joint standard deduction.

Soooo... what form do I need to file? I mean, can I just do a 1040EZ again, with Married filing Jointly, and call it a day? Or do I need to use a different form and/or supplemental forms? Is she automatically considered a full year resident alien, or do I need to claim or prove that with additional forms?

Also, I never got her a new SS card with our married name - my understanding is that to avoid confusion, I should just file the tax using the name on her SS card, is that correct?

If someone knows the answer (not guesses!), I appreciate the help!

Thanks!

[bestofboston 36]

I have simple taxes and normally file a 1040EZ. My wife had 0 income from her home country and 0 from the US. My understanding from previous threads is that I may file as Maried, filing Jointly and take the larger joint standard deduction.

Soooo... what form do I need to file? I mean, can I just do a 1040EZ again, with Married filing Jointly, and call it a day? Or do I need to use a different form and/or supplemental forms? Is she automatically considered a full year resident alien, or do I need to claim or prove that with additional forms?

Also, I never got her a new SS card with our married name - my understanding is that to avoid confusion, I should just file the tax using the name on her SS card, is that correct?

If someone knows the answer (not guesses!), I appreciate the help!

Thanks!

Use the EZ form or do it online (preferred method by IRS)

As long as you are married to your wife on the last day of the year, you can include her on the entire year.

It is okay that you were not married for the entire year.

As far as the name goes, you should begin to use her married name on the tax return with her maiden name in brackets adjacent to her married name.

Call the IRS and find out how to get her last name changed in the IRS records so it won't become an issue later when it is time to get social security. I am sure it is easy to get it changed. They may want to see the marriage certificate. I don't remember how my x-wife handled that. Too many years ago and it never came up.

[jkelly07 120]

when you file your taxes put her maiden name also kmow as .......married name on the form , the social security has to change the madien name to married bring your marriage certificate and your passport, your green card to the ss office, if your married you must file married, joint a better refund, if you file single the refund is not that good,

[Bigby 0]

when you file your taxes put her maiden name also kmow as .......married name on the form , the social security has to change the madien name to married bring your marriage certificate and your passport, your green card to the ss office, if your married you must file married, joint a better refund, if you file single the refund is not that good,

Yep, I totally plan to file jointly, was just wondering if I can use the 1040EZ and if I need anything supplemental.

Thanks ;-)

[Nich-Nick 3,354]

Yep, I totally plan to file jointly, was just wondering if I can use the 1040EZ and if I need anything supplemental.

Thanks ;-)

Here's a copy/paste of my gender neutral answer from another thread.

You will write a statement saying you are a US citizen and he/she was a non-resident alien on the last day of 2010 and you both elect for him/her to be treated as a resident alien for tax purposes. That's required for him/her to file jointly with you as he/she is not a resident yet by immigration rules. But for the IRS, the statement will allow him/her to be considered a resident as far as filing taxes goes. Otherwise a non-resident can not file a joint return. You both sign the statement and each list you name, address, and id number (SSN and A-number). Staple it to the end of your return.

How an statement with signatures can be submitted with an e-file, I don't know because I mailed a paper return the year we were at this stage. I didn't look into e-file for that year.

Use her SSN and her married name if that's the last name she plans to use now. Don't worry about what the SS card name says. IRS wants it for identification and I don't really think they check in with Social Security or Immigration. Government agencies don't check in with each other that much. I know illegal aliens work under the same fake SSN and multiple people file taxes with the same SSN. How does that fly? Apply for the greencard in her married name and after she gets that you can sort out her name for her Social Security records. It won't be a problem with IRS.

A comment on the jkelly post above-- A married person can't file as single. He can file Married Filing Separately if he does not want his wife on his return. His taxes would be higher than filing joint in most cases. I'm refering to this statement

if your married you must file married, joint a better refund, if you file single the refund is not that good,

Edited February 3, 2011 by Nich-Nick

[Bigby 0]

Here's a copy/paste of my gender neutral answer from another thread.

You will write a statement saying you are a US citizen and he/she was a non-resident alien on the last day of 2010 and you both elect for him/her to be treated as a resident alien for tax purposes. That's required for him/her to file jointly with you as he/she is not a resident yet by immigration rules. But for the IRS, the statement will allow him/her to be considered a resident as far as filing taxes goes. Otherwise a non-resident can not file a joint return. You both sign the statement and each list you name, address, and id number (SSN and A-number). Staple it to the end of your return.

How an statement with signatures can be submitted with an e-file, I don't know because I mailed a paper return the year we were at this stage. I didn't look into e-file for that year.

Use her SSN and her married name if that's the last name she plans to use now. Don't worry about what the SS card name says. IRS wants it for identification and I don't really think they check in with Social Security or Immigration. Government agencies don't check in with each other that much. I know illegal aliens work under the same fake SSN and multiple people file taxes with the same SSN. How does that fly? Apply for the greencard in her married name and after she gets that you can sort out her name for her Social Security records. It won't be a problem with IRS.

A comment on the jkelly post above-- A married person can't file as single. He can file Married Filing Separately if he does not want his wife on his return. His taxes would be higher than filing joint in most cases. I'm refering to this statement

She is a resident alien though, she got her green card in October. Does she still need a statement?

[Nich-Nick 3,354]

She is a resident alien though, she got her green card in October. Does she still need a statement?

I missed that part. No, she needs nothing special. Just file.