Income Tax filing newly married

[Nich-Nick 3,354]

Thank you Nich-Nick and tom&tata. Hopefully we get his EAD soon so we can get his SS#. Also.....When we go to get his SS# once he gets EAD will he be given a temp SS# card or will we have to wait for it in the mail?

You have to wait, but there is a way they can print a receipt or verification. I believe you have to go back the next day and when it prints it will contain the SS number. All you need to have is the number for your tax return.

For some reason, when we went to the SS office, she said we couldn't do that because she didn't put something in her computer before she hit "submit". She said if we had told her before she submitted then it could be done. She even asked the supervisor and he agreed. I have no idea what that was about, so maybe say upfront we need to know the number so how can we get something printed out without waiting for the card to arrive in the mail. Lots of people get the printout and our girl was inexperienced so for some reason we couldn't get it. Maybe she needed a record number to write down and once she hit submit, it was gone. I know she said we can't look it up by name.

[kaffy 2]

I got my monies back already! Very very quick... a little over a week from when I lodged the return to when the money was deposited into our account.

We filed the regular 1040, 2555EZ foreign income tax exclusion and 8917 to deduct tuition & fees all using Turbo Tax and it was quick, simple and accurate.

[Craig & Julia 0]

Which "test" did you all use to qualify for foreign income exclusions? With the Physical presence test, obviously Julia has lived in Germany for 330 consecutive days, but not 330 directly leading up to the day she permanently moved here. I can put 2 dates in for example from 2005 - 2008, add the excusions (Trips here), and TurboTax accepts it but will the IRS since the last time she was in Germany for 330 days in a row was 2005-2006? I actually called the IRS on this but they were no help. The only read back to me the law which obviously is not easy to understand.

[himher 634]

We stay out of the country for >330 days a year to qualify for the exclusion.

Which "test" did you all use to qualify for foreign income exclusions? With the Physical presence test, obviously Julia has lived in Germany for 330 consecutive days, but not 330 directly leading up to the day she permanently moved here. I can put 2 dates in for example from 2005 - 2008, add the excusions (Trips here), and TurboTax accepts it but will the IRS since the last time she was in Germany for 330 days in a row was 2005-2006? I actually called the IRS on this but they were no help. The only read back to me the law which obviously is not easy to understand.

[otso88 0]

will it hurt the i-751 application if married filing separately on taxes?

[nj2peru 0]

If you married abroad and you live and work in the states while your spouse is living overseas, how do you file?

It only makes sense for me to file as single because at this point I am not officially married in the states. my spouse doesn't have an alien number or ssn, and probably will not until next year anyway. i am married to someone who is not an alien yet. i am getting ready to send in my i130 for a cr1.

i understand it makes sense to file married jointly to pay less taxes but my spouse does not exist in the states...

any input on this?

[Nik+Heather 121]

If you married abroad and you live and work in the states while your spouse is living overseas, how do you file?

It only makes sense for me to file as single because at this point I am not officially married in the states. my spouse doesn't have an alien number or ssn, and probably will not until next year anyway. i am married to someone who is not an alien yet. i am getting ready to send in my i130 for a cr1.

i understand it makes sense to file married jointly to pay less taxes but my spouse does not exist in the states...

any input on this?

Yes, it's in this thread. There is a lot of good information. You should read it.

I just read the whole thing. Short answer get an ITIN and have a statement saying you wish your foreign spouse to be counted as a resident alien for tax purposes only.

[V-G-1 1]

Just married in November... My wife has not worked in the US this year. How will this effect income tax filing for 2008? Do I file jointly with her at 0 income? She has a SSN already.

Thanks

GREAT THREAD all!!)

Out of curiosity:

1. Does anyone know if the foreign spouse has to report foreign income on the STATE taxes

2. Does the exclusion 2555 EZ work everywhere and anywhere, or only for certain countries?

[Nich-Nick 3,354]

If you married abroad and you live and work in the states while your spouse is living overseas, how do you file?

It only makes sense for me to file as single because at this point I am not officially married in the states. my spouse doesn't have an alien number or ssn, and probably will not until next year anyway. i am married to someone who is not an alien yet. i am getting ready to send in my i130 for a cr1.

i understand it makes sense to file married jointly to pay less taxes but my spouse does not exist in the states...

any input on this?

Married is married, so you're not single is my interpretation. You can file married filing separately.

[V-G-1 1]

Just married in November... My wife has not worked in the US this year. How will this effect income tax filing for 2008? Do I file jointly with her at 0 income? She has a SSN already.

Thanks

Did your wife work overseas this year? Foreign income has to be reported if you include her on your US income tax. Rin had no 2006 income tax (we married Oct 2006), so I filed "married filing jointly". If your wife had foreign income it will be have to be reported when you file (if filing "married filing jointly"), however a certain amount of foreign income may be excluded from US tax.

Check www.irs.gov and do a search for foreign income.

Just to throw a monkey wrench in the whole issue:

General Information

"If you are a U.S. citizen or a U.S. resident alien living in a foreign country, you are subject to the same U.S. income tax laws..."

Techinically, a K-1 finance who moves here, gets married, and is now together filing jointly is NOT a U.S. Resident Alien living in a foreign country anymore....she is just a U.S. Resident Alien living here now.....

So I believe no, she doesnt have to report income from her native country form earlier that year..

[F & J 21]

Hi! I posted about this a while ago at http://www.visajourney.com/forums/index.php?showtopic=238738

I just found this thread and thought I'd ask here ^__^;; :

My husband (the U.S. citizen) and I are preparing to file taxes. My husband has his W-2 already and we're sending it to our accountant this week - we haven't met with her yet to ask questions but I figured someone here on VJ might have been in the same situation:

1. Would we need to send proof of our marriage (i.e. marriage certificate)?

I applied for a SSN before we got married so my SSN card is still in my maiden name. Our AOS is still pending and we're waiting to get my EAD so I can change the name on my Social Security Card to my married name but I read that it didn't really matter? We can still file in my maiden name because the name on the tax form has to match the name exactly as it appears on my SSN card. I'm just wondering if we need to send proof that we're married?

I read about the 2 tests that allow the foreign spouse to be considered a U.S. resident for tax purposes. There's the Green Card test (which I don't have yet as AOS is still pending) and the Substantial Presence Test.

2. Do I pass the Substantial Presence Test?

You will be considered a U.S. resident for tax purposes if you meet the substantial presence test for the calendar year. To meet this test, you must be physically present in the United States on at least:

1. 31 days during the current year, and

2. 183 days during the 3-year period that includes the current year and the 2 years immediately before that, counting:

* All the days you were present in the current year, and

* 1/3 of the days you were present in the first year before the current year, and

* 1/6 of the days you were present in the second year before the current year.

I arrived on June 27, 2009 so counting from June 28, 2009 to December 31, 2009, I've been in the U.S. for 187 days.

Do I meet the Substantial Presence Test requirements even if I wasn't in the U.S. at any time during 2007 and 2008? Is it okay to just count the days in 2009?

3. Do we file jointly even though I have NO foreign or domestic income?

I'm a full-time homemaker. How do we file if I am just a dependent and have no income to report?

Edited January 25, 2010 by Fatima and Jim

[payxibka 10,045]

Hi! I posted about this a while ago at http://www.visajourney.com/forums/index.php?showtopic=238738

I just found this thread and thought I'd ask here ^__^;; :

My husband (the U.S. citizen) and I are preparing to file taxes. My husband has his W-2 already and we're sending it to our accountant this week - we haven't met with her yet to ask questions but I figured someone here on VJ might have been in the same situation:

1. Would we need to send proof of our marriage (i.e. marriage certificate)?

Our AOS is still pending and we're waiting to get my EAD so I can change the name on my Social Security Card to my married name but I read that it didn't really matter? We can still file in my maiden name because the name on the tax form has to match the name exactly as it appears on my SSN card. I'm just wondering if we need to send proof that we're married?

I read about the 2 tests that allow the foreign spouse to be considered a U.S. resident for tax purposes. There's the Green Card test (which I don't have yet as AOS is still pending) and the Substantial Presence Test.

2. Do I pass the Substantial Presence Test?

You will be considered a U.S. resident for tax purposes if you meet the substantial presence test for the calendar year. To meet this test, you must be physically present in the United States on at least:

1. 31 days during the current year, and

2. 183 days during the 3-year period that includes the current year and the 2 years immediately before that, counting:

* All the days you were present in the current year, and

* 1/3 of the days you were present in the first year before the current year, and

* 1/6 of the days you were present in the second year before the current year.

I arrived on June 27, 2009 so counting from June 28, 2009 to December 31, 2009, I've been in the U.S. for 187 days.

Do I meet the Substantial Presence Test requirements even if I wasn't in the U.S. at any time during 2007 and 2008? Is it okay to just count the days in 2009?

3. Do we file jointly even though I have NO foreign or domestic income?

I'm a full-time homemaker. How do we file if I am just a dependent and have no income to report?

Substantial presence test is 183 days after you run the calculation... You have been here 187 days in 2009... no need to do any more math... you pass. You are considered a resident alien for tax purposes.

In order to be included on a "joint" tax return, you do NOT need any income, you just need to be considered a resident alien for tax purposes (based on the above, you are).... you are simply included on the return with your spouse. Period. It is that simple.

[F & J 21]

Substantial presence test is 183 days after you run the calculation... You have been here 187 days in 2009... no need to do any more math... you pass. You are considered a resident alien for tax purposes.

In order to be included on a "joint" tax return, you do NOT need any income, you just need to be considered a resident alien for tax purposes (based on the above, you are).... you are simply included on the return with your spouse. Period. It is that simple.

Yay! Thank you so much for your reply! I've never filed taxes before so I really have no idea how it works. My husband and I tried to see our accountant last week but we didn't even think to call before we dropped by so she was out. My husband doesn't know how it works either because he was deployed in Iraq for the past years he's been filing for taxes so the accountant took care of everything. ^__^;;

Would it matter that my SSN is still in my maiden name? Do we need to send proof that we're married?

[payxibka 10,045]

Yay! Thank you so much for your reply! I've never filed taxes before so I really have no idea how it works. My husband and I tried to see our accountant last week but we didn't even think to call before we dropped by so she was out. My husband doesn't know how it works either because he was deployed in Iraq for the past years he's been filing for taxes so the accountant took care of everything. ^__^;;

Would it matter that my SSN is still in my maiden name? Do we need to send proof that we're married?

no proof of marriage is required to be included...

[F & J 21]

no proof of marriage is required to be included...

Thank you again! ^___^

One last question: Will my husband need to update his info (civil status) with the Social Security Administration now that we're married?

I don't remember seeing a field for civil status (Single/Married/etc.) on the SS-5 form

Edited January 25, 2010 by Fatima and Jim