got married lat Nov 2008, my husband wanted to file income tax as married now can i be his dependent?

[marjo2008 0]

Hi, Please I need ur help here, we've got married last Nov. 08 and about to file for AOS this month. My husband will file his income tax for 2008, my question is: Can i be his dependent and he'll file for a joint income tax? am i considered as non-resident alien or legal-resident here. BTW, i have my ssn already but without any income as i came here as K-1 and about to adjust my status as legal resident this month. Please, help us hav an idea wether my husband can have me as his dependent when filing tax. Thanks a lot and God Bless.

[YuAndDan 153]

Yes, can file a joint return.

[marjo2008 0]

Yes, can file a joint return.

thanks "YouAndDan" but am i cosidered a non-resident alien here or a legal resident? No GC yet

.

[Nich-Nick 3,354]

From a previous post I made a few days ago. The whole thread has moved to the second page. http://www.visajourney.com/forums/index.php?showtopic=170514 Post 4 by lucyrich is very good.

If your spouse does not have a green card, you can declare with a statement attached to the 1040 filing form that you both elect to treat your new spouse as a resident alien for income tax purposes. You both have to sign it. Then you can file jointly. Otherwise a non resident alien can't file jointly. When you make that declaration, he is treated as a resident alien for the whole year 2008, not just the time he has been here. By making that declaration, worldwide income for the whole year 2008 must be reported for both spouses.

So if he/she worked in his home country part of 2008 before coming to the US, then any income earned abroad must be listed as income. BUT there is an exclusion of foreign income which for 2008 is $87,600 per individual. The non USC spouse has to figure out how much money he collected from employment from Jan 1, 2008 until he quit his job to move to the US. Then use some kind of conversion chart to change that figure into US dollars. If your foreign income received is not more than $87,600, then it all gets subtracted back off your joint income. Now your adjusted gross income that you pay taxes on is essentially only that earned by the USC in the US. And because the USC now has a spouse filing jointly, he will pay less taxes than he would if he were still single in most cases.

There is a form 2555-EZ where you fill out your exclusion. There's some questions about residency in that country asking if you were present for 330 days during any 12 month period that ended in 2008. Most of you were probably present in that foreign county your whole life until you moved here. It doesn't mean 330 days in calendar year 2008. It is 330 days out of any 12 month period...like Jan 2007 to Jan 2008, or October 2007 to October 2008.

[Welshcookie 17]

My husband filed jointly while I was in the UK and with no SSN.