W-4 Question

[Lisa and Ian 7]

I was mid filling out my W-4 form to show I want to withhold at the married tax rate instead of single, when I noticed "If married, but legally separated, or spouse is a nonresident alien, check the 'single' box".

Not sure what I should do.

We have not filed for AOS yet, but likely will in December, if that makes a difference.

[English Muffin 59]

Moving from IR-1/CR-1 forum to 'Moving Here' forum.

[Nich-Nick 3,354]

You can pretty much put whatever you want. That form isn't much more than an estimator of how much tax to withhold from your paycheck. Your final tax is based on all the calculations you do when you fill out the 1040 tax form. So if your W4 wasn't the perfect estimation and too much was withheld--you get a refund. If you didn't have enough held from your paycheck--you will owe the IRS when you file.

And if you are married, then by all means you can have the married classification. Looking ahead to filing your 2009 taxes. Your wife can be classified as a resident alien for tax purposes only and you can file a joint return exactly like other married couples do (if you were married in the year 2009). It has nothing to do with her AOS or immigrant status, but is only a tax filing classification. You include a statement with your return that you both wish her to be declared a resident alien for the purpose of filing taxes and you both sign the statement. See Publication 519 from the IRS page 10, middle column near bottom.

The thing to consider is worldwide income must be declared if you file jointly. That means her income earned in 2009 must be converted to approx US dollars and declared. BUT there is an exclusion of that income unless she made super megabucks. That means you tell them what she earned in her country, you exclude it by tax laws, so she isn't actually being charged US income tax on her earnings. And you get the extra benefit of double your standard deduction, etc. by filing married.