Resident or Nonresident Alien?

[NateM 0]

My wife arrived here last March on a K-1, and our AOS interview is next week... I'm currently in the process of filing our joint tax return, as it sounds like we'll need it, and have just read the following (on Wikipedia):

"U.S. citizens and resident aliens are eligible to take the standard deduction. Nonresident aliens are not eligible."

Judging by the first line of this post, would my wife be considered a resident alien or a nonresident alien?

Also... Although my wife's legal name changed after we got married, we were never able to update it on her Social Security card (partly due to an EAD that still hasn't arrived). So in other words, the name attached to her SSN is her maiden name. For this reason, I'm considering using her maiden name on the joint tax return... But another part of me wonders if doing so would be a bad idea, as the joint tax return will also serve part of our marriage evidence at the interview. Any advice on which name would be most appropriate to use in this situation?

[payxibka 10,047]

My wife arrived here last March on a K-1, and our AOS interview is next week... I'm currently in the process of filing our joint tax return, as it sounds like we'll need it, and have just read the following (on Wikipedia):

"U.S. citizens and resident aliens are eligible to take the standard deduction. Nonresident aliens are not eligible."

Judging by the first line of this post, would my wife be considered a resident alien or a nonresident alien?

Also... Although my wife's legal name changed after we got married, we were never able to update it on her Social Security card (partly due to an EAD that still hasn't arrived). So in other words, the name attached to her SSN is her maiden name. For this reason, I'm considering using her maiden name on the joint tax return... But another part of me wonders if doing so would be a bad idea, as the joint tax return will also serve part of our marriage evidence at the interview. Any advice on which name would be most appropriate to use in this situation?

For tax purposes, your wife would be considered a resident alien because she spent more than 183 days in the USA (passes substantial presence test)

Edited March 2, 2010 by payxibka

[NateM 0]

For tax purposes, your wife would be considered a resident alien because she spent more than 183 days in the USA (passes substantial presence test)

That's good to know - I appreciate the response. Does anyone have any idea about the second question (last paragraph in the post)?

[fabulous02 1]

That's good to know - I appreciate the response. Does anyone have any idea about the second question (last paragraph in the post)?

Did you try updating her name at the SS office based on your marriage certificate? You should be able to do that before her EAD arrives, and that way you can use her married name on the tax return. I believe to avoid problems, you should use her married name on the joint tax return.

[Brother Hesekiel 2,236]

Use her current name, not her maiden name on the tax return. Uncle Sam is interested in the cash, first and foremost, not in immigration-related issues. Most likely it will never, ever become an issue. But if it does, eventually, you can clear this up with the updated SS records.

[VanessaTony 3,567]

That's good to know - I appreciate the response. Does anyone have any idea about the second question (last paragraph in the post)?

Unlike what Bob said DO NOT USE HER MARRIED NAME!! As her married name isn't on the SSN then the tax return will be rejected. This happened to someone else because the SSN did not match the name on the tax return.

I have filed with my husband in my maiden name because my SSN isn't updated. It was fine and i had no problems.

Here's some links to prove they NEED to match (SSN and name on return that is):

- http://answers.yahoo.com/question/index?qi...23150232AAYkQRo

- http://missourifamilies.org/features/finan...es/ssnumber.htm (probably more reliable)

- http://www.irs.gov/individuals/article/0,,id=136696,00.html (Most reliable, see code 701 which states it will be rejected under this code)

Edited March 3, 2010 by Vanessa&Tony

[VanessaTony 3,567]

Use her current name, not her maiden name on the tax return. Uncle Sam is interested in the cash, first and foremost, not in immigration-related issues. Most likely it will never, ever become an issue. But if it does, eventually, you can clear this up with the updated SS records.

Just to reiterate WRONG Bobbie boy. The SSN and name on return MUST match or the return will be rejected under code 701.