How to jointly file tax after marriage?

[xor 0]

Hello,

My husband and I want to file tax jointly. He started working in september 2011. We got married in October 2011 and sent in all the paperwork (I-130, I-485, etc) in November 2011. He is the petitioner. I am the beneficiary. My visa expired in 2004 and I have never worked because I was in school until June 2011.

We got back a RFE (which we will take care of) but right now we just have a question about how to file taxes.

We are confused if it is possible for us to file tax jointly. Do I just need to fill out the W-7 form that will allow me to get a tax number and send it in with his W-2?

Please explain. Thank you so much.

[kokylolo 7]

Hello,

My husband and I want to file tax jointly. He started working in september 2011. We got married in October 2011 and sent in all the paperwork (I-130, I-485, etc) in November 2011. He is the petitioner. I am the beneficiary. My visa expired in 2004 and I have never worked because I was in school until June 2011.

We got back a RFE (which we will take care of) but right now we just have a question about how to file taxes.

We are confused if it is possible for us to file tax jointly. Do I just need to fill out the W-7 form that will allow me to get a tax number and send it in with his W-2?

Please explain. Thank you so much.

There are things you should consider before filing a joint return. Does he have dependents? Does he qualify for EIC? He is allowed to file head of household until you become a resident alien. If he can qualify for EIC because he has dependents, you may want to consider it. If you file a joint return, it will disqualify him from it.

[xor 0]

There are things you should consider before filing a joint return. Does he have dependents? Does he qualify for EIC? He is allowed to file head of household until you become a resident alien. If he can qualify for EIC because he has dependents, you may want to consider it. If you file a joint return, it will disqualify him from it.

Hi,

Thank you for the quick reply.

The only dependent he has is me (wife). We do not have children. I am not familiar with EIC but from what I understand it is for people with low income? (18,000 or less ?) He have not earned 18,000 since he just started working but his annual income is $50k. Since he has not earned $18,000 does it mean he qualifies for EIC?

I am not sure how Head of household work. I thought it is for a single person. We have been living together since July and have no dependents.

We want to file together so he can get back his education credit.

Thank you.

[kokylolo 7]

Hi,

Thank you for the quick reply.

The only dependent he has is me (wife). We do not have children. I am not familiar with EIC but from what I understand it is for people with low income? (18,000 or less ?) He have not earned 18,000 since he just started working but his annual income is $50k. Since he has not earned $18,000 does it mean he qualifies for EIC?

I am not sure how Head of household work. I thought it is for a single person. We have been living together since July and have no dependents.

We want to file together so he can get back his education credit.

Thank you.

You can file head of household if you have a qualifying dependent. You can file Married filing jointly also, but be careful because the fact that you are not a resident may disqualify him from any credits that he may receive if he were to file just Head of household. EIC is for lower income.

Edited January 14, 2012 by kokylolo

[ceadsearc 516]

They don't have a qualifying dependent - a spouse is not a qualifying dependent - so filing HOH is out.

OP, to file a joint married tax return check out these IRS links:

http://www.irs.gov/businesses/small/international/article/0,,id=96467,00.html

http://www.irs.gov/businesses/small/international/article/0,,id=96370,00.html

Alternately your spouse can file as "married filing separately" and include only his information.