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Posted

This is a really interesting question, when you make an election for a joint return, is that specifically "married filing jointly"? What about "married filing separately"? If "married filing separately" does not have any FICA implications, then this may resolve the issue, since USCIS will accept married filing separately.

Filed: Timeline
Posted

This is a really interesting question, when you make an election for a joint return, is that specifically "married filing jointly"? What about "married filing separately"? If "married filing separately" does not have any FICA implications, then this may resolve the issue, since USCIS will accept married filing separately.

The best reason to file jointly is if one spouse is making much more than the other, the total tax paid may be less. However, if both spouses are making similar incomes, then it doesn't make much difference. It may be that she has to pay the FICA and Medicare either way, for the income she earned as a Resident Alien, once her status changed, or if she elects to be treated as a Resident Alien for the entire tax year.

Go ahead and figure the returns both ways, and file the better deal.

Posted

Ok, after calling the IRS and numerous tax people, we have come to the conclusion that she WOULD be responsible for those taxes, bummer, thats like 3000.

The reason we were thinking about this is because we had our interview a few weeks ago, and the IO was really nice, believed we had a real marriage, but wanted some more evidence to include in the package he sends to DC...Has this happend to other and how did it turn out.

We gathered more things, like proof of joint account, letters from family, more bills with our names, and another lease.

I think that should be enough. Is having a joint return really that important?

 
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