Tax returns

[Mariafaith 0]

Hi,

Here is our situation: I'm a US citizen married to a UK citizen for 2.5 years, during which time we have lived in the UK. I've just returned to the US, and my husband is following shortly when he receives his Green Card. [Edit: we applied through the London Embassy in December 2011, I-130 approved a couple of weeks ago, have just sent in the DS-230 & DS-2001, and medical is booked for next week.]

In getting our documents in order for the interview, I realized that I'm supposed to have been filing tax returns these last couple of years. D'oh. FYI my dad is going to be the joint sponsor as I don't make enough to sponsor my husband.

The tax preparation lady here at H&R Block is suggesting that I file my US tax return jointly with my husband (even though he's never lived in the US or earned money here) so that our marriage appears more legit. It's going to involve a whole lot of extra paperwork if we do it that way, and I just wanted to ask if anyone has any opinions on this? Does it really matter if I file separately or jointly, in terms of hubby getting his Green Card? It's going to be my Dad's income that counts towards sponsorship either way.

Many thanks in advance!

Maria

Edited April 20, 2012 by Mariafaith

[leith@Ievgeniia 8]

first do u fall under the out of country work exemption on income for that time? next if you was married and he had a cc number for that whole time you can file like that, but if he did not have a ss number for the whole time then you would not do it for the years he did not have a ss number. but see if you qualify for the tax exemption for out of country work. it can save you huge amount in taxes and penlites

[Mariafaith 0]

first do u fall under the out of country work exemption on income for that time? next if you was married and he had a cc number for that whole time you can file like that, but if he did not have a ss number for the whole time then you would not do it for the years he did not have a ss number. but see if you qualify for the tax exemption for out of country work. it can save you huge amount in taxes and penlites

Yes, I'm pretty sure I am exempt to any additional taxes/penalties because my income was so low (not more than $7000/year). And no, my husband does not have a SSN. I'm thinking that filing separately will be fine?

[Nich-Nick 3,354]

Yes, I'm pretty sure I am exempt to any additional taxes/penalties because my income was so low (not more than $7000/year). And no, my husband does not have a SSN. I'm thinking that filing separately will be fine?

Filing with the status Married Filing Separately is fine. His name will go on the return because it asks that. With married filing jointly you have to include your husband's UK income on your US return and get him an itin number. Not worth it in your case with such low income and not even earned in the US. For any USCIS purposes (including naturalization) they will see you were married and to him.

[Mariafaith 0]

Filing with the status Married Filing Separately is fine. His name will go on the return because it asks that. With married filing jointly you have to include your husband's UK income on your US return and get him an itin number. Not worth it in your case with such low income and not even earned in the US. For any USCIS purposes (including naturalization) they will see you were married and to him.

Thanks so much, that's exactly what I needed to know! You're a star!