Is our foreign marriage considered "legal" and "official" here in the USA?

[raian 2]

I'm asking because I am filling out a form W-4 for a new job that I just got. Someone told me that I should file as "Single" because there is no official document stating that my marriage is "official" in the USA.

For my 2011 Income Tax Return, I filed "Married filing separately"

[Harsh_77 718]

I'm asking because I am filling out a form W-4 for a new job that I just got. Someone told me that I should file as "Single" because there is no official document stating that my marriage is "official" in the USA.

For my 2011 Income Tax Return, I filed "Married filing separately"

you got wrong information, you are married.

If you were not married or your marriage was not considered legal how would you be filing CR1?

[JohnR! 5,495]

I'm asking because I am filling out a form W-4 for a new job that I just got. Someone told me that I should file as "Single" because there is no official document stating that my marriage is "official" in the USA.

For my 2011 Income Tax Return, I filed "Married filing separately"

Consider that at some point during the CR-1 process you will need to sign an Affidavit of Support. There are instances in which the affidavit should be accompanied by your pay stubs and/or by your last three tax returns. It would behoove you to change your status to 'married' and get that straightened out from the onset.

[Brian121957 43]

I have never heard of anyone getting in trouble for incorrectly filling out their W-4 as long as you insure that enough income tax is withheld by the end of the year.

But you should likely mark it as Married but you may what to also check the withhold tax at the single higher rate.

[Brian121957 43]

For my 2011 Income Tax Return, I filed "Married filing separately"

I would have thought that the better tax savings would have been to file jointly.

What brought you to the decision to file separately?

Did you fill out the tax forms both ways (married joint and married separate) to see the tax differences?

[Ryan H 3,812]

The answer to your topic title is one big YES.

Someone told me that I should file as "Single" because there is no official document stating that my marriage is "official" in the USA.

Whoever this someone is gave you incorrect information. A valid marriage overseas is valid in the US as long as it is in accordance with applicable law (i.e. no multiple spouses).

[grrrrreat 109]

A valid marriage overseas is valid in the US as long as it is in accordance with applicable law (i.e. no multiple spouses).

And between different-sex spouses, at least for now.

[raian 2]

I would have thought that the better tax savings would have been to file jointly.

What brought you to the decision to file separately?

Did you fill out the tax forms both ways (married joint and married separate) to see the tax differences?

I made the decision based on what other VJers have posted here and a couple of articles. sorry i don't have the sources handy.

I agree with you all and thank you all for your replies

[trojam227 18]

I just want to comment on the W4 in general..

You can fill it out however you want. It's what you actually claim on tax return at the end of the year that matters. The W4 is just to figure out witholdings from your wages, but it's ultimately up to you to decide how much you want employer to withold.

I always claim Single-0 having the Max. witheld (but I am married with 3 dependents in reality). I don't like to owe the IRS..or NY for that matter.

[raian 2]

I just want to comment on the W4 in general..

You can fill it out however you want. It's what you actually claim on tax return at the end of the year that matters. The W4 is just to figure out witholdings from your wages, but it's ultimately up to you to decide how much you want employer to withold.

I always claim Single-0 having the Max. witheld (but I am married with 3 dependents in reality). I don't like to owe the IRS..or NY for that matter.

I claimed "Single" and for the very same reasons you just gave. Thanks

[GoingCrazy2012 16]

I'm asking because I am filling out a form W-4 for a new job that I just got. Someone told me that I should file as "Single" because there is no official document stating that my marriage is "official" in the USA.

For my 2011 Income Tax Return, I filed "Married filing separately"

For IRS purposes all they care is that you provide a SOCIAL SECURITY NUMBER for your wife which you obviously don't have yet. Your foreign marriage is valid in the US of course but for US Tax purposes filing as "Married but separately" is correct.

And for everyone else advising about taxes get your facts straight before you start posting non-sense that you don't even have a clue about. i.e. You can start by reading the Internal Revenue Code

[jaycali 415]

For IRS purposes all they care is that you provide a SOCIAL SECURITY NUMBER for your wife which you obviously don't have yet. Your foreign marriage is valid in the US of course but for US Tax purposes filing as "Married but separately" is correct.And for everyone else advising about taxes get your facts straight before you start posting non-sense that you don't even have a clue about. i.e. You can start by reading the Internal Revenue Code

Hmm, we did married filing jointly.. Was this a mistake? I'm the beneficiary and we're still waiting on NOA2.

I'm not in the US now, but I do have a SSN though and I worked in the US last year (Had EAD card).

[Kehinde 45]

I wonder cos I have been filing as head of household cos my husband does not have a social security card and has never been here. I was told that i can't file him as a dependent of mine cos he did not live with me during the year. You lost a lot of money by filing "married filing separate. I hope this will not be a problem when he goes for his interview, cos all my w-2 forms have my maiden name.

[RobbyUSA 26]

it may be legal but the US gov certainly gives your foriegn spouse very little right here in the US. IN FACT, your spouse is less likely to make it through customs!

some day I bet someone will snap and it will be all over the news..... not me though! I can wait.

[Adriene H 89]

I wonder cos I have been filing as head of household cos my husband does not have a social security card and has never been here. I was told that i can't file him as a dependent of mine cos he did not live with me during the year. You lost a lot of money by filing "married filing separate. I hope this will not be a problem when he goes for his interview, cos all my w-2 forms have my maiden name.

I believe I heard once that one can't claim their spouse as a dependent.

It's two completely different things or something. I could be wrong.