US tax question - can you do "married filing jointly"?

[Loida and Ed 11]

Adding a twist to this... I understand the K1 fiance, get married, file as married kind of thing.. But what about if theirs children involved ? Can you claim them as well if they also get ssan's ? head of Household ? Anyone have any experience in this add-on to the initial question

Thanks in advance

[Darnell 8,478]

it's my understanding that they can be claimed.

Life is easier when they have SSNs, of course, but

usually cannot get a SSN for the child without first filing for an EAD (prior to green card issuance)

some people will file without the children, if a timing issue, then file a 1040X, amended return, once the children have the SSN.

K-2s not qualify 'as is', just being a K-2 holder, to get a SSN, must have EAD or GreenCard in hand first.

So, pay attention to time and timing on stuff, aye?

Here's my favorite twist -

since it's the first tax year of actually USING the SSN, is not possible to file MFJ electronically, must to do paper return. IRS will find her the next year, of course.

Edited September 8, 2012 by Darnell

[Tintin and Mike 127]

Quick question please? Fiance is scheduled for interview in Manila on Oct 25. We're shooting for Nov 9 or Nov 19 flight date to LAX. Thinking of driving up to Vegas for a Thanksgiving civil wedding. If all our plans will fall into place, we'll get Marriage Certificate, go to SSA to apply for his and change my last name. After all of that, we'll still have a good 3-4 weeks prior to the year ending. Could I change my W4 and put him as my dependent, I'm currently Single-0? Then come next year, do we file jointly even I will only have him for a short time for 2012? Thanks, appreciate all response.

[Jim-Michelle 5]

Adding a twist to this... I understand the K1 fiance, get married, file as married kind of thing.. But what about if theirs children involved ? Can you claim them as well if they also get ssan's ? head of Household ? Anyone have any experience in this add-on to the initial question

Thanks in advance

I believe claiming children would follow the usual rules for dependents. To be able to claim someone as a dependent, you have to provide some percentage (I'm thinking it's half) of their financial care for the year. There may also be a residency requirement (not in the country, in your household) and a relationship requirement as well. I don't think Head of Household would be appropriate as it is aimed at single parents (you'll file as Married Filing Jointly or Married Filing Separately). It wouldn't be a bad idea to get in touch with a tax planner. They'll have the correct information to save you as much as legally possible.

[Jim-Michelle 5]

Quick question please? Fiance is scheduled for interview in Manila on Oct 25. We're shooting for Nov 9 or Nov 19 flight date to LAX. Thinking of driving up to Vegas for a Thanksgiving civil wedding. If all our plans will fall into place, we'll get Marriage Certificate, go to SSA to apply for his and change my last name. After all of that, we'll still have a good 3-4 weeks prior to the year ending. Could I change my W4 and put him as my dependent, I'm currently Single-0? Then come next year, do we file jointly even I will only have him for a short time for 2012? Thanks, appreciate all response.

Changing your W-4 will only have an effect on future witholding. You'll want to do it as soon as possible, but it's nothing to worry about. Unless things have changed, your filing status is determined on the last day of the year. If you're married by (or on) December 31, you qualify as married for the entire year for tax purposes. So, you can file jointly or separately...whichever is the most advantageous to you.

[Loida and Ed 11]

Hi Thanks...

I started reading the IRS website and I think your correct by the way things are written... Ohhh well.. would have been a nice kick back this year if it were to have worked out in my favor

Ed & Loida

I believe claiming children would follow the usual rules for dependents. To be able to claim someone as a dependent, you have to provide some percentage (I'm thinking it's half) of their financial care for the year. There may also be a residency requirement (not in the country, in your household) and a relationship requirement as well. I don't think Head of Household would be appropriate as it is aimed at single parents (you'll file as Married Filing Jointly or Married Filing Separately). It wouldn't be a bad idea to get in touch with a tax planner. They'll have the correct information to save you as much as legally possible.