2012 filing tax with my wife waiting AOS

[boynix 0]

Hi VJers,

My wife came to the states in May of 2012 on a K-1 visa and we got legally married here shortly after. We filed for AOS (patiently waiting for approval) around August of 2012 and she received her EAD and SS#. In 2012, she had no income back in her country and she did not work here the states.

I will be filing my taxes for year 2012 soon. Can someone confirm that I should be able to "married file jointly" although she had no income. ? Are there any special forms or procedures I need to worry about?

I saw some old threads like this - http://www.visajourney.com/forums/topic/240722-2009-tax-return-filing-jointly-wife-k1-doing-aos/ and http://www.visajourney.com/forums/topic/235947-filing-2009-us-taxes/ and wanted to make sure nothing has changed since.

Thanks in advance.

[X Factor 1,112]

Absolute you can file married jointly even if one of you have no income. In fact since she has no income your return would be simple since there would be no need to account for her foreign income.

[Charles C 0]

Absolute you can file married jointly even if one of you have no income. In fact since she has no income your return would be simple since there would be no need to account for her foreign income.

Is it a good idea to file this way? It seems like the 1040 would be good evidence of a relationship later on during the adjustment process. Are there any special instructions for my tax prep person?

Carlos

[Nich-Nick 3,354]

Hi VJers,

My wife came to the states in May of 2012 on a K-1 visa and we got legally married here shortly after. We filed for AOS (patiently waiting for approval) around August of 2012 and she received her EAD and SS#. In 2012, she had no income back in her country and she did not work here the states.

I will be filing my taxes for year 2012 soon. Can someone confirm that I should be able to "married file jointly" although she had no income. ? Are there any special forms or procedures I need to worry about?

I saw some old threads like this - http://www.visajourney.com/forums/topic/240722-2009-tax-return-filing-jointly-wife-k1-doing-aos/ and http://www.visajourney.com/forums/topic/235947-filing-2009-us-taxes/ and wanted to make sure nothing has changed since.

Thanks in advance.

Here's the 2012 thread for doing your own taxes with TurboTax. http://www.visajourney.com/forums/topic/412125-turbotax-help-for-joint-filing-2012/page__st__15__p__5989989__hl__turbotax__fromsearch__1#entry5989989

You will only need to do the statement electing for her to be treated as a resident alien for tax purposes. There is a sample of the statement in the first post. She had no foreign income so no need to do the foreign income exclusion part.

Is it a good idea to file this way? It seems like the 1040 would be good evidence of a relationship later on during the adjustment process. Are there any special instructions for my tax prep person?

Carlos

It's a good idea for immigration purposes but it's also a good idea for lowering your taxes. Your other option is Married Filing Separately and will cost you more taxwise. Your tax prep guy should know the rules from Publication 519. If your wife worked, her foreign income must be included if you file jointly. She needs a SSN or itin to file jointly.

Edited March 5, 2013 by Nich-Nick

[Nich-Nick 3,354]

Sorry, that link went to the last post. Here's the beginning of the thread http://www.visajourney.com/forums/topic/412125-turbotax-help-for-joint-filing-2012

[X Factor 1,112]

Is it a good idea to file this way? It seems like the 1040 would be good evidence of a relationship later on during the adjustment process. Are there any special instructions for my tax prep person?

Carlos

Absolutely married filing joint shows that the two of you have made a life together.