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Filed: IR-1/CR-1 Visa Country: India
Timeline
Posted

Hello everyone,

I am new to this country, my husband is a US Citizen. We were married in 2012 and finally after all immigration process I joined him in Dec 2012. Due to some misunderstandings we are both living separate from last month. Last month he has served me with the divorce papers. Now my question is does he has to fill the tax return forms as married filing jointly or married filing separately?

He didn't send me the tax return papers to sign as a spousal dependent. I don't know how he has filed the tax return forms 2012?. Can any of them explain me properly? please any help is greatly appreciated.

Thanks.

Filed: Citizen (apr) Country: Argentina
Timeline
Posted (edited)

If you were married on Dec 31 2012, he needs to file the 2012 tax return as "married filing jointly" (MFJ) or "married filing separately" (MFS). It's his choice. If he files jointly (MFJ), he will need your signature. If he files separately (MFS), then you may need to submit a tax return too (filing as MFS). I am unsure of the tax rules, but if you didn't earn money in 2012, or earned very little (unsure of the threshold) you may not have to submit a tax return, although for immigration purposes, it may be better if you submit a tax return with zero income.

I know you came in December 2012, the rules are complicated about declaring foreign (worldwide) income. You may not have to declare it, since you became resident in Dec 2012, but I don't know. I would recommend seeking professional advice.

Good luck.

Edited by atm
Filed: Citizen (apr) Country: Indonesia
Timeline
Posted

I know you came in December 2012, the rules are complicated about declaring foreign (worldwide) income. You may not have to declare it, since you became resident in Dec 2012, but I don't know. I would recommend seeking professional advice.

Good luck.

My wife came in November of 2012, we filed Foreign Earned Income Exclusion (Form 2555) with our tax return. The threshold for 2012 is $95,100 per tax payer. We filed form G-325A for our AOS and so we have to disclose income earned outside the US.

 
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