Can we file Married Filing Jointly?

[leonidas_alexan 45]

Dear Members,

Here is my background and the question.

I arrived in the US last year (2013) on K1 Visa on 30th of April. Married my wife in the month of May. Did not do any job for the whole year. I was a student when I was in New Zeland.

While I was in the US got some amount as tax refund from New Zealand.

I got my green card in the last week of December, 2013.

Can I file Married Filing Jointly with my wife now? Is it a straight-forward case or are there any other conditions that we need to comply with.

I would really appreciate any helpful insights and information.

Thank You.

[Harpa Timsah 13,258]

Yes, you can.

[KayDeeCee 4,895]

Yes, you can.

[NickD 203]

With the USCIS can either file jointly or separately as married, depending on where you can get the minimum taxes. But for your interview would have to show both returns if filed separately.

Like calculating our returns both ways, so far filing jointly wins out for paying the least amount of taxes. In particular when doing both federal and state income taxes, we are stuck with state as well. Can't even deduct our huge property tax bill if filing separately nor tuition costs.

If married, you don't dare file head of household, good way to get into deep trouble both the IRS and the USCIS. Also if married don't dare file as single.

[CarlosAndSveta 808]

Dear Members,

Here is my background and the question.

I arrived in the US last year (2013) on K1 Visa on 30th of April. Married my wife in the month of May. Did not do any job for the whole year. I was a student when I was in New Zeland.

While I was in the US got some amount as tax refund from New Zealand.

I got my green card in the last week of December, 2013.

Can I file Married Filing Jointly with my wife now? Is it a straight-forward case or are there any other conditions that we need to comply with.

I would really appreciate any helpful insights and information.

Thank You.

Yes, you can file as Married Filing Jointly with your wife. The only thing you have to do is attach a statement to the return stating that you elect to be treated as a resident alien for tax purposes for the whole year. See page 8 of IRS Publication 519, U.S. Tax Guide for Aliens. The section titled "Choosing Resident Alien Status" tells what you need to put in your statement. Here is a link to the publication:

http://www.irs.gov/pub/irs-pdf/p519.pdf

[Darnell 8,479]

With the USCIS can either file jointly or separately as married, depending on where you can get the minimum taxes. But for your interview would have to show both returns if filed separately.

Like calculating our returns both ways, so far filing jointly wins out for paying the least amount of taxes. In particular when doing both federal and state income taxes, we are stuck with state as well. Can't even deduct our huge property tax bill if filing separately nor tuition costs.

If married, you don't dare file head of household, good way to get into deep trouble both the IRS and the USCIS. Also if married don't dare file as single.

OP has a green card , it's sweet, I tell ya, SWEET !

[leonidas_alexan 45]

Thank you very much for the information.

Yes, you can.

With the USCIS can either file jointly or separately as married, depending on where you can get the minimum taxes. But for your interview would have to show both returns if filed separately.

Like calculating our returns both ways, so far filing jointly wins out for paying the least amount of taxes. In particular when doing both federal and state income taxes, we are stuck with state as well. Can't even deduct our huge property tax bill if filing separately nor tuition costs.

If married, you don't dare file head of household, good way to get into deep trouble both the IRS and the USCIS. Also if married don't dare file as single.

Thank you very much for the assistance.

[leonidas_alexan 45]

Yes, you can file as Married Filing Jointly with your wife. The only thing you have to do is attach a statement to the return stating that you elect to be treated as a resident alien for tax purposes for the whole year. See page 8 of IRS Publication 519, U.S. Tax Guide for Aliens. The section titled "Choosing Resident Alien Status" tells what you need to put in your statement. Here is a link to the publication:

http://www.irs.gov/pub/irs-pdf/p519.pdf

Thank you very much for the link provided.

I am slightly confused about my interpretation. I have 2 scenario's in my mind. Please do correct me where I went wrong.

SCENARIO 1) From what I read in the document, although I am a resident alien for the year 2013 (since I got my green card in December 2013 and thus fulfilled the 'green card test')-- I am actually a 'DUAL STATUS ALIEN'. And I can attach a statement to the return stating that I want to elect to be a resident alien for tax purposes for the whole year and file Married Filing Jointly with my wife who has the substantial income for the year.

SCENARIO 2) Since I received my green card in 2013- by definition I am a resident alien and I can electronically file Married Filing Jointly with my wife. There is no need to attach any statement.

I am stuck between the above 2 scenario's and unsure of which scenario applies to me.

I would be grateful for any clarification on this. Thanks.

Also if I do indeed have to attach a statement to the return, does it mean that I cannot file the return electronically?

Edited February 2, 2014 by leonidas_alexan

[CarlosAndSveta 808]

Thank you very much for the link provided.

I am slightly confused about my interpretation. I have 2 scenario's in my mind. Please do correct me where I went wrong.

SCENARIO 1) From what I read in the document, although I am a resident alien for the year 2013 (since I got my green card in December 2013 and thus fulfilled the 'green card test')-- I am actually a 'DUAL STATUS ALIEN'. And I can attach a statement to the return stating that I want to elect to be a resident alien for tax purposes for the whole year and file Married Filing Jointly with my wife who has the substantial income for the year.

SCENARIO 2) Since I received my green card in 2013- by definition I am a resident alien and I can electronically file Married Filing Jointly with my wife. There is no need to attach any statement.

I am stuck between the above 2 scenario's and unsure of which scenario applies to me.

I would be grateful for any clarification on this. Thanks.

Also if I do indeed have to attach a statement to the return, does it mean that I cannot file the return electronically?

Your situation is the same as in Scenario 1 which means you must make the election to treat yourself as a Resident Alien for the whole year. This will preclude you from filing your return electronically.