want to file tax together but need help?

[aamirpearl 47]

Still waiting for greencard, and we want to file jointly but i need information on how to do this ? We talked with someone from the tax office but thier kinda not sure. Can someone point me in the right direction on how to do this or find me information i was searching but still lost.. Thanks

[novedsac 355]

The instructions for IRS form 1040 contain everything you need … don't let the length of the instructions daunt you … they are easy to understand if you take it one step at a time. The instructions will define what is meant by resident/nonresident alien, dependent, exemption, etc. Keep in mind that IRS definitions, for tax purposes, do not always agree with USCIS definitions.

For a joint return, both spouses will need a SSN or tax identification number. If only one spouse has a SSN and the other spouse's SSN likely won't be available until after April 15, 2014 (deadline for filing US federal tax return), then the spouse with the SSN should file for an extension (Form 4868) which will provide an automatic six month extension of the filing deadline, giving you more than enough time for the SSN to come in and file the appropriate joint return. Keep in mind that the extension is ONLY for filing the tax return … 90% of the tax liability MUST be paid by April 15, 2014 in order to avoid penalties and interest which begin to accrue on April 16, 2014.

[aamirpearl 47]

The instructions for IRS form 1040 contain everything you need … don't let the length of the instructions daunt you … they are easy to understand if you take it one step at a time. The instructions will define what is meant by resident/nonresident alien, dependent, exemption, etc. Keep in mind that IRS definitions, for tax purposes, do not always agree with USCIS definitions.

For a joint return, both spouses will need a SSN or tax identification number. If only one spouse has a SSN and the other spouse's SSN likely won't be available until after April 15, 2014 (deadline for filing US federal tax return), then the spouse with the SSN should file for an extension (Form 4868) which will provide an automatic six month extension of the filing deadline, giving you more than enough time for the SSN to come in and file the appropriate joint return. Keep in mind that the extension is ONLY for filing the tax return … 90% of the tax liability MUST be paid by April 15, 2014 in order to avoid penalties and interest which begin to accrue on April 16, 2014.

Thanks for the info and what about if i choose to file as married but separatly is it going to be a problem because this whole thing is confusing me..

Edited February 13, 2014 by @@mirpeArL

[Pitaya 2,577]

You can file Married Filing Separately (MFS), however most couples quickly realize that Married Filing Jointly (MFJ) is usually the way to go. MFJ will usually result in a smaller federal income tax due and a resultant larger tax refund.

http://www.irs.gov/uac/Form-1040,-U.S.-Individual-Income-Tax-Return

YMMV, good luck.

[Nich-Nick 3,354]

Still waiting for greencard, and we want to file jointly but i need information on how to do this ? We talked with someone from the tax office but thier kinda not sure. Can someone point me in the right direction on how to do this or find me information i was searching but still lost.. Thanks

If you do not have a greencard yet, the IRS will allow the foreign spouse to be treated as a resident alien for tax purposes for the entire year by electing to be treated that way. It is a perk allowed to those who married US citizens. . I go by this from the IRS:

First Year of Residency

If you are a U.S. resident for the calendar year, but you were not a U.S. resident at any time during the preceding calendar year, you are a U.S. resident only for the part of the calendar year that begins on the residency starting date. You are a nonresident alien for the part of the year before that date.

Reference: IRS Publication 519, Chapter 1

I think its easier for most here to be a resident alien for the entire year, rather than a dual status alien. When you make the election, then worldwide income must be reported, meaning any money the foreign spouse earned abroad. Most will qualify for the foreign income exclusion, so dont panic and think you are going to pay taxes twice. If you file a joint return, you do declare worldwide income. If you dont want to do that, then the USC does married filing separately and the non-greencard holder new spouse who earned no US income files nothing.

Form 2555 let's you exclude the foreign income. Form 2555EZ is a shorter, easier version of the same thing.

Here's an example of a statement you both will sign and date:

Statement: Nonresident Spouse Treated as a Resident

We declare that on the last day of tax year 2013:

Mary Jo Smith is a U.S. citizen

Sam John Smith is a nonresident alien

Mary Jo Smith and Sam John Smith are married.

We choose to be treated as U.S. residents for the entire tax year.

___[sign here]_______________________________ 2/4/2014

Mary Jo Smith SSN: 123-45-6789

410 Happy St.

Jackson, WY 83001

___[sign here]_______________________________ 2/4/2014

Sam John Smith SSN: 987-65-4321

410 Happy St.

Jackson, WY 83001

- - - - - - - - - - - -

[KayDeeCee 4,893]

~ Moved from AOS from Family Based Visas to General Immigration-Related Discussion - topic not about AOS process ~

[aamirpearl 47]

If you do not have a greencard yet, the IRS will allow the foreign spouse to be treated as a resident alien for tax purposes for the entire year by electing to be treated that way. It is a perk allowed to those who married US citizens. . I go by this from the IRS:

First Year of Residency

If you are a U.S. resident for the calendar year, but you were not a U.S. resident at any time during the preceding calendar year, you are a U.S. resident only for the part of the calendar year that begins on the residency starting date. You are a nonresident alien for the part of the year before that date.

Reference: IRS Publication 519, Chapter 1

I think its easier for most here to be a resident alien for the entire year, rather than a dual status alien. When you make the election, then worldwide income must be reported, meaning any money the foreign spouse earned abroad. Most will qualify for the foreign income exclusion, so dont panic and think you are going to pay taxes twice. If you file a joint return, you do declare worldwide income. If you dont want to do that, then the USC does married filing separately and the non-greencard holder new spouse who earned no US income files nothing.

Form 2555 let's you exclude the foreign income. Form 2555EZ is a shorter, easier version of the same thing.

Here's an example of a statement you both will sign and date:

Statement: Nonresident Spouse Treated as a Resident

We declare that on the last day of tax year 2013:

Mary Jo Smith is a U.S. citizen

Sam John Smith is a nonresident alien

Mary Jo Smith and Sam John Smith are married.

We choose to be treated as U.S. residents for the entire tax year.

___[sign here]_______________________________ 2/4/2014

Mary Jo Smith SSN: 123-45-6789

410 Happy St.

Jackson, WY 83001

___[sign here]_______________________________ 2/4/2014

Sam John Smith SSN: 987-65-4321

410 Happy St.

Jackson, WY 83001

- - - - - - - - - - - -

awww thanks for the example i needed this ..

[Lynkali 163]

Following up on the non-resident alien part -- I believe that's the category we'll want to use as well for my husband, who arrived here on K-1 in September 2013, but just now (February 2014) received his green card. But is there any drawback in doing that for REMOVAL OF CONDITIONS proof? We're still filing jointly, right, so it still counts as proof when the ROC time rolls around? Just because he was non-resident alien for tax purposes won't be seen as a negative for ROC?

[milimelo 4,481]

Following up on the non-resident alien part -- I believe that's the category we'll want to use as well for my husband, who arrived here on K-1 in September 2013, but just now (February 2014) received his green card. But is there any drawback in doing that for REMOVAL OF CONDITIONS proof? We're still filing jointly, right, so it still counts as proof when the ROC time rolls around? Just because he was non-resident alien for tax purposes won't be seen as a negative for ROC?

As you were married in 2013, file as MFJ - good for you and for ROC proof. You'll declare him resident alien for tax purposes though to file together.

[Nich-Nick 3,354]

Following up on the non-resident alien part -- I believe that's the category we'll want to use as well for my husband, who arrived here on K-1 in September 2013, but just now (February 2014) received his green card. But is there any drawback in doing that for REMOVAL OF CONDITIONS proof? We're still filing jointly, right, so it still counts as proof when the ROC time rolls around? Just because he was non-resident alien for tax purposes won't be seen as a negative for ROC?

I am a little confused by what you are asking. If in 2013 your husband was a non-resident alien, then you can not file jointly. You said "We're still filing jointly, right, ...". No you aren't. A non-resident can't file jointly with their US citizen partner.

But if you request that he be treated as a resident alien by both signing the statement, then you may file jointly.

Do your taxes in the way that saves you the most money, not in the way you think will please USCIS.

Either way, Separate or Joint, the person filing states they are married and lists the spouse's name. Either way can be proof for ROC that you are married.

[Lynkali 163]

I am a little confused by what you are asking. If in 2013 your husband was a non-resident alien, then you can not file jointly. You said "We're still filing jointly, right, ...". No you aren't. A non-resident can't file jointly with their US citizen partner.

But if you request that he be treated as a resident alien by both signing the statement, then you may file jointly.

Do your taxes in the way that saves you the most money, not in the way you think will please USCIS.

Either way, Separate or Joint, the person filing states they are married and lists the spouse's name. Either way can be proof for ROC that you are married.

Okay, yes, I completely messed up by including the "non". I think that was just a slip on my part, since I was understanding everything else (filing with the letter saying we elect to be treated as residents, and reporting his foreign income and hoping it falls under the exclusion) which went hand-in-hand with being RESIDENT alien. So yeah, I guess I just had a total brain failure there.

Thank you both for setting me straight!