F-1 visa, 2013 Tax questions--Marriage AOS filed.

[Vedic 0]

Hello,

I am filing my after marriage AOS in a week. I am on a student visa right now. And I have been working for more than two years on OPT. And my opt extension (STEM) is expiring next month, but I should be fine as I will be getting my EAD through my greencard pretty soon. I married my wife last year in Dec 2013. But I was still on student (F-1) visa at that time, still on.

So should I file my 2013 tax as individually or together? I heard if I file it together then it supports my greencard case/interview and looks good plus we save some money. But technically I was still on F-1 visa until Dec 2013 so doesnt that mean I should be filing it separately? Will that cause any issues with IRS/INS if me and my wife (who is a US citizen) should file our tax together?

Please shed some light up on this..

Thank you very much..

Vedic

[CarlosAndSveta 808]

Your filing status is determined by what your marital status is at the end of the year. Since you were still married at the end of 2013 then you are considered married for tax purposes for 2013. You could file as Married Filing Separately but it is usually better to file Married Filing Jointly since it usually results in the lowest tax liability. F-1 visa status usually means that you are treated as a non-resident alien for tax purposes. You and your spouse should make the election to treat you as a Resident Alien for tax purposes for 2013 when you file your joint tax return.