Filing taxes after spouse enters US

[mbanner 3]

Hi Everyone, my husband entered the US on March 1, 2014. I thought that after all of this immigration stuff was done, I would not have any more questions, but here I am with another question.

My husband has not received his green card yet but he did get his SSN this weekend and I need to file taxes for this year. What do you think is the best filing status for us to file? Married filing separately or married filing jointly? Does my husband even need to file taxes? He has been here for only a month. He has not worked since entering the US and is looking for a job right now. I currently have a job, so I have income to report. Please advise. Thanks in advance!

07/16/12 Sent I-130

07/20/12 Priority Date

07/25/12 NOA1

01/07/13 Approval of I-130

01/30/13 Receipt of NVC case #, invoice #, DS-3032, and i-864 fee invoice via petitioner's email

02/01/13 Paid i-864 fee

03/16/13 Paid visa application fee

03/18/13 Sent i-864 package

04/03/13 Received RFE for i-864

05/10/13 Case sent back to USCIS for further review

9/17/13 Case sent back to NVC - Back on track!

10/10/13 Sent additional documents for i-864

10/10/13 Filled DS-260 online and mailed required documents

11/29/13 Received email containing notification of interview date

01/30/14 Visa Interview. Approved!

03/01/14 Spouse entered US - Yay!

Edited April 7, 2014 by mbanner

[Birdo 16]

If you were married at any time in 2013 (which is the tax year you're filing your taxes for now), then you must file Married Filing Separate since your husband was not here in 2013.

[nadia&sameer 12]

Hi Everyone, my husband entered the US on March 1, 2014. I thought that after all of this immigration stuff was done, I would not have any more questions, but here I am with another question.

My husband has not received his green card yet but he did get his SSN this weekend and I need to file taxes for this year. What do you think is the best filing status for us to file? Married filing separately or married filing jointly? Does my husband even need to file taxes? He has been here for only a month. He has not worked since entering the US and is looking for a job right now. I currently have a job, so I have income to report. Please advise. Thanks in advance!

07/16/12 Sent I-130

07/20/12 Priority Date

07/25/12 NOA1

01/07/13 Approval of I-130

01/30/13 Receipt of NVC case #, invoice #, DS-3032, and i-864 fee invoice via petitioner's email

02/01/13 Paid i-864 fee

03/16/13 Paid visa application fee

03/18/13 Sent i-864 package

04/03/13 Received RFE for i-864

05/10/13 Case sent back to USCIS for further review

9/17/13 Case sent back to NVC - Back on track!

10/10/13 Sent additional documents for i-864

10/10/13 Filled DS-260 online and mailed required documents

11/29/13 Received email containing notification of interview date

01/30/14 Visa Interview. Approved!

03/01/14 Spouse entered US - Yay!

It looks like you have been married since at least 2012. Without knowing your exact circumstances you'd probably just want to keep filing the same way you did in all the other tax years, but you can do the taxes both ways and see which way is most beneficial to you.

[mbanner 3]

Hi everyone, thank you for your replies. I have been married since 2010. But I filed my taxes for the first time last year, and I filed as single since my husband wasn't here and I didn't have a SSN for him. However, the last time were were together was in the middle of 2011. If this additional info changes your answers, please let me know.

Also, if I file 'married filing separately,' does he need to file taxes as well this year?

Thanks again!

[Birdo 16]

Check out this handy tool from the IRS figure out what status you should file under. Remember you are filing for 2013 taxes. http://www.irs.gov/uac/What-is-My-Filing-Status%3F

[Jo Së 200]

Yould could have filed married the whole time you were married, you didn't have to file single.

You can file married filing separately and take an exemption for your wife if she has no US source income.
You would need to apply for an ITIN on form W7 for your spouse.

[nadia&sameer 12]

Jose & Ellie are correct. You were not single 2012, you were married. I believe you will need to amend your return. Here is another link the may help you. http://americansabroad.org/issues/taxation/us-tax-implications-of-a-non-american-spouse/

[mbanner 3]

Hi folks, thank you so much for your help. First of all, I will amend my tax return from 2012 from 'single' to 'married filing separate' and for this year, I will file as 'married filing separate' because I would have to pay less taxes that way.

Thank you, everyone!

[aaron2020 11,651]

Hi folks, thank you so much for your help. First of all, I will amend my tax return from 2012 from 'single' to 'married filing separate' and for this year, I will file as 'married filing separate' because I would have to pay less taxes that way.

Thank you, everyone!

Hi,

You got it all wrong.

Changing from "single" to "married filing separately" will increase your taxes because you will lose deductions and exemptions and have a compressed tax table which exposes more of your gross income to taxes.

Your husband does not have to file taxes for any years where he was not an LPR. He does not need to file for 2010-2013 when you were married. However, he can volunteer to be a US tax payers for those years and file a joint tax return with you.

Here is why filing your taxes jointly with your husband for 2011-2013 (last three tax years that you have been married) is the smart move. Your husband is from Pakistan where the average annual salary is about $2000 - $4000. If you file jointly with your husband (if he had an average Pakistani salary), you will end up with a lower tax liability than filing as single. You would actually get a tax refund for 2011 and 2012.

Your husband needs a social security number to file taxes. Since he will not have one by April 15, 2014, you have no choice but to file as "married filing separately." After he gets his SSN, you will want to amend your taxes for years 2011, 2012, and 2013. Enjoy your refunds.

Best of luck.

Guy with a graduate tax degree

(To anyone reading this. Please do not PM me with your tax questions. I will not answer them. This disclosure is necessary because I get tons of people asking for free help at this time of year.)

Edited April 11, 2014 by aaron2020

[mbanner 3]

Hi,

You got it all wrong.

Changing from "single" to "married filing separately" will increase your taxes because you will lose deductions and exemptions and have a compressed tax table which exposes more of your gross income to taxes.

Your husband does not have to file taxes for any years where he was not an LPR. He does not need to file for 2010-2013 when you were married. However, he can volunteer to be a US tax payers for those years and file a joint tax return with you.

Here is why filing your taxes jointly with your husband for 2011-2013 (last three tax years that you have been married) is the smart move. Your husband is from Pakistan where the average annual salary is about $2000 - $4000. If you file jointly with your husband (if he had an average Pakistani salary), you will end up with a lower tax liability than filing as single. You would actually get a tax refund for 2011 and 2012.

Your husband needs a social security number to file taxes. Since he will not have one by April 15, 2014, you have no choice but to file as "married filing separately." After he gets his SSN, you will want to amend your taxes for years 2011, 2012, and 2013. Enjoy your refunds.

Best of luck.

Guy with a graduate tax degree

(To anyone reading this. Please do not PM me with your tax questions. I will not answer them. This disclosure is necessary because I get tons of people asking for free help at this time of year.)

Hi there aaron2020, thank you for letting me know about this. I will share this information with my husband, and amend my taxes for the years when we were married. I did not know I could do this... Thank you again for taking the time to answer.

[Curtmonster 0]

I am in a similar situation. I am a US citizen and will be attaching a document to my tax return claiming that I have a two month extension because I reside in a foreign country, and have been here for the entire 2013 tax year teaching English. I married my wife in April 2013 and will be filing separately. My wife doesn't have an ITIN or SSN. Our visa case is at the NVC. My questions are:

1. Do I file a request for an ITIN while our case is at the NVC
2. Is it even possible to file her taxes without and ITIN/SSN? If so what forms do I use to report her income?
3. What tax forms should I be using for my own taxes? (1040 and 2555ez?) And my wife's?
4. Should I just file my own taxes and when she receives her SSN amend our taxes?

Any answers to these questions would be extremely helpful.

[phd1974 17]

From my readings on ITIN number, an ITIN is usually given to a nonresident alien (which your wife is) where they are not eligible for a SSN (wont be eligible until you get the VISA to come over here and apply for adjustment of status) and is required to file a U.S. tax return only to claim a refund of tax under the provisions of a U.S. tax treaty, So I do not see where your wife would get or need an ITIN. If the government does not require her to have a ITIN, then she doesn't need to have one: http://www.irs.gov/Individuals/General-ITIN-Information

You can not file taxes without a SSN, ITIN, or EIN.

The answer to your other questions, I do not know.

If all else fails, you can definitely consult a tax advisor online or locally.