W-4 Form

[kiaradv 2]

Hi VJ Family. How is everyone doing?

I have a question to ask. Let me explain.

So I got married this year and my husband is still overseas. I am going to start the process of CR-1. Now, I am back to the USA and working. On my W-4 Form, I am filing Married but when I do my taxes, do I file Married, separately filing or Married, jointly?

And on my W-4 form, do I continue claiming only 1 or does the IRS recognize that I am supporting my husband abroad? How does it work?

Can anyone give me any FYI about this topic because I am so lost...before I call IRS myself and ask them.

Thank you in advance to anyone who responded.

[ANGUESSAN 10]

i claimed my spouse on my W4 and i plan to file married filing separate because if you file jointly he has to be here to sign the paperwork. so unless u know that he will be here to do that the best option is married filing separate. but i am interested in hearing the opinion and experience of others

[Ian H. 207]

If you have a qualifying dependent child you can file as head of household. If not, you can also file as married filing separately. Filing jointly requires that you both declare your worldwide income to the IRS. And I think he would also need an ITIN. It's much more complicated this way so either file HoH or MFS.

Being married to a nonresident alien can create a very confusing tax situation and you want to make sure that you file your taxes correctly. Also filing MFS or HoH in no way indicates that you are not together or cause any red flags. The IRS is a completely separate bureaucracy with their own rules.

Please read this publication carefully since it contains good info. Also I wouldn't trust those cheap tax filing places for advise since they don't know what they're talking about 75% of the time. Here is some info about nonresident spouses:

http://www.irs.gov/publications/p519/index.html

[kiaradv 2]

Thank you both for your answers.

Now, for Ian H., I am sorry but what does MFS or HoH mean? I am trying my best to get taxes done correctly and filing forms correctly.

Thanks in advance!!!

If you have a qualifying dependent child you can file as head of household. If not, you can also file as married filing separately. Filing jointly requires that you both declare your worldwide income to the IRS. And I think he would also need an ITIN. It's much more complicated this way so either file HoH or MFS.

Being married to a nonresident alien can create a very confusing tax situation and you want to make sure that you file your taxes correctly. Also filing MFS or HoH in no way indicates that you are not together or cause any red flags. The IRS is a completely separate bureaucracy with their own rules.

Please read this publication carefully since it contains good info. Also I wouldn't trust those cheap tax filing places for advise since they don't know what they're talking about 75% of the time. Here is some info about nonresident spouses:

http://www.irs.gov/publications/p519/index.html

[DarkKiss 45]

Thank you both for your answers.

Now, for Ian H., I am sorry but what does MFS or HoH mean? I am trying my best to get taxes done correctly and filing forms correctly.

Thanks in advance!!!

MFS = Married Filing Separate from your Spouse

HoH = Head of Household ( must have a qualifying dependen and since your spouse has no tax I'd number issued by the IRS) this category would not be appropriate for you unless you have another dependent such as a child)

In my opinion I would file at the single rate and once your spouse is here and has SsN or Tax I'd do a 1040x and amend the taxes for that year. Play it safe

[Ian H. 207]

I wouldn't file as Single, that would be considered lying to the IRS, a very bad idea. If you are legally married, you cannot file as single. Even if you later amend your return, you shouldn't do it in the first place knowing that you aren't allowed to file as single.

The only status where one can be "considered" unmarried for tax purposes while still legally married, is head of household. To file as head of household usually you have to be single (never married, divorced, widowed, legally separated) or "considered" unmarried by IRS definition. The IRS makes an exception for people who are otherwise legally married, but not living with their spouse as in the case of alien spouses.

Therefore, if you don't have a qualifying dependent child ( a husband can't qualify as a dependent for this filing status since it has to be a child) your only other choice would be married filing separately. The publication I provided earlier is a great resource since it's directly from the IRS. I will also provide a link about filing statuses.

http://www.irs.gov/publications/p501/index.html

Nonresident alien spouse. You are considered unmarried for head of household purposes if your spouse was a nonresident alien at any time during the year and you do not choose to treat your nonresident spouse as a resident alien. However, your spouse is not a qualifying person for head of household purposes. You must have another qualifying person and meet the other tests to be eligible to file as a head of household.

[DarkKiss 45]

I wouldn't file as Single, that would be considered lying to the IRS, a very bad idea. If you are legally married, you cannot file as single. Even if you later amend your return, you shouldn't do it in the first place knowing that you aren't allowed to file as single.

The only status where one can be "considered" unmarried for tax purposes while still legally married, is head of household. To file as head of household usually you have to be single (never married, divorced, widowed, legally separated) or "considered" unmarried by IRS definition. The IRS makes an exception for people who are otherwise legally married, but not living with their spouse as in the case of alien spouses.

Therefore, if you don't have a qualifying dependent child ( a husband can't qualify as a dependent for this filing status since it has to be a child) your only other choice would be married filing separately. The publication I provided earlier is a great resource since it's directly from the IRS. I will also provide a link about filing statuses.

http://www.irs.gov/publications/p501/index.html

Nonresident alien spouse. You are considered unmarried for head of household purposes if your spouse was a nonresident alien at any time during the year and you do not choose to treat your nonresident spouse as a resident alien. However, your spouse is not a qualifying person for head of household purposes. You must have another qualifying person and meet the other tests to be eligible to file as a head of household.

I will not argue with IRS Pub, but the problem with the marriage being abroad and not filed in the US yet, dictates that for purposes of IRS they are still considered single until that documentation of marriage is on record in the US and can be prove . Married at the separate rate will put them in a large tax bracket and since she can not legally claim that person for deductions or anything, I still stand by my opinion to file single and do the amendment. Just my opinion. But for definitive answer, she should walk in to any local IRS tax office and ask the question there and get the best answer.

[Ian H. 207]

I understand what you are trying to say, however a marriage doesn't have to be registered in the US to be legally binding. If that were the case anyone could get married outside of the US, come back here and marry someone else because there is no record of the marriage here.

The IRS is the most notorious of the bureaucracies, in my opinion, and messing with them in the slightest will put you in some deep waters. Filing as MFS, may put the OP in a higher tax bracket, but it is only one of the choices.

They always have the option to file jointly as long as they both declare their worldwide income. There are still credits that aren't available when one of the spouses isn't a resident, like the EIC, I believe. It's unfair that we are put in these tough and complicated tax situations, but it is what it is.

I remember that my cousin had a hugely complicated situation when she brought her husband because they were residents of NY at different times. She had moved to MA, he did POE in MA and both moved to NY with at the end of the year.

This created an issue as to which state returns they had to file since neither had guidelines regarding living in one state at different times of the year. They also had issues with some of the federal credits because when she moved, she left her daughters with her mom until she settled down, which she never did.

My point here is that tax situations are complicated enough as it is and it's really not a good idea to try and do things the easy way or the fastest. If she is married in DR, she is married in the eyes of the IRS, it won't matter to them that her husband doesn't live here.

He doesn't have a responsibility to the US government as a nonresident alien, but she does. I also don't even want to know what would happen if the CO notices that she filed as single when she is trying to petition a husband. In any case the OP has to decide if they want to file jointly, or if she will file by herself as HoH or MFS.

[DarkKiss 45]

I understand what you are trying to say, however a marriage doesn't have to be registered in the US to be legally binding. If that were the case anyone could get married outside of the US, come back here and marry someone else because there is no record of the marriage here.

The IRS is the most notorious of the bureaucracies, in my opinion, and messing with them in the slightest will put you in some deep waters. Filing as MFS, may put the OP in a higher tax bracket, but it is only one of the choices.

They always have the option to file jointly as long as they both declare their worldwide income. There are still credits that aren't available when one of the spouses isn't a resident, like the EIC, I believe. It's unfair that we are put in these tough and complicated tax situations, but it is what it is.

I remember that my cousin had a hugely complicated situation when she brought her husband because they were residents of NY at different times. She had moved to MA, he did POE in MA and both moved to NY with at the end of the year.

This created an issue as to which state returns they had to file since neither had guidelines regarding living in one state at different times of the year. They also had issues with some of the federal credits because when she moved, she left her daughters with her mom until she settled down, which she never did.

My point here is that tax situations are complicated enough as it is and it's really not a good idea to try and do things the easy way or the fastest. If she is married in DR, she is married in the eyes of the IRS, it won't matter to them that her husband doesn't live here.

He doesn't have a responsibility to the US government as a nonresident alien, but she does. I also don't even want to know what would happen if the CO notices that she filed as single when she is trying to petition a husband. In any case the OP has to decide if they want to file jointly, or if she will file by herself as HoH or MFS.

Yes I agree and understand the logic. Ultimately it is her decision and I suggest she ask the question directly to the IRS, that way, she will be safe and legal