my husband has working permit

[ldybg 0]

My husband is still waiting for his green card, meanwhile he has a working permit with SSN also. My question is, we are filing for our tax, do we need to file 1040NR with his taxes? Also is it better to file separately or jointly since were still in the process of "proving" our relationship. The reason I ask this is because, our income tax return is less when we file together.

[Penguin_ie 5,993]

**** Moving from Work Visa to Tax and Finances forum ****

[Umka36 781]

My husband is still waiting for his green card, meanwhile he has a working permit with SSN also. My question is, we are filing for our tax, do we need to file 1040NR with his taxes? Also is it better to file separately or jointly since were still in the process of "proving" our relationship. The reason I ask this is because, our income tax return is less when we file together.

You would file your taxes as either married filing separately or jointly, and file the one that is most advantageous. Your husband can claim US residency for IRS tax filing purpose, so he can use the standard 1040 form.

http://www.irs.gov/uac/Publication-519,-U.S.-Tax-Guide-for-Aliens-1

[emmaandcarlos 0]

i have a similar situation. it sounds like my Nicaraguan husband is considered a "non-resident alien" from Jan 1 - Apr 17 when he arrived in the US, and a "resident alien" from there forwards. From Jan - April, he had a job in Nicaragua where he paid taxes, from April - Dec he earned no income. Any advice on how to proceed? thanks!