Filing Tax? no EAD

[Tompearson 3]

Hi,

I'm unsure, but do I need to jointly file with my wife even without an EAD? I'm currently waiting AOS. My EAD should turn up in about 2-4 weeks and green card....a year or so.

She has worked about 2 months.

Any info would be great. Thanks

[Nich-Nick 3,354]

You do not have to file anything since you did not work in the US in 2015. If she has only worked 2 months, it sounds like she started in 2016. The tax return is for income Jan 1-Dec 31, 2015. If she had no income in 2015, it sounds like she wouldn't have to file either.

[rutabaga 209]

On a side note: you don't need an EAD/GC to file taxes (jointly or otherwise), but if the two of you were married to each other on Dec 31st, 2015 and she has to file, then you two can indeed file jointly (this might be relevant in that case). On an even sider note: you never actually have to file jointly with your wife (i.e., you two can file married filing separately, although jointly will usually results in a bigger refund for most people).

[Tompearson 3]

Got it, thanks for the info. Yeah she was with me in the UK most of 2015 however did work two months or so in the US in the latter half. Still, it doesn't meet the minimum required to file so think we are all good.

Thanks for the help guys.

Edited April 9, 2016 by Tompearson

[newacct 688]

Your wife is a US citizen and must file US taxes on income from anywhere in the world. Not just "in the US". She may qualify to use the Foreign Earned Income Exclusion on the period of time before she came to the US, but the income must still be reported, and then more forms filled out to exclude it.

[Tompearson 3]

She only worked for two months last year as she did not have a work permit for the UK and I worked to support her there. So think we are all good.

[KayDeeCee 4,893]

~ Moved from AOS from Family Based Visas to Tax & Finances During US Immigration ~