Question about filing Taxes with new spouse

[Ra&Re 21]

Hello, i'm the american sponsor asking this. Anyone who has filed taxes for their spouse, please give me some advice. I am being preemptive since I don't know yet whether we will pass interview or not isA, but maybe my question would help someone else in the worst case. Please dumb this down for me since I hate doing taxes and I'm awful at it lol

Do I file jointly or separately? Which is better/easier? I have 3 jobs and he has 1 in Algeria that he will quit if he's approved.

Would foreign spouse even need to file? He won't be allowed to have a job until green card or work permit is cleared in 5-6 months anyway.

Would I add his income earned in Algeria for 2016? I know all foreign income is taxed, but he's not a citizen of the US?

Do I have to wait until he gets a SSN to file taxes?

~ Ren

[RobertM54 36]

Hello, i'm the american sponsor asking this. Anyone who has filed taxes for their spouse, please give me some advice. I am being preemptive since I don't know yet whether we will pass interview or not isA, but maybe my question would help someone else in the worst case. Please dumb this down for me since I hate doing taxes and I'm awful at it lol

Do I file jointly or separately? Which is better/easier? You pay higher taxes filing as married, filing separately. Possibly much higher. There may be a reason to do it though.

I have 3 jobs and he has 1 in Algeria that he will quit if he's approved. Obviously, getting married in January 2017 makes all of this a January 2018 discussion for you.

Would foreign spouse even need to file? He should if you marry in 2016.. However, there will only be two months left in 2016 after your interview. Are you determined to marry this year? If not, just get married on January 1st 2017 and push all of the pain until next year. And you get to avoid the worldwide income issue.

He won't be allowed to have a job until green card or work permit is cleared in 5-6 months anyway.

Would I add his income earned in Algeria for 2016? I know all foreign income is taxed, but he's not a citizen of the US? Pushing it all into 2017 means you do not need to address Algerian income at all.

Do I have to wait until he gets a SSN to file taxes? No. But SSNs are fast! You do not need an AOS or EAD to get one.

~ Ren

[ddtenor2 80]

If you and your fiancee marry before the end of the year, then you will be required to file as a married couple and include all income both you and he have for 2016, including overseas income. You have the option of "married filing jointly" or "married filing separately". In our case my husband and I actually saved several thousand dollars filing jointly because of the disparity in our incomes. If they had been roughly the same, we'd have done better as married filing separately. You should do the calculations both ways to see which is most beneficial.

I would highly recommend your fiancee apply for a SSN within a week of entering the U.S. The process is painless and quick, and will make filing taxes a little easier. My husband got his SSN in the mail a week after applying.

Also be aware that once you marry, you will need to show proof that your husband has health insurance or else you will have to file Form 8965 - Health Coverage Exemptions along with your Form 1040. And you will also need to declare how to treat your spouse for tax purposes: "Non Resident Alien Spouse" vs. "U.S. Resident Alien." If you hate filing taxes and are awful at it, I would suggest you have a professional prepare your taxes. Just be sure you engage one who has experience with immigration issues. I actually interviewed 3 and asked them what experience they had filing for a married couple where one did not yet have his green card. Their answers were most enlightening!!

Whether you marry this year or wait until next, you will face the same issues, but if you wait until next year, you won't have the issue with your fiancee's 2016 income, and it will also give you some breathing room to get things in order before filing your 2017 taxes in 2018. My husband and I married in mid-December of last year, and I wish I had know all of the tax consequences at that time. It would have been less stressful at tax time if I had been prepared ahead of time.

Good luck on your journey!!

[Ra&Re 21]

Thanks for the replies. He wants to get married as soon as he arrives so that he can get a job sooner (there is a 5-6month wait for both green card and work permit).

ddtenor2 - but you've confused me. open enrollment for most health insurance plans have already ended, so how do I get him health insurance? And why would I need to fill out those forms if he doesn't have it?

- Ren

[Unlockable 7,314]

Thanks for the replies. He wants to get married as soon as he arrives so that he can get a job sooner (there is a 5-6month wait for both green card and work permit).

ddtenor2 - but you've confused me. open enrollment for most health insurance plans have already ended, so how do I get him health insurance? And why would I need to fill out those forms if he doesn't have it?

- Ren

Marriage is a qualifying life event so you don't need to wait for open enrollment to add him. You can add him to your insurance within 30 - 45 days after your marriage depending on insurance company.

[Ra&Re 21]

I do not have health insurance at the moment I am uninsured. Wouldd applying for the ObamaCare discount ruin or green card application? I know you're not supposed to be on any kind of government assistance but I don't know if this counts as government assistance.

-Ren

[Unlockable 7,314]

Obamacare is not government assistance.

If you haven't had insurance for a while then you will likely get a penalty for yourself next tax season.

You will continue incurring this penalty every year until you and your spouse is ensured.

[Ra&Re 21]

Thank you, I was already aware of that. I chose to pay the fine myself.

What I am asking is that "is health insuring REQUIRED for my husband to be granted a green card/permanent residency?"

And what are those forms she mentioned I need to fill out?

Thanks - Ren

Edited October 28, 2016 by Raouf&Renee