J1 and J2 visa holder divorced in 2016---file tax jointly possible?

[KSL 0]

Hi all!

 

I'm a J1 visa holder in California and I have a question about whether my ex-wife (J2 visa holder) and I are able to file tax jointly for 2016.

Originally, our visa expired December 1, 2016; in October, 2016, we decided to get the divorce. After this decision, I decided to extend my J1 a couple of years, but my wife left the U.S. sometime in December, 2016. We got divorced December 20, 2016, i.e. *after* her visa expired.

We are both treated as U.S. residents for tax purposes and my wife had income in 2016.

 

Now, given the circumstances above, are we able to file tax jointly for 2016, or do we need to file separately (as singles) as would normally be the case when you get a divorce at any time during the tax year?

 

Thanks a lot!

[Wuozopo 4,293]

On March 28, 2017 at 6:46 AM, KSL said:

Hi all!

 

I'm a J1 visa holder in California and I have a question about whether my ex-wife (J2 visa holder) and I are able to file tax jointly for 2016.

Originally, our visa expired December 1, 2016; in October, 2016, we decided to get the divorce. After this decision, I decided to extend my J1 a couple of years, but my wife left the U.S. sometime in December, 2016. We got divorced December 20, 2016, i.e. *after* her visa expired.

We are both treated as U.S. residents for tax purposes and my wife had income in 2016.

 

Now, given the circumstances above, are we able to file tax jointly for 2016, or do we need to file separately (as singles) as would normally be the case when you get a divorce at any time during the tax year?

 

Thanks a lot!

The IRS says

Marital Status.  Your marital status on the last day of the year is your marital status for the entire year.

 

You file single because you were not married on Dec 31, 2016.