W-4 / MW507 Correct Filing Status?

[echo924 20]

My husband has started work but is still adjusting for status so technically from my understanding he is a "nonresident" alien until he receives his green card, correct? He does have his EAD by the way.

Do we file him as "married but withhold at single rate" (he has the lower wage)? I read on the IRS website if you are a nonresident alien you should file as "single" regardless of martial status. As for my W-4, do I file as "married"? I know on the forums it says if MY spouse is a nonresident alien I should list myself as single but I just wanted clarification on it. 

 

Thanks for the help! Wanted to avoid making a forum post but I kept running into conflicting answers.  

[Eric-Pris 1,606]

The W4 is for withholding only, it tells the employer how much to withhold.  You are not filing anything when you submit it to the employer.  It has no effect on what filing status you can use on your return early next year.  You can withhold as single but the file as married and you will have extra money withheld refunded.  Or vice versa.  When you file your taxes, you should file as Married, since you are in fact married.  You cannot file as single if you are legally married.  If he came over on a K-1, and you are married, and he has a SS number I assume, you will (should) file as Married Filing Jointly (MFJ).  There are a few scenarios why a married couple may want to file Married Filing Separately (MFS) but it's rare.  Most file jointly since it gives you a lower tax rate, and you only have to file one return.  There are some rules specific to Nonresident Aliens (NRA) but in your case MFJ would be your best bet, even before AOS is completed.  Once you have a SS number with work authorization, you are no longer considered a nonresident alien. 

 

If you want more money withheld, to get a bigger refund, then check single or married, but withhold at single rate.  They will take more out of each pay check and refund the excess at tax time.

 

Edited July 5, 2017 by Eric-Pris

[TBoneTX 45,308]

Thread is moved from the Working & Traveling forum to the Tax & Finances forum.