Filing taxes

[Hoviland 1]

Hi i;m waiting for my AOS and my spouse is wondering how to file taxes with me jointly with the fact i don't even work as im also waiting for my EAD. Would anyone here be able to advise on that?

[Lil bear 4,181]

2 minutes ago, Hoviland said:

Hi i;m waiting for my AOS and my spouse is wondering how to file taxes with me jointly with the fact i don't even work as im also waiting for my EAD. Would anyone here be able to advise on that?

You need to obtain an ITIN in order to file MFJ

[Hoviland 1]

1 hour ago, Lil bear said:

You need to obtain an ITIN in order to file MFJ

Thanks! May i ask though because someone said obtaining an ITIN number is only if i don't have a SSN which i do have?

[arken 4,197]

If you two were married as of Dec 2019 and you have a SSN, you two can file tax return as married filing jointly. Any of you two’s worldwide income has to be included as well. Your work or pending AOS is unrelated.

Edited February 16, 2020 by arken

[Lil bear 4,181]

14 hours ago, Hoviland said:

Thanks! May i ask though because someone said obtaining an ITIN number is only if i don't have a SSN which i do have?

Correct. I should have not assumed you didn’t have a ssn   You file MFJ exactly the same way others do .. AOS pending doesnt come into it. You are a resident for tax purposes according to the IRS 

Edited February 16, 2020 by Lil bear

[Loren Y 2,755]

You have to file based on your marital status on December 31st, 2019 as others have mentioned. If you were married before the end of the year, and have a Social security number already it is a file as normal situation. You have no income so far, and that is a good thing as if you file MFJ you will have a 24,000 dollar standard deduction that should net you a nice tax refund assuming your spouse has a normal job with standard withholding s ( Not 1099). But even then it will be beneficial. Usually MFJ will serve most people the best, but as he was supporting you since you couldn't work without EAD approval HOH ( Head of household) could be more beneficial( depending on how long you were here last year), but usually not, you can try both ways to see what gives you the best tax liability, but more than likely MFJ is your best option. But just file using any software with you listed on it with your social security number, and when it asks for your income, or if you have any W-2's you have none, so nothing to enter, so your part of the return is really easy as you are just " Along for the ride" per say. Make sure if you went to school, maybe took any type of educational training to pass the time, they are tax deductible, and you can write off any tuition and books, etc. They have some decent deductions for pending immigrants if you look.

Edited February 16, 2020 by Loren Y

[Loren Y 2,755]

15 minutes ago, Lil bear said:

You are a resident for tax purposes according to the IRS

Usually the case, but depending on how long you were here for the year 2019 will determine if you are a resident for tax purposes. Basic guideline below, but still file no matter what, you want transcripts in both your names for the AOS interview.

 

Typical factors states use to determine residency. Often, a major determinant of an individual's status as a resident for income tax purposes is whether he or she is domiciled or maintains an abode in the state and are “present" in the state for 183 days or more (one-half of the tax year).

 

See this link about the Green card/ Substantial presence test.   https://www.irs.gov/individuals/international-taxpayers/introduction-to-residency-under-us-tax-law

 

This will let you know if your worldwide income would come into play while filing.

 

For example: my now wife arrived in late November 2018, and we didn't marry until 2019. she had income for the 2018 year from her previous country of residence, but since she wasn't here anywhere near the 183 days to be considered a resident, she didn't need to be included on my taxes, or file taxes on her foreign income for the 2018 tax year.

Edited February 16, 2020 by Loren Y

[Loren Y 2,755]

1 hour ago, arken said:

Any of you two’s worldwide income has to be included as well

Only if OP passes the residency test. See my post above. while most foreign income doesn't come into play unless it was over a certain amount ( Above 100,000 dollars or around that), if you are not considered a resident, foreign income need not be filed on.

Edited February 16, 2020 by Loren Y

[payxibka 10,045]

9 hours ago, Loren Y said:

Only if OP passes the residency test. 

I don't believe there is any quite like MFJ filling status for a non resident alien. 

 

Also, an alien can opt to be treated as a us taxpayer regardless of the outcome of the substantial presence or green card test 

[Loren Y 2,755]

3 hours ago, payxibka said:

Also, an alien can opt to be treated as a us taxpayer regardless of the outcome of the substantial presence or green card test

True, is an option, I have yet to see someone pay taxes on what they earn in their home country for the year, then come and pay taxes again on the same money when they get to the United States. But if someone likes to pay taxes twice on their money, that's their right. Welcome to America, LOL. The IRS will take your check.

[payxibka 10,045]

4 minutes ago, Loren Y said:

True, is an option, I have yet to see someone pay taxes on what they earn in their home country for the year, then come and pay taxes again on the same money when they get to the United States. But if someone likes to pay taxes twice on their money, that's their right. Welcome to America, LOL. The IRS will take your check.

Not double taxation as that is not allowed 

[Ayrton 965]

12 hours ago, Loren Y said:

Only if OP passes the residency test. See my post above. while most foreign income doesn't come into play unless it was over a certain amount ( Above 100,000 dollars or around that), if you are not considered a resident, foreign income need not be filed on.

I believe the rule applies only for people that are not married to a US citizen, or are married and filing separately. 

 

In your case for 2018, you guys were not married yet, so the rule applies. But for 2019, as a married couple, you guys have the option to file together or separately. IF you file separately, then the rule will apply again. If you file jointly, it doesn't matter when you guys got married. The foreign spouse will be treated as a resident for the whole year, therefore, if they have any worldwide income, it needs to be included.

[Ayrton 965]

10 minutes ago, payxibka said:

 

 

10 minutes ago, payxibka said:

Not double taxation as that is not allowed 

From what I was reading, double taxation is allowed in the US, but there are exclusions. If the foreign income is huge. The person will end up being taxed twice on part of that income.

Edited February 16, 2020 by Ayrton

[NikLR 13,227]

~~moved to taxes and finances from AOS progress reports~~

[Wuozopo 4,293]

15 hours ago, Loren Y said:

You have to file based on your marital status on December 31st, 2019 as others have mentioned. If you were married before the end of the year, and have a Social security number already it is a file as normal situation. You have no income so far, and that is a good thing as if you file MFJ you will have a 24,000 dollar standard deduction that should net you a nice tax refund assuming your spouse has a normal job with standard withholding s ( Not 1099). But even then it will be beneficial. Usually MFJ will serve most people the best, but as he was supporting you since you couldn't work without EAD approval HOH ( Head of household) could be more beneficial( depending on how long you were here last year), but usually not, you can try both ways to see what gives you the best tax liability, but more than likely MFJ is your best option. But just file using any software with you listed on it with your social security number, and when it asks for your income, or if you have any W-2's you have none, so nothing to enter, so your part of the return is really easy as you are just " Along for the ride" per say. Make sure if you went to school, maybe took any type of educational training to pass the time, they are tax deductible, and you can write off any tuition and books, etc. They have some decent deductions for pending immigrants if you look.

There is some incorrect information in this post. 
 

NO- “and when it asks for your income, or if you have any W-2's you have none, so nothing to enter, so your part of the return is really easy as you are just " Along for the ride" per say.”

 

You may file a joint return, but if you do, any income you earned in your foreign country must be reported. The tax it would accrue can be exempted but it is not a total ”free ride”.  It is usually the better ride however.

NO— ”but as he was supporting you since you couldn't work without EAD approval HOH ( Head of household) could be more beneficial( depending on how long you were here last year)”

 

Head of Household Filing has to have a qualifying person (usually child) they support. The wife that is supported does not qualify. And if you (wife) lived in the house during the last six months of 2019, Head of Household is not an option.