US Citizen filing taxes with spouse (first time immigrant) -- What could be best tax filing status?

[jdelarosa11 0]

Hi everyone! I need help in figuring out what could be the best Tax filing status in regards with our situation.

 

I am a US Citizen, self employed and have US income for 2019, while my husband is a First Time Immigrant here in the US, he entered on January 2020.

My question is can I file Married Filing Jointly (MFJ) with my husband for the Tax Year 2019? Or I have to file Married Filing Separately (MFS) because my husband is not present in the US in the year 2019 and no US income?

 

Thank you guys in advance!

Edited March 22, 2020 by jdelarosa11

[arken 4,197]

You can file MFJ or MFS. MFJ will likely give you lots of tax credits depending on your husbands foreign income in 2019.

[jdelarosa11 0]

@arken 

 

Hi Arken! 

 

Thanks so much for your reply!

My husband doesn't have foreign income either on 2019.

 

We really want to file Married Filing Jointly, but we aren't sure if we are eligible because my husband's not present nor have his SSN in 2019? 

(He just entered US this Jan. 2020, and got his SSN on February)

 

Also we're a little concerned if there are rules like (example: An Immigrant spouse need to be present and have SSN for the tax year before a US Citizen can file MFJ)

We tried searching and haven't got to see some articles or instructions about our situation yet  but would highly appreciate your opinion!

 

Thanks again!!

[LionessDeon 2,060]

This is for your tax preparer to decide. n immigration website is not a good place to tax advice.  Every one situation is different depending on income, deductions, and other financial info. 

[NikLR 13,227]

9 minutes ago, jdelarosa11 said:

@arken 

 

Hi Arken! 

 

Thanks so much for your reply!

My husband doesn't have foreign income either on 2019.

 

We really want to file Married Filing Jointly, but we aren't sure if we are eligible because my husband's not present nor have his SSN in 2019? 

(He just entered US this Jan. 2020, and got his SSN on February)

 

Also we're a little concerned if there are rules like (example: An Immigrant spouse need to be present and have SSN for the tax year before a US Citizen can file MFJ)

We tried searching and haven't got to see some articles or instructions about our situation yet  but would highly appreciate your opinion!

 

Thanks again!!

You can file MFJ if you want but you will need an ITIN or SSN. 

[arken 4,197]

47 minutes ago, jdelarosa11 said:

@arken 

 

Hi Arken! 

 

Thanks so much for your reply!

My husband doesn't have foreign income either on 2019.

 

We really want to file Married Filing Jointly, but we aren't sure if we are eligible because my husband's not present nor have his SSN in 2019? 

(He just entered US this Jan. 2020, and got his SSN on February)

 

Also we're a little concerned if there are rules like (example: An Immigrant spouse need to be present and have SSN for the tax year before a US Citizen can file MFJ)

We tried searching and haven't got to see some articles or instructions about our situation yet  but would highly appreciate your opinion!

 

Thanks again!!

There are no such rules and that’s why you can’t find it even if you search.
 

An example: A USC living abroad is required to file tax return based on the income. If he married in that country, he can file MFJ by applying for wife’s ITIN concurrently. 
 

Since your husband already has the SSN, just file MFJ.

 

I filed MFS for two years before my wife immigrated here. Then i amended those last two years MFS to MFJ.

[Wuozopo 4,293]

2 hours ago, jdelarosa11 said:

@arken 

 

Hi Arken! 

 

Thanks so much for your reply!

My husband doesn't have foreign income either on 2019.

 

We really want to file Married Filing Jointly, but we aren't sure if we are eligible because my husband's not present nor have his SSN in 2019? 

(He just entered US this Jan. 2020, and got his SSN on February)

 

Also we're a little concerned if there are rules like (example: An Immigrant spouse need to be present and have SSN for the tax year before a US Citizen can file MFJ)

We tried searching and haven't got to see some articles or instructions about our situation yet  but would highly appreciate your opinion!

 

Thanks again!!

Here’s your rules—IRS Publication 519 https://www.irs.gov/pub/irs-pdf/p519.pdf

The first part is determining if he is a resident alien by the greencard test (nope) or the physical presence test (nope). So just skip all that until you get to Page 9. Find: Nonresident Spouse Treated as a Resident 

It starts off with—

If, at the end of your tax year, you are married and one spouse is a U.S. citizen or a resident alien and the other spouse is a nonresident alien, you can choose to treat the nonresident spouse as a U.S. resident. 
Keep reading to learn you must send a signed statement choosing for him to be a resident alien for tax filing purposes

 

 

 

 

ahaha

[jdelarosa11 0]

@Wuozopo Thanks so much!! Would you happen to know if it's possible to attach the signed statement when e-filing (turbotax or credit karma)? 
 

[jdelarosa11 0]

Hi @arken

 

Thank you for responding!

When you filed MFJ for the first time, did you have to include a signed statement by both spouses? 
The statement that's being referred on the below images

 

 

 

 

 

 

 

Source - https://www.irs.gov/individuals/international-taxpayers/nonresident-alien-spouse

[Wuozopo 4,293]

1 hour ago, jdelarosa11 said:

@Wuozopo Thanks so much!! Would you happen to know if it's possible to attach the signed statement when e-filing (turbotax or credit karma)? 
 

There is no way to include the statement with TurboTax or the other do-it-yourself software.  You have to print the return, both sign the 1040,  and mail it. TurboTax prints a page showing where to mail it based on your address. 
 

 

1 hour ago, jdelarosa11 said:

Hi @arken

 

Thank you for responding!

When you filed MFJ for the first time, did you have to include a signed statement by both spouses? 
The statement that's being referred on the below

 

Yes, we included the statement the first year. We wrote something ourselves that included what that page references and both signed. I can’t see whatever you attached. They are blank.

[jdelarosa11 0]

@Wuozopo I see. Do you think if we paper-file the 2019 return as MFJ with the "signed statement to treat spouse as US resident" in the coming weeks, can we still qualify for the $2400 stimulus check?
(By the way for 2018, my filing status was MFS)

[Wuozopo 4,293]

1 hour ago, jdelarosa11 said:

@Wuozopo I see. Do you think if we paper-file the 2019 return as MFJ with the "signed statement to treat spouse as US resident" in the coming weeks, can we still qualify for the $2400 stimulus check?
(By the way for 2018, my filing status was MFS)

This is all I found

Will the government look at my 2018 return if I file my 2019 return today? 

The government has not announced a cut-off date for looking at 2018 returns. What this means is, if you file your 2019 return today or soon, it is not yet clear whether if they will be looking at your 2018 return or your 2019 return.