Married Filing Jointly Tax Question

[familybasedvisa12 23]

Hi VJers,

 

Is there any risk that I should be aware of if filing a joint tax return with my wife who is awaiting her green card (she has a SSN from previous visas)? She is currently employed in Ireland so I'd like to know if we are still able to take the Foreign Earned Income Exclusion for 2020. 

 

Additionally, does anyone know how we can easily update her last name with the SSA (from abroad)? That should trigger an update with the IRS would should theoretically make filing with TurboTax much easier! 

 

Thanks!

[JeanneAdil 6,510]

First of all 

 you can't do turbo tax as they have no place for the W7 and supporting documents you need to send to prove the marriage

This is the IRS site for nonresident alien spouse

 

https://www.irs.gov/individuals/international-taxpayers/nonresident-aliens

 

and yes,  the earned income exclusion works 

 

as for updating last name,  not important on tax forms / some like me never change the last name

and she would have to do this with SS when she comes as you can't do it online 

[Crazy Cat 41,886]

2 hours ago, familybasedvisa12 said:

Hi VJers,

 

Is there any risk that I should be aware of if filing a joint tax return with my wife who is awaiting her green card (she has a SSN from previous visas)? She is currently employed in Ireland so I'd like to know if we are still able to take the Foreign Earned Income Exclusion for 2020. 

 

Additionally, does anyone know how we can easily update her last name with the SSA (from abroad)? That should trigger an update with the IRS would should theoretically make filing with TurboTax much easier! 

 

Thanks!

If she has a SSN, then you can file a joint return.  But whether you should is another question altogether based on her income, whether there is a tax treaty in place between her country and the US, etc.  This is a tax question, so I am moving this topic to the appropriate discussion area.

[familybasedvisa12 23]

20 hours ago, JeanneAdil said:

First of all 

 you can't do turbo tax as they have no place for the W7 and supporting documents you need to send to prove the marriage

This is the IRS site for nonresident alien spouse

 

https://www.irs.gov/individuals/international-taxpayers/nonresident-aliens

 

and yes,  the earned income exclusion works 

 

as for updating last name,  not important on tax forms / some like me never change the last name

and she would have to do this with SS when she comes as you can't do it online 

W7 isn't necessary since she has an SSN already. Not sure why they would need a proof of marriage? 

 

19 hours ago, Lucky Cat said:

If she has a SSN, then you can file a joint return.  But whether you should is another question altogether based on her income, whether there is a tax treaty in place between her country and the US, etc.  This is a tax question, so I am moving this topic to the appropriate discussion area.

Thanks! 

[JeanneAdil 6,510]

Ireland is part of this as of September 1,1993

and IRS will hold up the return and ask for proof of marriage when the spouse is nonresident alien or USC would be trying to claim foreigners (its been tried before)

sorry about the mistake for W7  as i was writing and forgot she had SS card

 

 

[Wuozopo 4,293]

On 12/13/2020 at 10:31 AM, familybasedvisa12 said:

W7 isn't necessary since she has an SSN already. Not sure why they would need a proof of marriage? 

You don’t prove marriage as in submitting a marriage certificate, but you need to prepare and both sign a statement electing for her to be treated as a resident alien for tax purposes. There is no place to include that statement in TurboTax. You can do your taxes on TurboTax, then go to the print menu and print “documents required for filing“. Both sign the paper return, staple a copy of your W2 on front, add your statement you wrote, and mail.

 

1. Attach a statement to your return, signed by both of you that states that one of you is a US citizen, and the other is a nonresident alien and that you are electing to both be treated as US residents for tax purposes. Include the full name and address of each spouse on this letter, as well as your social security number.  (Note: this does not affect the nonresident alien's immigration status.) 

Edited December 22, 2020 by Wuozopo