Spouse filing taxes before EAD/AOS

[mrsaberhagen 4]

Hi all,

 

I entered the US end of October and submitted AOS in Jan, we have my SNN but obviously no EAD/AOS yet. 

 

My Spouse is sorting out his taxes and doesn't understand where he should file jointly or as an individual as he has read conflicting reports and I obviously have no income this tax year. We're not sure what is the proper course here, would I even need to file taxes for this tax year if I did not make any income also? 

 

Sorry if this has been asked, I tried to search but couldn't find the scenario for a spouse. Also I was unclear what ITIN was.

 

Thanks in advance.

[Rocio0010 5,580]

2 minutes ago, mrsaberhagen said:

Hi all,

 

I entered the US end of October and submitted AOS in Jan, we have my SNN but obviously no EAD/AOS yet. 

 

My Spouse is sorting out his taxes and doesn't understand where he should file jointly or as an individual as he has read conflicting reports and I obviously have no income this tax year. We're not sure what is the proper course here, would I even need to file taxes for this tax year if I did not make any income also? 

 

Sorry if this has been asked, I tried to search but couldn't find the scenario for a spouse. Also I was unclear what ITIN was.

 

Thanks in advance.

When did you marry?

[mrsaberhagen 4]

6 minutes ago, Rocio0010 said:

When did you marry?

9th December

[Rocio0010 5,580]

3 minutes ago, mrsaberhagen said:

9th December

Then he needs to file as "married". You can file for an ITIN using form w7 and you'd use that number to file your taxes.

[mrsaberhagen 4]

1 minute ago, Rocio0010 said:

Then he needs to file as "married". You can file for an ITIN using form w7 and you'd use that number to file your taxes.

Would we need to file separately or jointly as married?

[Rocio0010 5,580]

2 minutes ago, mrsaberhagen said:

Would we need to file separately or jointly as married?

If you get your ITIN you can definitely filed as "married". Filing separately or jointly has to do with your tax situation, not necessarily with USCIS.

[randy32 165]

You said you have your SSN and are not working.

From the little that you have said so far, I think you guys will be better off filing married joint. No need for ITIN.

If your spouse files married but separate, you don't have to file because you don't have any income. In most cases, he will end up paying more in taxes (or getting less refund).

 

FYI: The choice of filing joint or separate still depends on your individual situation

[Rocio0010 5,580]

1 minute ago, randy32 said:

You said you have your SSN and are not working.

From the little that you have said so far, I think you guys will be better off filing married joint. No need for ITIN.

If your spouse files married but separate, you don't have to file because you don't have any income. In most cases, he will end up paying more in taxes (or getting less refund).

 

FYI: The choice of filing joint or separate still depends on your individual situation

RIGHT!!! YOU DO HAVE A SSN! My bad. Please disregard my previous advice.

[Crazy Cat 41,985]

With no income from anywhere in the world for the immigrant and WITH a SSN, I see no reason to file as any other status than Married-filing jointly.  Filing in any other status will be foolish, imo.

Edited February 7, 2022 by Crazy Cat

[mrsaberhagen 4]

Thanks all for help. It makes more sense for us to file jointly as married then. 

 

Forgot to mention in the original post that I was K1 but I'm sure that changes nothing.

[Wuozopo 4,293]

2 hours ago, mrsaberhagen said:

We're not sure what is the proper course here, would I even need to file taxes for this tax year if I did not make any income also? 

 

 If you made no US income you do not have to file, but that would leave him filing Married .Filing Separately.

Or you can file Married Filing Jointly which usually comes out in lower taxes.

Did you work in the UK any time in 2021 before entering the US?

 

IF you would fill out a timeline, it would help people trying to answer your question.  We could see when you entered the US, when married and things that affect your filing.
 

 

Edited February 7, 2022 by Wuozopo

[mrsaberhagen 4]

12 minutes ago, Wuozopo said:

 If you made no US income you do not have to file, but that would leave him filing Married .Filing Separately.

Or you can file Married Filing Jointly which usually comes out in lower taxes.

Did you work in the UK any time in 2021 before entering the US?

 

IF you would fill out a timeline, it would help people trying to answer your question.  We could see when you entered the US, when married and things that affect your filing.
 

 

Right this is where we are confused now, do I have to claim my UK income before even entering the US for the 2021 tax year? (This is wild to me considering it was already taxed in the UK)

 

I worked in UK until October, entered the US and have made no income since end of October.

[Wuozopo 4,293]

2 hours ago, mrsaberhagen said:

Right this is where we are confused now, do I have to claim my UK income before even entering the US for the 2021 tax year? (This is wild to me considering it was already taxed in the UK)

 

I worked in UK until October, entered the US and have made no income since end of October.

Filing jointly, you must report worldwide income for both filers. That means your UK income from Jan 1- Dec 31, 2021.. BUT there is a tax treaty where you do not get taxed by both countries on the same money. An extra form to do to this year to exclude your foreign earned income from US taxation. Form 2555.  It sounds crazy but you will do better jointly than if your husband files Married Filing Separately. I can’t explain it all right now but will try to find some previous posts because I ‘ve answered this question a lot. Out of time right now. I ‘ll be back.

 

How does your husband do his taxes usually. Tax program or pay somebody?

Edited February 8, 2022 by Wuozopo