What's the better way to file taxes in my specific situation?

[sweetlana 11]

Hi! I would like to get some advice on our specific case.

So, my husband, a US citizen, wants to file 2021 taxes. Him and I (K-1 beneficiary) have been married since May 2021.

I still haven't received neither EAD card nor GC card which means that I also don't have a SS card with my new last name. However, I have an SS card with my maiden name on it (received in the past while being on a student visa). 

So, obviously, my husband will have to file taxes as a married man, but what about me? Do I have to file taxes? (I haven't worked all this time and had no income). If yes, then can we file jointly? 
Thank you for your help in advance. 

[aaron2020 11,651]

You and your husband can file jointly for 2021.  You use the SSN that you got because it is yours for life.  

You do not have to file a 2021 US tax return.  Your husband can choose to file married filing separately and only include his income.  

You can choose to be treated as a US taxpayer for 2021 and file a joint return with your husband.  You will need to include your foreign income for 2021.  You would get tax credits for foreign taxes paid.  

Figure out which way is best - filing jointly or him filing separately.  

[sweetlana 11]

10 minutes ago, aaron2020 said:

You and your husband can file jointly for 2021.  You use the SSN that you got because it is yours for life.  

You do not have to file a 2021 US tax return.  Your husband can choose to file married filing separately and only include his income.  

You can choose to be treated as a US taxpayer for 2021 and file a joint return with your husband.  You will need to include your foreign income for 2021.  You would get tax credits for foreign taxes paid.  

Figure out which way is best - filing jointly or him filing separately.  

Thank you very much for the extensive response! Very helpful!

[Gdawge 0]

I and my wife are in a similar situation.  My wife arrived April 2021.  She earned some monies as a teacher in Thailand for the early part of the year.  Any ideas on the forms that would need to be filled up and where the income she earned is placed on the forms.  I know about the letter of claiming her to be a resident alien and form 1040.  I need to know what the form for the exclusion is.  I do not believe that form 2555 can be used in our situation.  

[Wuozopo 4,293]

5 hours ago, Gdawge said:

I and my wife are in a similar situation.  My wife arrived April 2021.  She earned some monies as a teacher in Thailand for the early part of the year.  Any ideas on the forms that would need to be filled up and where the income she earned is placed on the forms.  I know about the letter of claiming her to be a resident alien and form 1040.  I need to know what the form for the exclusion is.  I do not believe that form 2555 can be used in our situation.  

Does she have a SSN?

 

What software are you using? They may ask about foreign income in different places in their questions. It will show up on Line 1 of your 1040, added to your wages. But software usually will ask if you had any foreign income and then put it in the correct spot.

 

You can use Form 2555 to exclude her foreign earned income. 
 

You don’t need the statement electing for her to be treated as a resident alien. Arriving in April gives her enough days of physical presence to be a resident alien for tax purposes.  You can efile since no statement has to be included.

[Wuozopo 4,293]

On 4/5/2022 at 8:04 PM, sweetlana said:

So, obviously, my husband will have to file taxes as a married man, but what about me? Do I have to file taxes? (I haven't worked all this time and had no income). If yes, then can we file jointly? 
Thank you for your help in advance. 

You can file jointly, but use the name on your social Security card. You can use your married name on the tax return next year.

 

You can use form 2555 to exclude Foreign Earned Income. Filing jointly almost always comes out better