Claiming my forwin spouse on tax return

[Bluehelicopter 1]

I asked my CPA, the following question, but he wasn't 100 % sure .  My fiance arrived 8/22 and we go married in 10/22.  We filed the I-485 in 11/22.  On my 2022 tax return, I filed "married filing separately".  Im a little concerned that the IRS may look for a tax return on my spouse, and of course there isn't one since we are STILL waiting on his work authorization. I hope this doesn't affect the AOS. Just being cautious 

[powerpuff 6,697]

~~ Topic moved from K1 forum to Tax & finances during US Immigration forum~~
 

Any reason you didn’t file MFJ? 

[Mike E 11,739]

26 minutes ago, Bluehelicopter said:

separately".  Im a little concerned that the IRS may look for a tax return on my spouse

No need to be concerned unless his  income in 2022 required him to file.

 

Does he have an SSN?

[Bluehelicopter 1]

Yes Mike, thx for the reply

[Mike E 11,739]

17 minutes ago, Bluehelicopter said:

Yes Mike, thx for the reply

I would amend your tax return to MFJ.

 

Otherwise he can file his own MFS tax return.

Edited August 6, 2023 by Mike E

[JeanneAdil 6,498]

do  a  1040x to amend returns so u can take the additional $12,950 ($25.900 for MFJ)

 

file form 2555 to exclude income to following levels 

 

The maximum foreign earned income exclusion amount is adjusted annually for inflation. For tax year 2022, the maximum foreign earned income exclusion is the lesser of the foreign income earned or $112,000 per qualifying person. For tax year 2023, the maximum exclusion is $120,000 per person.Jun 28, 2023

[Liam2021 583]

23 hours ago, Bluehelicopter said:

I asked my CPA, the following question, but he wasn't 100 % sure .  My fiance arrived 8/22 and we go married in 10/22.  We filed the I-485 in 11/22.  On my 2022 tax return, I filed "married filing separately".  Im a little concerned that the IRS may look for a tax return on my spouse, and of course there isn't one since we are STILL waiting on his work authorization. I hope this doesn't affect the AOS. Just being cautious 

There is no affect on AOS. You can amend your 2022 tax after your spouse have SSN.