w-4 Need help filling out my W-4 as a married couple for the very 1st time

[Noktor 4]

I have been filing as single on my W-4, but recently married my wife on a K-1 Visa and I am not sure exactly what to do. Should I file as Married filing seperately, or Married filing jointly. My wife does not work, but she does have an SSN and is currently waiting for her greencard and work employment authorization. 

 

Also if I decide to file as 'Married filing Jointly' then should I claim her as a dependent? I just want to make sure I am filling this form out correctly since this is the first time I am filling it as a married man.

 

I would appreciate any help I can get. Thank you in advanced.

 

Edited September 21, 2023 by Noktor

[Mike E 11,739]

 

MFJ or MFS are good for evidence of bonafide marital union.

 

MFJ will will give more of your money to you now versus getting it back when you file your 2023 taxes as MFJ in 2024.

 

If she gets a job in 2023, i suggest MfS for her through end of 2023. Then in 2024 use the IRS W-4 calculator to get correct with holding for both of you. 

[Scott-Ilyn 81]

8 hours ago, Noktor said:

Also if I decide to file as 'Married filing Jointly' then should I claim her as a dependent?

Spouses are not dependents.  

 

Please see this link from the IRS

 

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

[Noktor 4]

13 hours ago, Mike E said:

 

MFJ or MFS are good for evidence of bonafide marital union.

 

MFJ will will give more of your money to you now versus getting it back when you file your 2023 taxes as MFJ in 2024.

 

If she gets a job in 2023, i suggest MfS for her through end of 2023. Then in 2024 use the IRS W-4 calculator to get correct with holding for both of you. 

 

I don't think she will get a job this year, because she submitted her AOS packet not too long ago and we are still waiting for that. She will most likely get a job after receiving her greencard which is probably some time next year. 

 

You mention that choosing either MFJ or MFS is good evidence of a bonafide marriage. But on the W4 form MFS and Single are a single option. So how will they determine whether I'm married or filing seperately?

[Mike E 11,739]

7 minutes ago, Noktor said:

You mention that choosing either MFJ or MFS is good evidence of a bonafide marriage. But on the W4 form MFS and Single are a single option. So how will they determine whether I'm married or filing seperately?

Things seems to have changed since my wife filed I-485. At the time, the W-4 I was using looked like this:

 

https://www.irs.gov/pub/irs-prior/fw4--2016.pdf
 

I was using the single status and the married but withhold at single rate status because I wanted my pay withheld that the single rate with a single standard deduction. This was because my compensation ess mostly variable, and the variable part withheld taxes at 20 percent but I was in a higher tax bracket.

 

So if you are using the newer W-4, what I wrote does not apply.
 

Sorry for the confusion.

[Noktor 4]

No problem. So I guess I should just file the W4 as I normally would, since SINGLE/MFS is once choice. And if my wife finally gets a job later, we can change the status later?

[Mike E 11,739]

21 minutes ago, Noktor said:

No problem. So I guess I should just file the W4 as I normally would, since SINGLE/MFS is once choice. And if my wife finally gets a job later, we can change the status later?

You can change your W-4 as often as you like. When I was working, I changed it several times a year. Ideally your employer has an  online W-4 portal.