tax help!

[larissab 0]

My husband arrived last August and we were married in September.

For tax purposes, do we have to file jointly?

Can I file separately and he not file since he has no US income from 2005?

[NigerLA 1]

You can file jointly even though he has no income. I would recommend that you file married filing jointly, you also get a deduction for him. (I am an Accountant)

All the best.

[BenGr 0]

Yes, as NigerLA pointed out you will get a tax break.

I still don't have my EAD / Visa yet, but my wife had to submit as married. If you're in the same boat, and your partner has no SSN, you can file a W7 form with your partners and that's pretty much all you have to do.

It meant a difference of my wife having to pay $200 if she filed seperately, to $1400 return as she submitted jointly (even though I did not earn in the US last year).

[larissab 0]

I think I am going to file separately after reading a bit. I won't get a large return, but it seems the less complicated route for this first year.

What is the W-7 form?

Will the IRS audit us if I file separately and my husband does not file due to lack of US income?

[Autumnal 25]

If you were married last year before 31 December, you should file as married. Separate or joint is up to you and your tax advisor; I would strongly advise talking to H&R Block, Jackson-Hewitt or some other reliable accountant that is familiar with the situation. Even if your husband doesn't work, and his income is 0, he will contribute to giving you a refund. And it's more beneficial for the AOS interview -- you have proof of your mingled finances, which many immigrations officers are interested in.

Just make sure he brings any necessary ID and the tax preparation service can probably very simply handle him. It's not that much work and certainly not a difficult effort for you.

[Mand 1]

I arrived the end of September and we married the end of November. We filed married, filing jointly. We filed the following:

*1040

*2555 for each (both of us lived and worked in Ireland)

*And a statement stating that I wished to be treated as a U.S. resident alien for tax purposes.

We did it ourselves after a lot of readaing and realising that we knew more about it than the "qualified experts". And we got a very healthy refund deposited into our account

[darth bangkok 0]

you said your husband has no us income. but if he has UK income, he has to include that on your joint US return too. So you should take that into account and decide which way is better, also taking into account that your husband may be able to get some kind of tax credit in the uk for taxes he pays on his income in the us