Tax Season. Confused

[RetroPeach12 14]

Hi everybody. Me and my husband are a little confused and are seeking clarification when filing taxes.

I got my permanent residency December 2024. The form has asked him if I was both a non-resident and resident in 2024. I would assume we would still file jointly as we're still married and I still received my permanent residency before the end of the tax year. However, we don't want to make any mistakes as we're obviously dealing with the IRS and we don't want USCIS to think we're in a sham marriage because we haven't filed jointly.

Am I right in understanding that even though I got my GC in December, we can still file jointly? Thanks!

 

[Crazy Cat 42,333]

There are many variables which determine if:

1.  If You could file as a non-resident and a resident (dual status alien)

2.  If You SHOULD file as a dual status resident.

 

Variables include:  Do you pass the substantial presence test?  how much income the new resident earned prior to coming to the US, foreign income exclusions, tax agreements between the US and new immigrant's home country, FBAR, etc.

 

Having said all that I always advise new immigrants to seek the help of a good tax pro the 1st year in the US.

 

Edited January 25 by Crazy Cat

[Crazy Cat 42,333]

20 minutes ago, RetroPeach12 said:

Am I right in understanding that even though I got my GC in December, we can still file jointly?

You can, yes....but should you? Even if you didn't have a Green Card, you could choose to be treated as a tax resident for the full year.  

[RetroPeach12 14]

3 minutes ago, Crazy Cat said:

You can, yes....but should you? Even if you didn't have a Green Card, you could choose to be treated as a tax resident for the full year.  

I was unemployed the entire tax season, even before I moved here so I haven't earned anything. We just decided to file jointly. Thank you for your advice 

 

[Crazy Cat 42,333]

1 minute ago, RetroPeach12 said:

I was unemployed the entire tax season, even before I moved here so I haven't earned anything. We just decided to file jointly. Thank you for your advice 

 

Do you have bank accounts and/or assets outside the US?  If so, you possible need to file an FBAR with the Department of the Treasury. 

3 minutes ago, RetroPeach12 said:

I was unemployed the entire tax season, even before I moved here so I haven't earned anything. We just decided to file jointly.

Then, filing jointly certainly makes sense.

[RetroPeach12 14]

Just now, Crazy Cat said:

Do you have bank accounts and/or assets outside the US?  If so, you possible need to file an FBAR with the Department of the Treasury. 

I don't have any assets outside the US. I do still have my UK bank account but it is empty. I have kept it just incase we ever return to the UK. 

[JeanneAdil 6,657]

page 13 of 1040 instructions

 

You and your spouse can also choose to file as U.S. residents for the entire year if both of you are U.S. citizens or residents at the end of the year and either (or both) of you were a nonresident at the beginning of the year (the dual-status spouse(s)). You can only make this choice for 1 year, and it does not apply to any future years. 

 

https://www.irs.gov/pub/irs-pdf/i1040gi.pdf

 

even if u were nonresident alien you can file MFJ when married by end of December

 

the change IRS made on this is the following section which only allows a USC to claim nonresident alien spouse for 1 year (if the spouse is still out of the US)

u are here so that section is not for u but it is for those who will need to file MFS if spouse is not here after the 1st year of filing as married/this affects those of us who wait years to get spouse here .in the past we were able to claim spouse (if an alien ) for all years

[appleblossom 3,154]

Just now, RetroPeach12 said:

I don't have any assets outside the US. I do still have my UK bank account but it is empty. I have kept it just incase we ever return to the UK. 

 

Has it been empty for the whole of 2024? If not, then you may still need to file FBAR - do double check. 

[RetroPeach12 14]

7 minutes ago, appleblossom said:

 

Has it been empty for the whole of 2024? If not, then you may still need to file FBAR - do double check. 

I checked and it said anything amounting over $10,000 needs to be declared. I haven't had that amount in my bank account the entirety of 2024. 

[Legal Alien 136]

Oh following! I had the exact same question, only difference is I do not have my Green Card yet.

[Crazy Cat 42,333]

1 minute ago, Legal Alien said:

Oh following! I had the exact same question, only difference is I do not have my Green Card yet.

If you have a SSN, you can file a joint return and ask to be treated as a resident for tax purposes.

[Legal Alien 136]

4 minutes ago, Crazy Cat said:

If you have a SSN, you can file a joint return and ask to be treated as a resident for tax purposes.

 

I requested an SSN through my I-485 and have not received my SSN yet either.

[Crazy Cat 42,333]

4 minutes ago, Legal Alien said:

 

I requested an SSN through my I-485 and have not received my SSN yet either.

One option is for US spouse to file as Married Filing Separately....then amend taxes to a joint return after you get a SSN. 

[Legal Alien 136]

48 minutes ago, Crazy Cat said:

One option is for US spouse to file as Married Filing Separately....then amend taxes to a joint return after you get a SSN. 

 

Sounds like we'll just get someone to handle this for us!

[Crazy Cat 42,333]

2 minutes ago, Legal Alien said:

 

Sounds like we'll just get someone to handle this for us!

We have had a CPA/Tax Pro doing all our tax filings since wife arrived in 2017.