marriage in US for K3 required?

[amiquechu 0]

Pardon me if this is a common post that I should know ...but do my wife and I need to get married in the US before we file for AOS? We were married in Peru last January. I know we need to submit a certified copy of the marriage certificate, but does this need to be from a marriage in the US or is our overseas marriage OK? She's with me here in the US now and we're going to be filing for AOS soon.

Dennis

[Cassie 8]

If you were married legally in Peru, that is sufficient. You are not required to get married again in the United States.

[amiquechu 0]

If you were married legally in Peru, that is sufficient. You are not required to get married again in the United States.

Wow! Thanks for the fast reply, Cassie. My next question...does anybody know if we can file our 2007 taxes as married? I would assume so based on Cassie's reply but just thought I would ask.

I was looking at about what I would get back if I file as single vs. married and apparently another great benefit of being married is a bigger IRS refund!!!

[Singers 0]

As long as you were married within 2007, you can file as married.

[amiquechu 0]

My wife does not have a SS# yet and may not have one before the end of the year. Would I still be able to put her on our tax return as filing jointly?

[kim&james 0]

My wife does not have a SS# yet and may not have one before the end of the year. Would I still be able to put her on our tax return as filing jointly?

You will need to apply for a ITIN. Check the Tax website for info on this.