Federal Tax Filing for Petitioner after Marriage

[empr 0]

So, my husband earned no US income and is still a nonresident alien. If we file jointly, does he have to declare his foreign income?

*confused*

Gail

Not sure if there's any discussion similar to this already, and if this concerns other VJ members. It's tax filing time. We're just curious what status husband (US citizen who petitioned me under K1 fiancee visa) uses for his tax filing - is it married filing jointly or married filing separately? I am not working yet as am waiting for EAD approval. And I was employed in my country up to last year before coming to the US and getting married. Let me know what others in the same case are doing. Thanks.

The answer is married filing jointly... one of the few benefits of getting married = tax break

What if we got married the 21st of December? I filed for a new SSN and name change 1st week of January, but I was legally married in 2007.... my husband didn't work in the US that year... so do I file as married, or single?

I know the answer to your question, because we are in the process of filing and getting all of our documents together. The IRS considers you married for the entire year of 2007 if you were married on 12-31-07. So you should file as married.

For more information look at IRS publication 519 http://www.irs.gov/publications/p519/ch01.html

[one_day_at_a_time 0]

So, my husband earned no US income and is still a nonresident alien. If we file jointly, does he have to declare his foreign income?

*confused*

Gail

You will have to include his foreign income (exchanged to U.S. Funds, of course) and then fill out Form 2555, Foreign Earned Income Exclusion.

[apk 0]

Not sure if there's any discussion similar to this already, and if this concerns other VJ members. It's tax filing time. We're just curious what status husband (US citizen who petitioned me under K1 fiancee visa) uses for his tax filing - is it married filing jointly or married filing separately? I am not working yet as am waiting for EAD approval. And I was employed in my country up to last year before coming to the US and getting married. Let me know what others in the same case are doing. Thanks.

After working in a tax office for over 6 years I suggest you enlist the help of a tax accounting office. Most reputable ones will be reasonably priced and happy to explain things to you. Here is the one I use no matter where I live. They specialize in this sort of thing and have got your back if you ever get audited. It is Day & Associates, Ltd. 479-783-8088