AOS and W-4 questions

[huongkhin 9]

Long time looker, first time poster.

I'm a USC. My wife is currently in the country with a B1/B2 visa. We'll get marry next week and I have pretty much all the paperwork ready to file.

My question are:

1. When can I start claiming her as dependence for tax purpose?

2. When can I update my W-2 with my employer? Should I do this before I file the package or after (at which point after)?

3. I have full insurance coverage from my employer. Do you know in your own experience if they allow you to add your spouse to the insurance benefits before you file the AOS?

Thanks a lot for your help.

[Harpa Timsah 13,258]

1. A spouse is never a dependent. You can file married taxes starting the day you are married.

2. After you are married, anytime.

3. Your wife's immigration status usually has nothing to do with insurance, so add her the day you get married. She will not have a SSN, so you will need to talk to someone else besides an insurance clerk to get her added.

[Anh map 2,098]

*Moved from Adjust Status family based visa forum to Adjust Status-work, student, tourist visa forum*

[Nikkiss08 1]

(1) Like pp said, you can never claim your spouse as a dependent, but you can file jointly for the year you got married and thereafter.

(2)you can change your withholding with your employer at any time. I would suggest using this calculator to see what you should be withholding to minimize any tax liability http://www.irs.gov/individuals/article/0,,id=96196,00.html/

(3)Insurance benefits doesnt have anything to do with immigration status, at least in my experience. Speak to your HR department or insurance carrier directly.

[DandT14 272]

You will file as "married" when you file your 2012 taxes.

You can change your W-4 today, if you want. You don't have to "be" married to claim married on your w-4. It just helps when trying to make sure the correct amount is withheld.

Typically, you have 30 days after a change in family status (in your case, marriage) to add a dependent to your health insurance. HR people are militant about that rule, so you better check it and don't miss the window. If you miss it, you have to wait until open enrollment to make changes.

It's possible you'll run into trouble adding her to your insurance, because most insurance companies require a SSN or ITIN. I'm not sure if there's a way around that, you'll have to check with your HR department.

Edited July 2, 2012 by DandT14

[huongkhin 9]

Thanks guys for your broad knowledge! Your answers are right on the point. I'll ask my HR people.

[huongkhin 9]

It's possible you'll run into trouble adding her to your insurance, because most insurance companies require a SSN or ITIN. I'm not sure if there's a way around that, you'll have to check with your HR department.

I spoke to the HR lady. She said no need for a SSN. She can tell the insurance provider that she doesn't have one and they will assign a dummy number.

I have to add her before 31 days deadline.

Edited July 5, 2012 by huongkhin