after marrying my fiance...can i claim him as my dependent?

[Fight for Love 98]

I was wondering after we got married can I claim him as my dependent. He work part time in Philippines (work-agency). Does he need to bring proof of income from that company? Do we need to add his income too on the tax return?

Any ideas??

thanks

[GodsGift225 54]

I believe it all depends on your accountant , If he not working and you are taking caring of him and expensive I believe you can add him as a dependent but I'm not sure if you can file your taxes as married.... So that something you would want to find out with your accountant, and see what he would suggest.

[X Factor 1,114]

If you are married you will have to file married filing jointly. He cannot be your dependent. You will need to get an ITIN number since he doesn't have a social security number. Married filing jointly is beneficial because you will get an additional exemption filing for your husband.

[dwheels76 5,488]

You know it was weird I filed my 2011 taxes and did the filing separate since I didn't have the ITN number and did like I read on VJ. No issues no probles didn't owe any taxes didn't have to pay. But it was so cool to get my Tax Transcript addressed to dwheels and dchase Bonaparte. It ws liek wow now we are in the government system as mr and mrs. Good interview proof. hehe. what was the question?

No he is not your dependent, buut another exemption though woo whoo. Better than filing single.

[Dave&Roza 748]

If you are married you will have to file married filing jointly. He cannot be your dependent. You will need to get an ITIN number since he doesn't have a social security number. Married filing jointly is beneficial because you will get an additional exemption filing for your husband.

I have never liked the advice of getting an ITIN since your husband is eligible to receive a SSN. The ITIN is for those that have a need to file a US tax return and are not eligible to get a SSN--it does not say that you failed to apply for a SSN or have yet to receive it, but that you are INELIGIBLE for a SSN. You have unitl April 15th of 2013 to file a tax return for 2012. That shoul dbe plenty of time to get married within the 90 days and file for AOS and receive the EAD or even GC before then.

You have a few choices with your husband's income. 1) file a tax return as married filing jointly and have him be declared a prementant resident for tax purposes. You file a letter that both of you sign with your taxes. Then you take his salary in the PI and convert it to US dollars. 2) You can file as married filing jointly and not claim permentant resident status and then the income is not claimed but falls into the foreign income exclusion. 3) you could file as married filing seperately if his income levelis such that this is a valid course.

I would look at the tax consquences of each and file accordingly with the added knowledge that for AOS and ROC the USCIS likes to see jointly filed tax returns. SO there is the tax issues and the immigration issues to look at.

Good Luck,

Dave

[KayDeeCee 4,904]

If you get married in 2012, then you can file your 2012 taxes as married filing jointly. You cannot claim a spouse as a dependent. He can apply for his SSN 10-14 days after entering the US with a K-1 visa, so he should have the SSN by the time you file taxes, no ITIN needed. Check with an accountant or the IRS about his foreign income.

[bigdog 377]

Have fun and good luck.

[Pitaya 2,580]

Have fun and good luck.

[Thomas and Kristi 17]

Well, we had to file for an ITIN, which actually was our only course of action because his K-1 was expired and we weren't eligible for a SSN based on that (at the time I was unaware that checking the box on the form didn't assign us a SSN like it said...stupid forms...hey I didn't know about Visa Journey at the time!). Since we have to file taxes and by that time it was already the end of March, we had to apply for an ITIN. They had no problem assigning one with proof. This allowed us to file 2011 as married and now this year we will not have to file by paper. Woot!

Further information about ITIN and SSN

What do I do when I am assigned a social security number (SSN)?

Once you receive a SSN, you must use that number for tax purposes and discontinue using your ITIN. It is improper to use both the ITIN and the SSN assigned to the same person to file tax returns. It is your responsibility to notify the IRS so we can combine all of your tax records under one identification number. If you do not notify the IRS when you are assigned a SSN, you may not receive credit for all wages paid and taxes withheld which could reduce the amount of any refund due. You can visit a local IRS office or write a letter explaining that you have now been assigned a SSN and want your tax records combined. Include your complete name, mailing address, and ITIN along with a copy of your social security card and a copy of the CP 565, Notice of ITIN Assignment, if available. The IRS will void the ITIN and associate all prior tax information filed under the ITIN with the SSN.

Send your letter to:

Internal Revenue Service

Austin, TX 73301-0057