Tax return after Marriage

[Mory 0]

Hi guys

My fiance arrived in here with k-1 visa last December,I took her SSN from our local office and we are married now.,I seek the easiest way to file tax return under "married jointly".Do we have to do it by paper only or is it possible to file online? I heard that we need to attach a statement to treat her as resident.Is there anyone here who has done it?

Thanks

[srloring13 12]

If you were married on or before December 31, 2012, you would file Married Filing Joint when you file your 2012 taxes.

[VanessaTony 3,567]

We did ours at H&R Block to make sure it was done right.

We filed "married - joint" for the last 3 years (we've been married since 2009) but will be filing "married-separate" for financial reasons this year.

[sdcarver 0]

My Fiance (from Philippines) and I were married last November 28, 2012 under K-1 Visa. We are now in the process of AOS (filed mid January 2013, we will be going to SD office Feb. 19 for Biometrics) how do we file jointly without her having a SSN or Green Card. When I went to H&R Block my Tax Professional could not figure out how to do it without a SSN.

Thanks,

sdcarver

Edited February 2, 2013 by sdcarver

[dandk 72]

My Fiance (from Philippines) and I were married last November 28, 2012 under K-1 Visa. We are now in the process of AOS (filed mid January 2013, we will be going to SD office Feb. 19 for Biometrics) how do we file jointly without her having a SSN or Green Card. When I went to H&R Block my Tax Professional could not figure out how to do it without a SSN.

Thanks,

sdcarver

Your spouse can file for ITIN while waiting for EAD in order to get SSN. With ITIN, you can file your income tax.

http://www.irs.gov/pub/irs-pdf/fw7.pdf

[KayDeeCee 4,893]

Your spouse can file for ITIN while waiting for EAD in order to get SSN. With ITIN, you can file your income tax.

http://www.irs.gov/pub/irs-pdf/fw7.pdf

But they are eligible to get an SSN. They could have gotten one before their I-94 expired, and now they must wait for the EAD. Can they get an ITIN when eligible to get an SSN? The form says no.

[KayDeeCee 4,893]

Your spouse can file for ITIN while waiting for EAD in order to get SSN. With ITIN, you can file your income tax.

http://www.irs.gov/pub/irs-pdf/fw7.pdf

But they are eligible to get an SSN. They could have gotten one before their I-94 expired, and now they must wait for the EAD. Can they get an ITIN when eligible to get an SSN? The form says no.

Scratch that. Instructions state, "A nonresident alien not eligible for a SSN electing to file a joint tax return with a spouse who is a U.S. citizen or resident alien" so I suppose since they are technically not eligible until they get the EAD(if I-94 is expired or has less than 2 weeks until it will), then they can get an ITIN in the meantime for the purpose of filing taxes. OR, you could wait for the EAD to get the SSN and then file. Taxes are not due till the middle of April.