SSN, marriage and taxes.

[Rmv0311 1]

Hi, my fiancée will finally be here this Saturday. My question is, if we get married before the end of the year, can I include her in my tax return as "jointly"? Will she need a SSN? And if she does, how soon can I request one and how soon will I get one?

Please move this topic where it belongs if need to.

[TBoneTX 43,327]

*** Thread moved from K-1 Process forum to the Social Security Numbers subforum. ***

[Pitaya 2,576]

~

Edited November 26, 2013 by A&B

[James and Ary 0]

Hey RMV!

First, congrats! My fiancee arrived two and a half weeks ago, and it's a great feeling. Finally whole!

We completed her Social Security application yesterday. It's an extremely easy process (the hardest part was waiting for two hours in the lobby!) and results in her SSN arriving within 7-14 days.

Yes, if you marry this year you can include her on your tax return as married - filing jointly. Remember, though - if you do this, any income that she earned from her time before entering the US will be counted in your total income. Be prepared to provide proof of income, or proof that she wasn't working - whichever fits your case.

Let me know if you have more questions.

[baron555 934]

Hi, my fiancée will finally be here this Saturday. My question is, if we get married before the end of the year, can I include her in my tax return as "jointly"?

Yep. My wife and I were married on Dec 31 and stuck it to the IRS in our favor for that.

Will she need a SSN?

No, but it does help. You can obtain an IETN? for her.

And if she does, how soon can I request one and how soon will I get one?

We applied for my wife's SSN about three weeks after her POE and a week before our marriage. She got the card a week later.

Please move this topic where it belongs if need to.

[Dave&Roza 748]

Hey RMV!

First, congrats! My fiancee arrived two and a half weeks ago, and it's a great feeling. Finally whole!

We completed her Social Security application yesterday. It's an extremely easy process (the hardest part was waiting for two hours in the lobby!) and results in her SSN arriving within 7-14 days.

Yes, if you marry this year you can include her on your tax return as married - filing jointly. Remember, though - if you do this, any income that she earned from her time before entering the US will be counted in your total income. Be prepared to provide proof of income, or proof that she wasn't working - whichever fits your case.

Let me know if you have more questions.

My wife and I got married on December 30th and I filed married filing jointly. Please look over the IRS tax rules for foreign income as there are several different ways to handle it. You also need to see if filing as marred filing separately is the better choice--usually not. If you decide to claim her as a legal permanent resident for TAX purposes, you will both need to sign a letter to the IRS stating such. Also you will not be able to e-file. I used a statement from her HR department about her wages and then used the GSA's website to get the average conversion rates from KZT to USD.

Since she will need a SSN at some point, go to your local office and apply in the name on her visa as that causes the least amount of hassle. Print out the I-94 from the CBP website and complete the SS-5 and go get the SSN.

Good luck,

Dave

[Bugs 455]

My wife and I got married on December 30th and I filed married filing jointly. Please look over the IRS tax rules for foreign income as there are several different ways to handle it. You also need to see if filing as marred filing separately is the better choice--usually not. If you decide to claim her as a legal permanent resident for TAX purposes, you will both need to sign a letter to the IRS stating such. Also you will not be able to e-file. I used a statement from her HR department about her wages and then used the GSA's website to get the average conversion rates from KZT to USD.

Since she will need a SSN at some point, go to your local office and apply in the name on her visa as that causes the least amount of hassle. Print out the I-94 from the CBP website and complete the SS-5 and go get the SSN.

Good luck,

Dave

Correct me if I'm wrong, but if you file married jointly, and your new spouse earned all her income while living in her foreign country then that income can be excluded with form 2555.

[Dave&Roza 748]

Correct me if I'm wrong, but if you file married jointly, and your new spouse earned all her income while living in her foreign country then that income can be excluded with form 2555.

That's one way to handle it. Another was to include her income on our taxes and pay US taxes on the whole amount. Since her income was so little, her standard deduction significantly reduced my income so that I saw a tax benefit of approximately $6,000. Everyone needs to look at what is best for their tax situation and use the IRS' rules to their advantage so they pay as little tax as they are required to. All it requires is a bit of time to see which method results in the least amount of taxes paid.

Dave

[gwenstar 66]

Correct me if I'm wrong, but if you file married jointly, and your new spouse earned all her income while living in her foreign country then that income can be excluded with form 2555.

What is form 2555 for?

[Rmv0311 1]

Thank you guys.

I spoke with a friend who is an accounting and he said jointly will benefit me the most, he just wasn't sure on the while fiancée visa thing.

And my fiancée did not work the last year so no income. How do you prove that?

And by last year, I meant 2013, sorry hehehe.

[Bugs 455]

That's one way to handle it. Another was to include her income on our taxes and pay US taxes on the whole amount. Since her income was so little, her standard deduction significantly reduced my income so that I saw a tax benefit of approximately $6,000. Everyone needs to look at what is best for their tax situation and use the IRS' rules to their advantage so they pay as little tax as they are required to. All it requires is a bit of time to see which method results in the least amount of taxes paid.

Dave

Actually you file married jointly when using the 2555 (otherwise you would not include her income, and therefore cannot use it), so you still get the standard deduction for her AND can exclude her income when figuring the tax. Edited November 27, 2013 by Leon & Mylen

[Bugs 455]

What is form 2555 for?

You are allowed to exclude up to $97,000 of foreign income from your total income when figuring tax, and form 2555 is a worksheet you attach to your return when making this calculation.

[Darnell 8,478]

Thank you guys.

I spoke with a friend who is an accounting and he said jointly will benefit me the most, he just wasn't sure on the while fiancée visa thing.

And my fiancée did not work the last year so no income. How do you prove that?

And by last year, I meant 2013, sorry hehehe.

stuff to do:

1. get married within the 90 day duration of the I-94. If marry prior to 1/1/2014 - you two can file jointly for TY 2013, done in 2014.

2. chase a SSN in VISA name, anytime 14 days after the POE date, up to 76 days after the POE date, at yer local SSA office. Go back the next day, get the number or learn of other problems.

as to proving her with no income - it doesn't work that way. no income? Nothing to report on an income tax form.

[Dave&Roza 748]

Actually you file married jointly when using the 2555 (otherwise you would not include her income, and therefore cannot use it), so you still get the standard deduction for her AND can exclude her income when figuring the tax.

Yes, from a purely tax stand point you are correct, but I was looking at the ramifications of filing the AOS and ROC in a couple of years and thought by declaring her a LPR for tax purposes and including her income on our tax return was the best route for us as she had very little income. So it did cost a bit in taxes, but it did show that we were comingling our lives. As I have stated, everybody's situation is different and taxes are one thing and immigration is another and each couple needs to look at what is best for them during this process.

Dave

[Bugs 455]

Yes, from a purely tax stand point you are correct, but I was looking at the ramifications of filing the AOS and ROC in a couple of years and thought by declaring her a LPR for tax purposes and including her income on our tax return was the best route for us as she had very little income. So it did cost a bit in taxes, but it did show that we were comingling our lives. As I have stated, everybody's situation is different and taxes are one thing and immigration is another and each couple needs to look at what is best for them during this process.

Dave

My fiance moves here Dec. 24, so the way I see it, she was a permanent resident in the Philippines until then, then a permanent residence in the U.S. post-Dec. 24. She qualifies for the 2555 because she was therefore a resident in the Philippines for more than the required 330 days out of 365.