Social Security Name Change_Filling Tax Return as 'married jointly'

[ralitzat 0]

Hello,

I would appreciate if anyone could help me and my husband figure out what we need to do when filling out our tax return this year.

I'm not a US citizen and live outside the USA. We're wondering how to do our taxes - 'married jointly' or 'married separately'.

I do have a social security number as I have worked in the States before. But one thing we find confusing is that since we married, I changed my last name on all of my IDs (passport, etc.) in my home country. However, my US social security card has my maiden name on it.

I don't think it's possible to change the name on the card (!?) So, we don't know what name we should put on the tax return forms.

Also, when filling out I-130 and any other future forms, will I be required to change my name on the Social Security card? Since I'm not a US resident, what documents should we provide for the name change?

Thanks for your help.

[rin and john 71]

For filing taxes, the USC can file either MFJ or MFS. If they file MFS, then the foreign spouse does nothing. To file MFJ, the foreign spouse must elect to be treated as a "resident" for tax purposes (do not confuse resident for tax purpose and resident for immigration purposes, they are separate issues).

http://www.irs.gov/Individuals/International-Taxpayers/Nonresident-Spouse-Treated-as-a-Resident

If you elect to have the foreign spouse treated as a resident for tax purposes, their foreign income is subject to US tax and must be included on your tax return. If you have foreign income, you also file a foreign income exclusion (Form 2555) to exclude up to $97,600 of foreign income from tax.

http://www.irs.gov/Individuals/International-Taxpayers/Foreign-Earned-Income-Exclusion

Unless the foreign spouse made substantial foreign income, it is normally best to file MFJ versus MFS. Calculate it both ways and file whichever way gives you the lowest tax bill/greatest return.

I do not know about the name issue on the SSN. If it were me, I would use the SSN and include a copy of my marriage certificate indicating the name change.

[ralitzat 0]

Thank you very much for your respond.

We will file MFJ and I'll be treated as a US resident for the tax purposes.

The only issue I see with that is the name on my Social Security card which is currently with my maiden name on it. And since I've changed my last name, and my legal name is the same as my husband's now that will cause a mismatch in the system (IRS / SSA). Also, when submitting
I-130, there will be the same issue.

I'm not sure if attaching the marriage certificate along with the tax return forms is the right way to do this (showing that I've changed my name). We still haven't found anyone from the SSA to give us an advise what to do in this case.

Thanks again for your help!