Filing taxes? Just married on K1, but no Greencard.

[H & J 1]

I'm not sure if I'm posting this in the right place, but had a question regarding how to file for taxes now that we are a married couple- we're finding this a bit confusing!

My husband has his work authorization document (EAD), and is applying for his SSN today- We plan to file taxes once his new card comes through. However, he has not received his greencard/adjustment of status yet, and doesn't expect to for several more months.

Does he need to use the Nonresident Alien tax form even though he has not been allowed to work on his K1 visa, with us then "married and filing separately", or can I apply for the both of us as "married and filing jointly?"

We're hoping to not go through an accountant, but will do that if it ends up being too tricky.

Thanks!

[Zedayn 485]

When were you married? If you were married this year, you cannot file married with your husband. In order to qualify for filing married, you need to have been married by Dec 31, 2013.

Edit: I just saw that your husband has his EAD card already so assuming you were married last year. I believe you can just file married filing jointly with him, and just use his SSN. The fact he has not been able to work shouldn't matter.

Edited January 31, 2014 by Zedayn

[jenny8 8]

Read the instructions for the 1040NR and it tells you that you can file jointly and treat your spouse as a permanent resident for tax purposes even if they do not have EAD or a Greencard yet. You will need to write a statement to that fact to attach to the return. I found it under the what you can do for the first year part.

Edited January 31, 2014 by jenny8

[Pitaya 2,577]

~Moved from K-1 Process to Working and Traveling During US Immigration Forum~

~Inquiry about taxes/EAD/GC are often discussed in this forum, not K-1~

[H & J 1]

Thank you both, that is helpful!

Read the instructions for the 1040NR and it tells you that you can file jointly and treat your spouse as a permanent resident for tax purposes even if they do not have EAD or a Greencard yet. You will need to write a statement to that fact to attach to the return. I found it under the what you can do for the first year part.

When were you married? If you were married this year, you cannot file married with your husband. In order to qualify for filing married, you need to have been married by Dec 31, 2013.

Edit: I just saw that your husband has his EAD card already so assuming you were married last year. I believe you can just file married filing jointly with him, and just use his SSN. The fact he has not been able to work shouldn't matter.