Filing Taxes for year 2018

[ykowalski 11]

Hello everyone, 

This year me (Canadian) and my wife (USC) got married but we have not filed for CR1 yet. I am doing a legal name change in Canada first to get a new passport then she'll petition for me. 

 

Obviously, her marital status is different now. The question is, how does she file?

We have a joint bank account in the US. It used to be mine at first then I added her on the account shortly before we got married, now both of our names are on the account. Please note I do not have a US Social Security Number (I have never lived/worked in the US).

A joint bank account is a good sign of legitimate marriage but not sure how it'll play for tax filing purposes. 

 

Thanks in advance. 

[Crazy Cat 39,217]

If married on the last day of a tax year, she must file as married for that tax year.....period.  Whether she wants to file as "married Filing Joint" or "Married Filing Separate" is a matter which requires more consideration...such as whether the foreign spouse has a US Social Security number/Individual Taxpayer Identification Number.  In addition, the foreign spouse's income could be a consideration when the decision of Married Filing Jointly or Married Filing Separately is made.

Edited January 8, 2019 by missileman

[Crazy Cat 39,217]

What is the date of your marriage?

 

Edit to post above:  Some circumstances allow a person to file as "Head of Household" when married

Edited January 8, 2019 by missileman

[ykowalski 11]

14 hours ago, missileman said:

What is the date of your marriage?

 

Edit to post above:  Some circumstances allow a person to file as "Head of Household" when married

We got married in August of last year in Michigan. 

[Crazy Cat 39,217]

15 minutes ago, ykowalski said:

We got married in August of last year in Michigan. 

OK......My post above applies for her filing taxes for the 2018 tax year.  She can not file as single.

[ykowalski 11]

1 hour ago, missileman said:

OK......My post above applies for her filing taxes for the 2018 tax year.  She can not file as single.

Ok. Thank you. 

I'm not sure how filing in the US works, but when she files as married, I guess she would have to include my name, but I do not have a SSN number. I do have a job in Canada and I have an income, would I have to create an ITIN and would be considered as foreign income for her?

[Crazy Cat 39,217]

11 minutes ago, ykowalski said:

Ok. Thank you. 

I'm not sure how filing in the US works, but when she files as married, I guess she would have to include my name, but I do not have a SSN number. I do have a job in Canada and I have an income, would I have to create an ITIN and would be considered as foreign income for her?

She could file "Married Filing Separately".......she would list your name......no SSN or ITIN required for you.  She would report only her income .......Once you are a resident of the US, then I suggest you consult a competent tax professional to determine the best tax strategy for your situation.  

 

If she opts to file "Married Filing Jointly", you would need a SSN or an ITIN.......