Filing taxes 2019 with or without new spouse

[VALU 55]

Hi guys.... I think I would get a bigger refund if I file "married filing separately". My husband started working in the USA in June 2019. He arrived in the USA on February 9th, 2019 so he has a conditional greencard. Do we need to file joint taxes or can we file separately as married without jeopardizing the permanent greencard application? We have a child together who was born recently in the USA. We have a joint credit and checking account. We also have a joint car insurance and we are both on our apartment lease. Isn't that enough evidence that we are a family?

[landy88 16]

9 minutes ago, VALU said:

Hi guys.... I think I would get a bigger refund if I file "married filing separately". My husband started working in the USA in June 2019. He arrived in the USA on February 9th, 2019 so he has a conditional greencard. Do we need to file joint taxes or can we file separately as married without jeopardizing the permanent greencard application? We have a child together who was born recently in the USA. We have a joint credit and checking account. We also have a joint car insurance and we are both on our apartment lease. Isn't that enough evidence that we are a family?

If you are married you must file together. If you file married filing separately you will not get nothing back. 

[Crazy Cat 39,192]

In your situation, your family  would almost certainly benefit from filing jointly.........you should compare the calculation for the taxes for BOTH spouses filing separately versus filing a joint return.......then make your decision.......or consult a competent tax preparer.

 

 

7 minutes ago, landy88 said:

If you are married you must file together. If you file married filing separately you will not get nothing back. 

That is incorrect........Any married couple can file as "Married filing separately" if they want.

Edited January 9, 2020 by missileman

[geowrian 22,335]

4 minutes ago, landy88 said:

If you are married you must file together. If you file married filing separately you will not get nothing back. 

No requirement to file jointly versus separately. It's solely a personal financial decision.

That said, filing jointly usually provides a lower tax liability.

[landy88 16]

10 minutes ago, missileman said:

In your situation, your family  would almost certainly benefit from filing jointly.........you should compare the calculation for the taxes for BOTH spouses filing separately versus filing a joint return.......then make your decision.......or consult a competent tax preparer.

 

 

That is incorrect........Any married couple can file as "Married filing separately" if they want.

Yes they can, but they will not get as much as money if they file "married filing seperately" you better of filing "head of household".

[Crazy Cat 39,192]

25 minutes ago, VALU said:

We have a joint credit and checking account. We also have a joint car insurance and we are both on our apartment lease. Isn't that enough evidence that we are a family?

If you are referring to evidence of a bona fide marriage for Removal of Conditions - 2 year Green card, you might want to review the ROC guide on this web site and ask any questions in that forum.

[Crazy Cat 39,192]

2 minutes ago, landy88 said:

Yes they can, but they will not get as much as money if they file "married filing seperately" you better of filing "head of household".

"Head of Household" is not a valid filing status for the OP.......one condition for HOH filing is that the couple must have lived apart for the last 6 months of the tax year......

Edited January 9, 2020 by missileman

[geowrian 22,335]

6 minutes ago, landy88 said:

Yes they can, but they will not get as much as money if they file "married filing seperately" you better of filing "head of household".

HOH is not possible for the OP. That requires living apart for at least the last 6 months of the tax year.

Edited January 9, 2020 by geowrian

[Crazy Cat 39,192]

https://www.efile.com/irs-head-of-household-tax-filing-status/

Edited January 9, 2020 by missileman

[landy88 16]

1 minute ago, geowrian said:

HOH is not possible for the OP. That requires living apart for at least the last 6 months of the tax year.

I know that, but she wants to know if she will get a bigger refund by filing "Married filing separately" and she wont.  

[Crazy Cat 39,192]

5 minutes ago, landy88 said:

I know that, but she wants to know if she will get a bigger refund by filing "Married filing separately" and she wont.  

In the case of the OP, filing jointly generally results in a lower tax liability.  But filing HOH is not applicable here.

Edited January 9, 2020 by missileman

[geowrian 22,335]

1 minute ago, landy88 said:

I know that, but she wants to know if she will get a bigger refund by filing "Married filing separately" and she wont.  

1) Her question did not ask anything about getting a bigger refund.

2) Probably (most likely). Not always - depends on the circumstances.

[VALU 55]

1 hour ago, missileman said:

In your situation, your family  would almost certainly benefit from filing jointly.........you should compare the calculation for the taxes for BOTH spouses filing separately versus filing a joint return.......then make your decision.......or consult a competent tax preparer.

 

 

That is incorrect........Any married couple can file as "Married filing separately" if they want.

Thank you for that insight. I will compare and see which option gives me a higher refund.

1 hour ago, geowrian said:

No requirement to file jointly versus separately. It's solely a personal financial decision.

That said, filing jointly usually provides a lower tax liability.

Lower tax liability when filing jointly? That's good to know.

Edited January 9, 2020 by VALU

[VALU 55]

47 minutes ago, missileman said:

https://www.efile.com/irs-head-of-household-tax-filing-status/

Thanks for that. I think I would qualify for head of household under point #2. My husband only started working in June so from Jan to June, I paid for everything since he wasn't working. And I make more so I have had to pay more into the family account to cover our Bill's. So I certainly qualify under #2.

[VALU 55]

44 minutes ago, missileman said:

In the case of the OP, filing jointly generally results in a lower tax liability.  But filing HOH is not applicable here.

Is it acceptable if #2 in the text you posted above applies?