Does your spouse have to living in the USA in order to file as Married Filing Jointly?

[Migaloo 5]

My spouse lives abroad, but is not a U.S. citizen. I spoke with a tax professional that didn't know much about foreign tax returns, but he did research and he suggested to file as married filing separate. Then amending the tax return later.

 

My spouse got a SSN after arriving with a K-1 visa, but left the country so will have to file for another visa. The tax professional said my spouse would have to be living in Canada or Mexico in order to file jointly currently.

 

Can anyone confirm his advice? Him not know much about the topic makes me want to get a second opinion. Thanks

[arken 4,197]

He is clueless. If your spouse has the SSN or ITIN, then you can file MFJ regardless of where your spouse lives.

Edited January 27, 2020 by arken

[Crazy Cat 39,665]

20 minutes ago, Migaloo said:

My spouse lives abroad, but is not a U.S. citizen. I spoke with a tax professional that didn't know much about foreign tax returns, but he did research and he suggested to file as married filing separate. Then amending the tax return later.

 

My spouse got a SSN after arriving with a K-1 visa, but left the country so will have to file for another visa. The tax professional said my spouse would have to be living in Canada or Mexico in order to file jointly currently.

 

Can anyone confirm his advice? Him not know much about the topic makes me want to get a second opinion. Thanks

The tax "professional" is incorrect.  Ask him to show you a reference for that statement.......If your spouse has a SSN, then you can file a joint return.  Remember, both spouses must report world-wide income for the entire tax year if filing jointly.

[geowrian 22,336]

They (the tax professional) are incorrect. Direct them to this: https://www.irs.gov/individuals/international-taxpayers/nonresident-alien-spouse

Edited January 27, 2020 by geowrian

[DeParaquedasBrasi 228]

1 hour ago, Migaloo said:

I spoke with a tax professional that didn't know much about foreign tax returns

You yourself answered your own question by stating this. hahaha

Just an FYI, if your wife has a SSN then yes you can file married filing separately.

Also, If she doesn't live in the US then I wouldn't put her as a dependent. You can only claim dependents that live in America for that tax year.....it doesn't matter if you send her money.....thats why you file "separately and not "Jointly".

This is what H&R Block told me. 

[Crazy Cat 39,665]

9 minutes ago, DeParaquedasBrasi said:

You yourself answered your own question by stating this. hahaha

Just an FYI, if your wife has a SSN then yes you can file married filing separately.

Also, If she doesn't live in the US then I wouldn't put her as a dependent. You can only claim dependents that live in America for that tax year.....it doesn't matter if you send her money.....thats why you file "separately and not "Jointly".

This is what H&R Block told me. 

They can file a joint return.  

Edited January 27, 2020 by missileman

[geowrian 22,336]

32 minutes ago, DeParaquedasBrasi said:

Also, If she doesn't live in the US then I wouldn't put her as a dependent. You can only claim dependents that live in America for that tax year.....it doesn't matter if you send her money.....thats why you file "separately and not "Jointly".

This is what H&R Block told me. 

Filing jointly is not claiming them as a dependent. Those are completely separate issues.

[DeParaquedasBrasi 228]

Just now, geowrian said:

Filing jointly is not claiming them as a dependent. Those are completely separate issues.

 

27 minutes ago, missileman said:

They can file a joint return.  

Thank y'all for clarifying this. I guess H&R Block didn't clarify those details to me. The more you know eh? 

[Migaloo 5]

10 hours ago, arken said:

He is clueless. If your spouse has the SSN or ITIN, then you can file MFJ regardless of where your spouse lives.

Thanks! This is what I had understood. I also believe already having an SSN will make it easier.

 

 

10 hours ago, missileman said:

The tax "professional" is incorrect.  Ask him to show you a reference for that statement.......If your spouse has a SSN, then you can file a joint return.  Remember, both spouses must report world-wide income for the entire tax year if filing jointly.

Thanks. I asked and he said he had called the IRS. But I have doubts that he has done that.

 

My spouse would have made an equivalence of less than $4,000 in 2019. I earned more than $100,000 so I am thinking it will be advantageous to file jointly.

 

 

10 hours ago, geowrian said:

They (the tax professional) are incorrect. Direct them to this: https://www.irs.gov/individuals/international-taxpayers/nonresident-alien-spouse

Thank you for the link.

 

 

9 hours ago, DeParaquedasBrasi said:

You yourself answered your own question by stating this. hahaha

Just an FYI, if your wife has a SSN then yes you can file married filing separately.

Also, If she doesn't live in the US then I wouldn't put her as a dependent. You can only claim dependents that live in America for that tax year.....it doesn't matter if you send her money.....thats why you file "separately and not "Jointly".

This is what H&R Block told me. 

Hahaha. I am starting to feel like the tax professional did not want to assist me and so gave me that response. I have never used him before.

 

 

9 hours ago, missileman said:

They can file a joint return.  

I will do so. Thanks!

[ThomasNC1988 762]

22 hours ago, DeParaquedasBrasi said:

 

Thank y'all for clarifying this. I guess H&R Block didn't clarify those details to me. The more you know eh? 

Stop wasting money at H&R Block. They are Tax professionals like the guy working in the meat department at Wal-mart is a butcher. That is to say they are not.