Please help us out!

[sydney424 1]

Hello,

my wife is here in the US on a fiancé visa and all of the affidavits have been filled out to say that I am the one financially responsible for her and all of that. Now that we are doing taxes I am wondering if I am supposed to claim her as a dependent??? I’ve also heard that you can’t claim a spouse. But the legal paperwork for her visa and upcoming green card says that I am financially responsible for her. Please help me figure this out!

Thank you so much!

[Just Paul 4,591]

4 minutes ago, sydney424 said:

Hello,

my wife is here in the US on a fiancé visa and all of the affidavits have been filled out to say that I am the one financially responsible for her and all of that. Now that we are doing taxes I am wondering if I am supposed to claim her as a dependent??? I’ve also heard that you can’t claim a spouse. But the legal paperwork for her visa and upcoming green card says that I am financially responsible for her. Please help me figure this out!

Thank you so much!

No you can't claim her as a dependant.

 

Too bad you don't have a timeline filled out. 

 

Were you married on or before Dec 31, 2019?

 

If you were does she have a SSN?

 

 

[sydney424 1]

1 minute ago, Paul & Mary said:

No you can't claim her as a dependant.

 

Too bad you don't have a timeline filled out. 

 

Were you married on or before Dec 31, 2019?

 

If you were does she have a SSN?

 

 

Yes, we were married in September of last year, and she does have her SSN

[Just Paul 4,591]

1 minute ago, sydney424 said:

Yes, we were married in September of last year, and she does have her SSN

You can file Married Filing Jointly or Separately 

 

Does she have foreign income for last year?

 

When did she enter?

[sydney424 1]

Just now, Paul & Mary said:

You can file Married Filing Jointly or Separately 

 

Does she have foreign income for last year?

 

When did she enter?

She entered the US in the beginning of July, at which time she stopped her job.

[Fe.Ta 857]

6 minutes ago, Paul & Mary said:

No you can't claim her as a dependant.

 

Too bad you don't have a timeline filled out. 

 

Were you married on or before Dec 31, 2019?

 

If you were does she have a SSN?

 

 

Thank you for your response.  I did not know this information.  Why can't we claim a spouse as a dependent?  Especially if they are not working?  I will be working through an accountant anyways, but I was just curious to know.  Also, if they did not have any income in 2019 (even back home) do they need to file taxes?  We got married August 2019 and he has had a SSN since July-August.

[Just Paul 4,591]

1 minute ago, sydney424 said:

She entered the US in the beginning of July, at which time she stopped her job.

So this link might help out a bit.  https://www.hrblock.com/tax-center/filing/personal-tax-planning/filing-taxes-when-married-to-non-us-citizen/

 

Sometimes it makes sense to use a tax preparer for the first year especially if there is foreign income.

[Just Paul 4,591]

3 minutes ago, Fe.Ta said:

Why can't we claim a spouse as a dependent?

https://www.hrblock.com/tax-center/filing/dependents/can-you-claim-your-spouse-as-a-dependent/

 

If you file jointly (assuming they have a SSN) you get the larger standard deduction.   No SSN means you are filing Married Filing Separately.  You can pay the taxes as MFJ and do an extension OR amend the return later.

 

There are threads about this in detail over on the taxes forum.

[Fe.Ta 857]

29 minutes ago, Paul & Mary said:

https://www.hrblock.com/tax-center/filing/dependents/can-you-claim-your-spouse-as-a-dependent/

 

If you file jointly (assuming they have a SSN) you get the larger standard deduction.   No SSN means you are filing Married Filing Separately.  You can pay the taxes as MFJ and do an extension OR amend the return later.

 

There are threads about this in detail over on the taxes forum.

Thank you! Even if the SSN is good for work only for now until wait for EAD? I am assuming you say “pay taxes” in the case that it would be applicable (it may not), right?

[Just Paul 4,591]

2 hours ago, Fe.Ta said:

Thank you! Even if the SSN is good for work only for now until wait for EAD? I am assuming you say “pay taxes” in the case that it would be applicable (it may not), right?

Filing jointly should reduce your overall tax. In order to file jointly, your spouse needs a SSN.   The EAD status is not relevant to filing a tax return.  Without the EAD the spouse should not be working. 

 

Just file Married filing Separately if that is too complicated for you.

[Greenbaum 12,258]

3 hours ago, sydney424 said:

Hello,

my wife is here in the US on a fiancé visa and all of the affidavits have been filled out to say that I am the one financially responsible for her and all of that. Now that we are doing taxes I am wondering if I am supposed to claim her as a dependent??? I’ve also heard that you can’t claim a spouse. But the legal paperwork for her visa and upcoming green card says that I am financially responsible for her. Please help me figure this out!

Thank you so much!

 

I filed Married filing jointly and had no problems with my taxes.

[JFH 12,189]

*~*~*moved from “K-1 fiancé visa progress reports” to “taxes and finances”*~*~*

[Wuozopo 4,285]

19 hours ago, sydney424 said:

Now that we are doing taxes I am wondering if I am supposed to claim her as a dependent??? I’ve also heard that you can’t claim a spouse. But the legal paperwork for her visa and upcoming green card says that I am financially responsible for her. Please help me figure this out!

 

19 hours ago, Fe.Ta said:

Thank you for your response.  I did not know this information.  Why can't we claim a spouse as a dependent?  Especially if they are not working?  

I think this is a terminology confusion issue. A spouse is not called a dependent. That would typically be your kids who qualify as dependents. And the old thing stuck in people’s heads is you get more money off your taxes for every dependent. In 2019 your income will be reduced $12,200 filing by yourself and $24,400 if you file jointly with your spouse. So yes, you get a tax advantage for the spouse, but she is called a joint filer, not a dependent.  

[Sarge2155 4,570]

17 hours ago, Greenbaum said:

 

I filed Married filing jointly and had no problems with my taxes.

I filed the same way and had no issues.

[LoveAlways2 90]

19 hours ago, Paul & Mary said:

Filing jointly should reduce your overall tax. In order to file jointly, your spouse needs a SSN.   The EAD status is not relevant to filing a tax return.  Without the EAD the spouse should not be working. 

 

Just file Married filing Separately if that is too complicated for you.

If your spouse doesn't have a ssn yet they can request an ITIN number from the IRS in order to be able to do taxes married filling jointly and get the highest deduction as well. 

 

more info on ITIN here: https://www.irs.gov/individuals/individual-taxpayer-identification-number