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baze92

Will be legally married late 2020. Can i file taxes jointly?

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Filed: K-1 Visa Country: Thailand
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Hey all.

 

My Fiance and are I planning to get legally married late this year (we will have the wedding with guests probably 2021). For those of you who have been in this situation, can i file jointly for 2020 taxes next year? What are the laws regarding filing jointly when marrying a foreigner? Is it not possible until they get the green card?

 

Additionally, if I am able to file jointly before she gets her green card, do we have to be married for majority of the year (we wouldn't get married until sep/oct).

 

Thanks!

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For 2020 you can file taxes and it can be jointly if she has a SSN.   Get the SSN as soon as she arrives.

 

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March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

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You can file jointly for tax year 2020 if your spouse has a Social Security number or an ITIN.......Marriage must take place on or before Dec 31, 2020......


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Look at this thread:  

 

 

.

 


March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

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6 minutes ago, baze92 said:

Trump just added more bad news to the mix. If I file jointly I won't get my $1200 stimulus check credit (Didn't get it this year because I have not filed 2019 taxes yet and 2018 income was too high).

File 2019 and you can get it based on income.   Otherwise if you spouse has a ssn, and depending on income, you can take the credit X 2 on 2020.


March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

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4 minutes ago, baze92 said:

Do you know if I can still get it if I file 2019 taxes? I was under the impression it's too late to do so. 

Probably.   My wife e-filed on 4/6 and got a $1200 deposit on last tuesday.  She hasn't gotten her $800 refund yet.  We file separately.

5 minutes ago, baze92 said:

Also - according to this article  I can no longer get the $1200 tax credit for 2020 if I file jointly with my (immigrant) wife.

She has to have a ssn for both of you to get a credit if you file jointly.   (It is in the last sentence of the first paragraph)  Also the author is an idiot as you can not file jointly without both having a SSN (or ITIN).

 

It is possible for you to get it based on 2019 and her on 2020 


March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

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8 minutes ago, baze92 said:

Ahhh good find. So as long as she has a ssn (which she will once married), we should get the credit

DO NOT WAIT until getting married before getting the ssn. Go to the SSA Office.  Get it in the first two weeks of being here.  Absolutely get it done. If will save tons of hassle later.


March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

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19 minutes ago, baze92 said:

she should get the  $1200 stimulus as well?

Yes, she just needs to file tax year 2020.  Technically it will be a credit on the return.  Cash is only based on the later of 2018 or 2019 returns filed.


March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

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Filed: Citizen (apr) Country: England
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10 hours ago, baze92 said:

Additionally, if I am able to file jointly before she gets her green card, do we have to be married for majority of the year (we wouldn't get married until sep/oct).

 You can get married on New Years Eve and just be married a few hours in 2020 and file a joint return.  It’s your marital status on the last day of the year. 

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Filed: IR-1/CR-1 Visa Country: China
Timeline
Posted (edited)
14 hours ago, baze92 said:

Hey all.

 

My Fiance and are I planning to get legally married late this year (we will have the wedding with guests probably 2021). For those of you who have been in this situation, can i file jointly for 2020 taxes next year? What are the laws regarding filing jointly when marrying a foreigner? Is it not possible until they get the green card?

 

Additionally, if I am able to file jointly before she gets her green card, do we have to be married for majority of the year (we wouldn't get married until sep/oct).

 

Thanks!

I had the same question, only we were married February 2019. In order to file jointly I had fill out a form W-7(a form requesting a temporary tax identification number), submit a document stating why your spouse needs a temporary tax identification number, and send all of your tax papers to the IRS Austin Service Center as they are the office that handles temporary tax identification numbers. You can google IRS Austin Service Center to get the address. 
You can go to IRS.gov and find what you need.

Edited by scudderb56

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