Jump to content
Nelly Ann Sanchez

Question - Married filing jointly or separate - Federal vs State Taxes

5 posts in this topic

Recommended Posts

Filed: IR-1/CR-1 Visa Country: Brazil
Timeline

Hi, I'm a US Citizen, my husband is currently a Non-Resident Alien. As I'm filing my taxes (and this will be part of our AOS process), I see that I'm able to file the Federal Tax as "married filing jointly" and the State Tax from Massachusetts does not let to file as "married filing jointly". Has anyone got a similar issue? I'm searching for advice on how is the proper way to file the taxes. 

 

Thank you in advanced!!

Share this post


Link to post
Share on other sites

To file a federal joint return, your husband must have either a Social Security number or an ITIN.  Otherwise, you can file "Married- Filing Separately"..... or "Head of Household" under certain circumstances.  


"The immigration process demands a great deal of knowledge, planning, time, patience, and money.  A deficit in any of these areas can spell heartbreak."

   -GB, "old man of much life experience"

 

Retired 20 year United States Air Force Missileer (Retired E-8)

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

 

Share this post


Link to post
Share on other sites
Filed: IR-1/CR-1 Visa Country: Brazil
Timeline
Just now, Lucky Cat said:

To file a federal joint return, your husband must have either a Social Security number or an ITIN.  Otherwise, you can file "Married- Filing Separately"..... or "Head of Household" under certain circumstances.  

Yes - thank you for your quick response. We already have the W-7 (ITIN request form) to send to the IRS with the 1040 "Married Filing Jointly" for the Federal Tax.

 

Where I am troubled is that for State Taxes it says that if spouse did not live in Massachusetts, it can't be filed as "Married Filing Jointly".

 

any suggestions for this?

Share this post


Link to post
Share on other sites
Filed: IR-1/CR-1 Visa Country: Ukraine
Timeline

If your husband is in MA and you are going though adjustment of status, then you can file Married filing jointly.   If your husband is not in MA, then you need to file Married filing separately.

 

However, you need to wait until you have your husband's ITIN.   You can file for an extension for MA taxes until you get that number.  Alternatively, you can file as Single now and amend that tax return later, even next year, after you get your husband's ITIN.   I had to file as Single for my 2019 MA taxes and send an amended 2019 tax return after my wife received her ITIN.

Share this post


Link to post
Share on other sites
Filed: IR-1/CR-1 Visa Country: Brazil
Timeline
41 minutes ago, SteveInBostonI130 said:

If your husband is in MA and you are going though adjustment of status, then you can file Married filing jointly.   If your husband is not in MA, then you need to file Married filing separately.

 

However, you need to wait until you have your husband's ITIN.   You can file for an extension for MA taxes until you get that number.  Alternatively, you can file as Single now and amend that tax return later, even next year, after you get your husband's ITIN.   I had to file as Single for my 2019 MA taxes and send an amended 2019 tax return after my wife received her ITIN.

Thanks a lot! This was helpful. :)

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...