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Hello all,

I realize this is a bit too early to ask about tax advice since we are still 3 months ish away from tax season. However, i would like to get a headstart on this so i dont freak out later on. 

My wife came here on Dec 22nd, 2020. We did not get married until Jan 8th, 2021. For this reason, i filed single for the 2020 year tax. She came here empty handed and she did not owe/own anything back in her country. 

For my questions:
Does she need to prove for 2021 year tax that she doesnt own anything back in her own country to file joinly with me?

She is currently a homemaker, she just received her 2 year GC and currently going to school for her future career. That means she will not have any tax form, is that going to be a problem with the IRS?

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Filed: Citizen (apr) Country: Myanmar
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Proving negatives is difficult.  I don’t know how she would prove that she doesn’t have any income sourced form her home country.  I’ve never had the IRS demand of my wife or me that we don’t have income sourced from our home countries.  

Edited by Mike E
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Filed: Citizen (apr) Country: England
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10 hours ago, klam133 said:

For my questions:
Does she need to prove for 2021 year tax that she doesnt own anything back in her own country to file joinly with me?

She is currently a homemaker, she just received her 2 year GC and currently going to school for her future career. That means she will not have any tax form, is that going to be a problem with the IRS?

She does not have to prove anything to the IRS. She can file jointly with you if she has a SSN. 

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Filed: K-1 Visa Country: China
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On 11/25/2021 at 7:33 AM, Wuozopo said:

She does not have to prove anything to the IRS. She can file jointly with you if she has a SSN. 

SSN is not required.  If no TIN then you should apply for an itin.  If you were married the last day of the year, 12/31, then the optimal recommended filing status if generally MFJ and no evidence is necessary

 

You will get the benefit of lower rates with your single income now being taxed at married rates.  Congrats.

 

Also, make sure you consider whether you qualify for any educational tax credits, since she's in school and will be included on your return.

 

The IRS doesn't care about whether her home country's taxes are paid or not.  You won't need to prove anything to them.

Edited by Merica-n
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Filed: Citizen (apr) Country: England
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42 minutes ago, Merica-n said:

SSN is not required.  If no TIN then you should apply for an itin.  If you were married the last day of the year, 12/31, then the optimal recommended filing status if generally MFJ and no evidence is necessary

 

She has a greencard and it was assumed that she could arrange to get her SSN within the next 5 months (before filing deadline.)  Getting an ITIN when she is eligible for a SSN is a waste of effort.

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Filed: Citizen (apr) Country: Myanmar
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1 hour ago, Wuozopo said:

She has a greencard and it was assumed that she could arrange to get her SSN within the next 5 months (before filing deadline.)  Getting an ITIN when she is eligible for a SSN is a waste of effort.

And futile.  IRS won’t use ITINs to anyone eligible for an SSN.  https://www.irs.gov/individuals/individual-taxpayer-identification-number

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