Jump to content

6 posts in this topic

Recommended Posts

Posted

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?

Filed: Citizen (apr) Country: Myanmar
Timeline
Posted (edited)

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
Filed: Citizen (apr) Country: England
Timeline
Posted
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. 

Filed: K-1 Visa Country: China
Timeline
Posted (edited)
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
Filed: Citizen (apr) Country: England
Timeline
Posted
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.

Filed: Citizen (apr) Country: Myanmar
Timeline
Posted
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

 
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...