us citizen now, do i still have to file my taxes jointly?

[vivfran 59]

Hi everyone,

 

I became a U.S. citizen last year through the 3 year marriage green card process. I know that when you are a resident you have to file jointly in your taxes but now that I am u.s. citizen and my spouse is also a u.s. citizen, do we have to file jointly or can we file separately?

 

Thanks in advanced! 

[Crazy Cat 39,267]

You don't have to file either jointly or separately as an LPR or as a citizen.  As an LPR or as a citizen, You can file either jointly or separately. Filing status should be based on the better strategy for you.   I think you need to speak to a competent tax pro. 

***Moved to Taxes and Finance during US Immigration***

[Crazy Cat 39,267]

13 minutes ago, vivfran said:

I know that when you are a resident you have to file jointly in your taxes

That is not accurate.   My wife and I filed separately for the first year she became a Green Card Holder.  We did so in order to reduce our tax liability when she was an LPR for only part of the year.   Had we filed jointly, we would have been liable for taxes on her income for the entire tax year.

Edited January 26 by Crazy Cat

[OldUser 4,820]

7 minutes ago, vivfran said:

Hi everyone,

 

I became a U.S. citizen last year through the 3 year marriage green card process. I know that when you are a resident you have to file jointly in your taxes but now that I am u.s. citizen and my spouse is also a u.s. citizen, do we have to file jointly or can we file separately?

 

Thanks in advanced! 

In most cases, you would get larger tax return by filing jointly. However, there are situations where filing separately may be better. It's more of a question for a CPA.

[Model4Life 12]

9 minutes ago, OldUser said:

Filing jointly is not a requirement for I-751. If you have other good evidence, it may be OK to file MFS.

Really? I thought both of you not filing jointly especially for the first year of being married is something Immigration officers frown upon 🤔

[OldUser 4,820]

1 hour ago, Model4Life said:

Really? I thought both of you not filing jointly especially for the first year of being married is something Immigration officers frown upon 🤔

Well, if you guys bought a house together, had a kid, use joint bank accounts for most of transactions, share medical and other insurances, have wills in each other names... Then filing separately is not a thing. My example is exaggerated, but you get the point.

[top_secret 2,063]

On 2/3/2024 at 7:04 PM, Model4Life said:

Really? I thought both of you not filing jointly especially for the first year of being married is something Immigration officers frown upon 🤔

 

Filing separately most commonly would not make financial sense for a married couple.  There are exceptions and unusual circumstances but most often filing separately would represent a conscious choice to pay MORE taxes and receive a smaller return in order to keep finances separated.  If that were the case, I could see why an an immigration officer might question why a married couple would chose to pay more.  If there were a good explanation or circumstances than made sense than it shouldn't be a problem.