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July 6, 2020
Question

I'm a US citizen & married my wife on K1 visa on Sep 2019. She arrived Aug 2019. She has SSN and work permit; still waiting on green card interview. She has not worked to avoid COVID. Suggestions on how to start tax filing?

  • July 6, 2020
  • 1 reply
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I just realized how complicated it has become to file my (now our) tax return since we are now married:

  • Am I correct in assuming I should start a joint return?
  • Are we eligible for the EIC?
  • She has not worked here in the US, as she only received her EAD/work permit in 2020, but she has worked in her country of origin in the former part of 2019 prior to moving here to the US. Are her earnings there taxable?
  • This late into the tax season, is it recommended to file for an extension to figure this all out? 

Any help and additional suggestions/information would be greatly appreciated!

    1 reply

    DavidS127
    July 8, 2020

    You have the option to treat your nonresident spouse as a resident for tax purposes by making the choice described in IRS Publication 519, U.S. Tax Guide for Aliens, designating your spouse as a resident in TurboTax, and attaching a required statement to your mailed (not-efiled) tax return.  If you make this choice, you and your spouse report your world-wide income in 2019 on a joint tax return. 

     

    Otherwise, you will need to file a Married Filing Separately tax return.  Your spouse would not need to file a U.S. nonresident tax return because she did not have U.S. income.

     

    Here is some of the Publication 519 text (click this link) describing the option to treat your nonresident spouse as a U.S. resident for tax purposes:

     

    "If, at the end of your tax year, you are married and one spouse is a U.S. citizen or a resident alien and the other spouse is a nonresident alien, you can choose to treat the nonresident spouse as a U.S. resident. This includes situations in which one spouse is a nonresident alien at the beginning of the tax year, but a resident alien at the end of the year, and the other spouse is a nonresident alien at the end of the year."

     

    To make the choice, attach a statement, signed by both spouses, to your joint return for the first tax year for which the choice applies. It should contain the following information.

    • A declaration that one spouse was a nonresident alien and the other spouse a U.S. citizen or resident alien on the last day of your tax year, and that you choose to be treated as U.S. residents for the entire tax year.
    • The name, address, and identification number of each spouse. (If one spouse died, include the name and address of the person making the choice for the deceased spouse.)
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