Tax returns Q for spouses of USC
Guys, all of you spouses of USC. As far as I can understand from IRS regulations spouses of USC (still AOS) should file Joint Tax Returns with their USC spouse the year following the marriage and considered as residents for tax purposes (even if case is pending and no green card yet). Correct me if I am wrong?
Sorry for the side question, but the biggest group in this situation I can find here. Thanks.
This is a very tricky topic so Im going to generalize some things and omit few datils.
Generally speaking, one becomes a US permanent resident for tax purposes after 6 months of residence reardless of his/her immigration status. IRS has its own rules, separate from INS.
Regarding joint filing - file together the first tax return after the marriage.
Even if the spouse doesnt work and would not be required to file a return otherwise, its much better to file a joint return. Why? Several thousand dollars saved on taxes depending on your income ... you do the math.
Yap, I know INS and IRS regulations concerning residency are different.Just wanted to make sure. Thanks
One more question. I was J-1 by the time we got married and filed for AOS in June 2004. J-1 is one of the categories you cant count days of presence to meet the residency test. Since everything changed in June IRS wants also some kind of explanation of the change of the situation when we file the joint tax return in 2005. Is it plain text letter, INS notices for 485/130, marriage certificate or anything else?
I dont understand your question