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As a US citizen, how will marrying an unemployed non US citizen (International student F-1 Visa) affect me when filing my Taxes?

Dallas, TX |

I am about to marry my British Fiance who is here in the U.S on a student Visa (f-1) and he does not work. As a result we have a sole income and I was wondering how I would file my taxes in future. He has no SSN does and not file taxes here.

Attorney Answers 3


You will have to file as either Married filing Jointly or Married filing Separately. There are different tax consequences to each category, so I recommend speaking to a CPA. Generally, however, there are greater tax deductions and credits available to married couples, but you need CPA advice to avoid the so called marriage penalty.

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I agree with my colleague - consult a CPA on which is the most advantageous status in which to file. As far as the lack of a social security number goes, there are two ways to deal with that. Your spouse can simultaneously apply for an ITIN (Individual Taxpayer Identification Number) when you file your joint return, or you can simply petition for your spouse simultaneously with an application to adjust status and for work authorization. Once your spouse receives his work authorization card, he can apply for a social security number at a local social security office. All of this is assuming your spouse is adjustable here in the United States and this is what you want to do. You should contact a qualified immigration attorney for assistance and guidance through this process - I have attached a lawyer search link for you below. Best of luck to you and congratulations on your impending marriage.

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I agree with my colleagues.

Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.

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