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How should we file our taxes? I'm a new permanent resident with no income and my wife has always filed her taxes individually.

Fort Worth, TX |

I was on a F-1 Visa and not working for the past three years and married US citizen in August. Got my Green card in December. I am currently finished with school and have no income (unemployed) nor did I for 2013. I have no SSN but was issued some sort of # on a 1098-T tuition statement. How should my wife file her taxes? She supports me as things stand and did throughout 2013. She has always filed as single but how do we file taxes now?

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Attorney answers 2


Because you wife is now married, she can file Married Filing Separate or Married Filing Joint. Because you are now married, and a US Resident since December, you can file a dual status return Form 1040NR as Married Filing Separate for part of the year you were a nonresident and Form 1040 for the part of the year you were a resident, or elect with her to file a Married Filing Joint return. Other facts, such as do you have any or much foreign source income, may affect her and your choice. Other factual issues may be pertinent to your choice, so you may benefit from consulting about your situation with a knowledgeable practitioner.

This information is provided for educational purposes only, and is not to be relied upon as legal advice. You should consult with an attorney with full disclosure of all facts and opportunity to consider all or alternative options.


I completely agree with Mr. Buck. Your situation is complicated and should be addressed in person with a qualified tax advisor.

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