Can I file my taxes as married filing jointly

L

lakshmi_H

Registered Users (C)
My husband was deported a while ago.
I filed my 2k8 taxes as married filing separately.
After doing some searches in IRS's website I found a link which says that if you're a USC or resident and you're married you can include your non-resident spouse and file married filing jointly.
I couldnt find anything related to specific category of non-residents or anything related to a deported person.

My question is: does anybody know if I can file jointly on 2009 since my husband has a SSN from the time he was here.


Any thoughts?
 
Since you are filing a 1040 and are married, you can file jointly. Of course, all your spouses world income must be reported.
 
My husband actually hasnt been able to find work yet cause its so difficult and I am supporting him by sending him many each months
is that still ok to file married jointly?

also is there any IRS link or USCIS link that talks about this cause if I do this next year I want to make sure I amd following the proper IRS rules and tx laws?
 
IRS Publication 519 describes the situation where one spouse lives in US (ie. is a resident alien or USC) and the spouse does not. It is not a problem
 
I read the publication and you are right I can do that.

I wasnt clear about one thing though

Since my husband was in the country january and february of 2009 can I consider him a resident under substancial test?


You will be considered a U.S. resident for tax purposes if you meet the substantial presence test for calendar year 2008. To meet this test,you must be physically present in the United States on at least:

1. 31 days during 2009, and
2. 183 days during the 3-year period that includes 2009, 2008, and 2007, counting:
a. All the days you were present in 2009, and
b. 1/2 of the days you were present in 2008, and
c. 1/2 of the days you were present in 2007

I added one year since this is publication for 2008.

So am I understanding this right since my husband was in the state for the first 2 months of 2009 and the rest of the previous years I can consider him a resident and file with him both as resident.

Please let me know

Thanks
 
You have one slight mistake. You describe the test for 2009, not 2008. But, otherwise, your assessment is correct.

For 2010 and future years however, you won't be relying on that test, but rather on the election to treat spouse as resident, which requires you to both report world income and to provide letter indicating that you make this choice.
 
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