Filing Taxes after marriage to someone here on Medical Visa

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drea900

Registered Users (C)
Hello all,

This is not an easy topic but I will try to make it as simple as possible and all help and information is very appreciative. I already understand the concept that Immigration and Taxes are separate however I still don't know what road to take.

I met my husband while he was in the US for medical treatment (he has been here for 4 years on current status). Soon after we married and he moved in with me. I have been his sole care-taker for the last 2 years and when the hospital files his visa extension, they list me as his caretaker. We are in the process of filing his immigration papers - which is a seperate issue.

As for how I file my taxes this year, do I list him as a dependent? Do I file as married? He does not have a SSN yet? He cannot work, he has no money and I provide 100% for him because of his cancer. I don’t want to if it will impede on any of the immigration documents that are in process, however I want to if I legally can. Even if I cant, what would my file type be?

Thank You for your time,
Andrea
 
Last edited by a moderator:
A spouse cannot be a "dependent". If you are married, you must file as Married Filing Jointly or Married Filing Separately (or in rare cases Head of Household, which don't seem to apply here). Married Filing Jointly is almost always better. If your spouse does not have an SSN, they need to get an ITIN to file taxes (though applying for it can be somewhat of a hassle).
 
After reading all of the documenation on applying for an ITIN it seems the process can take 8-10 weeks and I cannot e-file my returns the same year I apply for one.

Can I just apply as head of houshold until next year when he has a SSN?
 
drea900 said:
After reading all of the documenation on applying for an ITIN it seems the process can take 8-10 weeks and I cannot e-file my returns the same year I apply for one.

Can I just apply as head of houshold until next year when he has a SSN?
Click to expand...
Instead of e-filing, you can mail your returns along with filled out form W7 for ITIN.
 
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