H4 to F1 and remarried, what status for taxes?

M

mkmasg

New Member
I have filled joint tax return for the past 3 years. My ex-husband is H1b and I was H-4 when we did this. Of course, I did not haver any earnigs, and he supported me.

We got separeted and I got F1 in March 2006, we got the divorce oficially in October 2006.

Then I re-married :) to us-citizen on December 2006. But during that year, my current husband have support me economically and we lived together.

I also applied fot my opt and I'm waiting for that.



1- Now, I want to know what status should I use to fill the taxes for 2006?.



2- Since my current husband supported me the entire year, should we filled joint tax return together, even when I technically was married to my ex-husband during the first 10 months of the year?.



3- Does my F-1 affects the way I should fill my taxes?



I will really appreciate if you have some experience with this.



Thank you

mkmasg
 
hhmmm, it's a good one. For immigration purposes you have to file jointly with your new husband. If I were you I'd consult a tax specialist.
 
If you file with your USC husband, he being the head of the household, your taxes will be filed as resident. Resident defined by IRS for filing purposes is different than USCIS definition. See www.irs.gov for details on resident definition1) Either a PR (Green card holder) or have 2) had a certain amount of continuous stay in US.

But, please check with a tax person when you file. If you already have started your AOS for becoming a U.S. permanent resident, your status will be AOS pending ( which can be used as resident for tax purposes).
 
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