J-1 Visa TAX Question

P

palciparum

Registered Users (C)
I came here on J-1 and first year I filed my tax return as Single. Then I got married but in 2nd year my CPA filed it again as single. I am worried if during my visa interview they ask for tax paers, they can ask why did I file as single when I am married. MY wife is here on J-2 but is homemaker.

My CPA said he will see this year if I have no tax benefit as filing married, then I should file as single.

I want to know even if I dont have tax benefit, should I file it as MArried or Single..or it doesnt make a difference...dont wnat to get into trouble as later have to go for more visa interviews.

Thnx
 
As a non-resident, you cannot file a joint return, so filing as Single is fine. If you have been in the U.S. for more than five years, you can file as resident for tax purposes. In that case you should not file as Single, but you have the choice between filing jointly or separately, although in most cases filing jointly is more beneficial.
 
In New York State, after 2 years of being in J visa status, one is considered a resident and can file as married filing jointly. It saves a lot of tax and if eligible for refund, you can get a hefty sum. If you are based in another state, please check if the same rule applies. I suppose, for federal return, the rule should be the same all over the US. In my case, there was a lot of increase in tax refund between when we had to file as single (even though we were married) in the first 2 years of our J status, and after the 2 year period, when we were considered as residents and allowed to file jointly. Do take advantage of this rule.
Good Luck
 
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