Pl advise for filing tax return filing status - Spouse's Rentry period is over and so is her GC

U

UAsInUsa

New Member
I have employment based Green card. Me and my spouse both got GC at the same time. My wife is still a home maker.

Because of differences of opinions she went back to India after applying Reentry permit when she was here. Things did not work out as expected. Spouse stayed more than 2 years abroad and her re-entry permit is invalid now. She is not working in India. We are now working on a mutually consent divorce. By law we are still married.

My question is:

What filing status should I use for filing tax return? Single? Married jointly or Married separately? I got confused with 1040 instructions.
NOTE: I persoanlly want to file as a single person. I dont want her name in the tax returns. I think I can't do it because we are legally not separated or divorced yet. Please correct me. I am wondering if filing the returns separetely would help?

Another important questions is about the US Citizenship. I am eligible for US Citizenship now. Any body has idea if I can do it when my spouse is not staying with me? her GC is now long invalid. How do we answer spouse related information in N400 form. I think I will ask this question in Citizenship forum.
 
You cannot file as single since you are legally married. You need to either file as MFS, or MFJ. If you file MFJ you need to declare her worldwide income, so MFS might be better for you.
 
UAsInUsa said:
NOTE: I persoanlly want to file as a single person. I dont want her name in the tax returns. I think I can't do it because we are legally not separated or divorced yet.
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Are you sure you're not legally separated? You've filed for divorce; those papers may have included filing for legal separation.

If you're not legally separated, you can still avoid putting her income on your return by filing as "married filing separately".
 
Thanks TheRealCanadian and Jackolantern all for your responses. I really appreciates it. I am going to file tax returns separately. Do you guys think this would be an issue at the time of applying CZship?

@TheRealCanadian
I have a question.. Why spouse would have to show his/her income when he/she does not have US immigrant or non-immigrant status ? Can't the married person living alone either on h1/GC/CZ provide just his income when filing jointly?

@Jackolantern
I dont understand indian legal system. Family court is trying for the mutual separation. According my lawer it is not yet a divorce case.
 
UAsInUsa said:
@TheRealCanadian
I have a question.. Why spouse would have to show his/her income when he/she does not have US immigrant or non-immigrant status ? Can't the married person living alone either on h1/GC/CZ provide just his income when filing jointly?
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No. Filing jointly requires listing the income of both persons. That's why it's called "jointly". If you don't want to involve your spouse's income, file as "married filing separately".

However, if you file jointly, there are special rules when one spouse is a US resident and the other is a nonresident. See IRS publication 519.

@Jackolantern
I dont understand indian legal system. Family court is trying for the mutual separation. According my lawer it is not yet a divorce case.
Click to expand...

So that means you're not legally separated yet, which means you have to file as "married filing separately" or "married filing jointly".
 
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