Urgent Tax Question: File with Wife or Not?

[AsyleeTravel]

Hi,

Quick question from tax procrastinator ;-) I am a PR who will be eligible for citizenship in May 2008, and my wife (we got married in Dec 2006) is here as a student on a F-1. Do I file 2006 taxes with her as a dependent (i.e. file under married status) to show eligibility for her GC next year ? Or would that create a problem?

Thanks for the help!

 

[TheRealCanadian]

I am a PR who will be eligible for citizenship in May 2008, and my wife (we got married in Dec 2006) is here as a student on a F-1. Do I file 2006 taxes with her as a dependent (i.e. file under married status) to show eligibility for her GC next year ? Or would that create a problem?

You could file MFS (Married Filing Seperately) but you probably will be better off filing MFJ (Married Filing Jointly). Either way, it shouldn't cause a problem. The only possible wrinkle is whether as an F-1 she can be a US tax resident; you may need to do MFS.

 

[AsyleeTravel]

You could file MFS (Married Filing Seperately) but you probably will be better off filing MFJ (Married Filing Jointly). Either way, it shouldn't cause a problem. The only possible wrinkle is whether as an F-1 she can be a US tax resident; you may need to do MFS.

Thanks TheRealCanadian! My main concern was to see if this would be ok when I file for her GC next year ..... is it better to be married and have filed taxes together before then or better to show marriage happened legally in the U.S. by going to a marriage court at that point? I just don't want to raise any issues then since we got married back in India in December last year so we are officially married but are choosing to wait unti I after I become a citizen to file for her GC.

I didn't even think about her F-1 status precluding her from filing as a US Tax resident, even though I have filed as a tax resident when I had income both on a F-1 and a H-1.