I live in US on H1 visa, working in one the tech company in San Jose. I am getting married on 23rd December. My spouse is in India, she works there and has never been to US. I would like to know if I can file my tax as "married filling joinlty" even though she doesn't enter US before 31st December 2013.
Also, will it be an advantageous (more tax return) if she enter US before December 2013.
Also, will it be an advantageous (more tax return) if she enter US before December 2013.
Answer:
It depends; as long as you are a US resident for tax purposes UNDER the IRS rule, then you can file your return as MFJ or MFS as long as you elect to treat your spouse in India as a resident for tax purposes. In this case(if you file your return as MFJ with your spouse in India, then your spouse MUST report her income that she earns in India to the IRS/your state). OR as she has no taxable income that she earns in US, she doesn’t need to file her return, then you may file your US return as MFS.
As your non-citizen spouse is legally married to you, you can file as married, I mean, either MFJ or MFS as said, if you were married as of Dec. 31 of the year for which you pay taxes. However, UNLESS you file your return as MFJ, I do not think it is advantageous if she enters US before Dec 31 , 2013; however, as long as you file your return as MFJ, then, you might arrange your wedding date(Dec 2013 vs Jan 2014) to...Read more...
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