even she is not us citizen yet
2007-07-30 06:58:08 · 5 answers · asked by roger_varnadore 1 in Business & Finance ➔ Taxes ➔ United States
also she is not a citizen yet, and she had no income apart from me so can we file jointly if she has nothing to report or do i have to file married and seperately
2007-07-30 07:12:40 · update #1
No, she is your wife, so you have to file either as married filing jointly or married filing separately.
2007-07-30 07:05:20 · answer #1 · answered by Anonymous · 1⤊ 0⤋
Normally not. If you lived apart for all of the last half of the tax year and paid the cost of maintaining a home for one or more dependents such as a child or elderly parent you may be able to file as Head of Household.
Otherwise you will have to file as Married. You can file a joint return with your non-resident alien spouse if she agrees to have her world wide income subject to US taxation. If she does not agree to that, you must file Married Filing Separately.
2007-07-30 14:03:32 · answer #2 · answered by Bostonian In MO 7 · 0⤊ 1⤋
The fact that you are supporting your nonresident alien spouse will not affect your filing status.
Who is living in your household? If a relative, such as a child, parent, grandparent, (there are others that qualify as well), then it may be possible for you to be treated as unmarried for tax purposes, and file as Head of Household.
When you have a nonresident alien spouse, you can treat the spouse either as a resident or noresident. If you choose to treat her as a nonresident, then you are considered unmarried for Head of Household purposes. If you have a dependent relative living in the home you maintain, you may file as Head of Household.
IRS details are here:
http://www.irs.gov/businesses/small/international/article/0,,id=96729,00.html
Added later: If you choose to have your spouse treated as a resident, just file a joint return with her. She will need an ITIN. Here is the document describing what needs to be done:
http://www.irs.gov/individuals/article/0,,id=96287,00.html
2007-07-30 14:15:58 · answer #3 · answered by ninasgramma 7 · 1⤊ 1⤋
I would say no because she would have to be a US Citizen too otherwise you would just file married filing separately. You probably get more back too when you file separately.
2007-07-30 14:05:33 · answer #4 · answered by Anonymous · 0⤊ 1⤋
If she is not a US citizen, she is not required to pay US taxes so you wouldn't be allowed to file as married. If you have children, you can file as head of household.
2007-07-30 14:03:01 · answer #5 · answered by Andrea B 3 · 0⤊ 5⤋