SINGLE MARRIED W2

Forum|Forum|7 years ago
June 1, 2019
17 replies
175 views

I got married in 2014. I came USA in Nov 2015 and for W2 in 2015, i put my marital status as 'SINGLE' as my wife was in INDIA and she did not travel to USA. I went back to India in April 2016 and again came to USA in Dec-2016. This time also my wife was in INDIA. Please let me know what status should i select in W2 for 2016. I am under Non Resident Alien category

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Best answer by pk_

akj357 ( Ajiy, Ashok , ? ) , please listen to the points made by TGBill and bine22 --- they are correct in that (a) your immigration status probably is Nonresident alien ( TurboTax does not support the related forms 1040-NR series ), (b) your filing status, irrespective of what you claim on your withholding form W-4, is Married-- you can only file as Married Filing Joint or Married Filing Separate; (c) you generally cannot claim your wife even for exemption only without exposing her Indian income to US taxes. There are a few more ands , ifs and buts. Therefore please consider seeing a professional familar with non-resident alien (with work visa) tax regulations. And yes , I concur with TGBill and bine22 that your 2015 return needs to be amended ( note that claiming that you are not married, when you actually are married, is perjury and can lead to very serious implications -- please see a professional )--Good Luck

Show previous replies

A

akj1357Author

Level 2

So how should i file tax in 2016? Marital Status -? and File should be single or jointly ?

B

bine22

Level 8

if you do not meet the substantial presence test, you would still be a nonresident alien and file as MARRIED FILING SEPARATELY. If you will stay in 2017, you might have other options. Have a look at publication 519

P

pk_

Answer

Level 15

akj357 ( Ajiy, Ashok , ? ) , please listen to the points made by TGBill and bine22 --- they are correct in that (a) your immigration status probably is Nonresident alien ( TurboTax does not support the related forms 1040-NR series ), (b) your filing status, irrespective of what you claim on your withholding form W-4, is Married-- you can only file as Married Filing Joint or Married Filing Separate; (c) you generally cannot claim your wife even for exemption only without exposing her Indian income to US taxes. There are a few more ands , ifs and buts. Therefore please consider seeing a professional familar with non-resident alien (with work visa) tax regulations. And yes , I concur with TGBill and bine22 that your 2015 return needs to be amended ( note that claiming that you are not married, when you actually are married, is perjury and can lead to very serious implications -- please see a professional )--Good Luck