turbotax icon
cancel
Showing results for 
Search instead for 
Did you mean: 
Announcements
Close icon
Do you have a TurboTax Online account?

We'll help you get started or pick up where you left off.

kay2
New Member

Does "married filing jointly" require a certification to foreigners?

Hi, I got H1B visa in 2016 and my wife got H4 as my spouse. 

She still stays outside of the U.S. but I heard that I can still file a "married filing jointly". Is this correct? She has no income in the country.

In this case, do I need to submit a marriage certification to IRS or should I report the married status somewhere before I file the tax return form?

x
Do you have an Intuit account?

Do you have an Intuit account?

You'll need to sign in or create an account to connect with an expert.

1 Best answer

Accepted Solutions

Does "married filing jointly" require a certification to foreigners?

No documentation of marriage is required.  You both need tax identification numbers---social security number or ITIN--to file, however.

View solution in original post

4 Replies

Does "married filing jointly" require a certification to foreigners?

Where you ever in the US before 2016?  If so, what are the exact dates (and in what type of visa, if any)?

What are the exact dates you lived in the US in 2016?
kay2
New Member

Does "married filing jointly" require a certification to foreigners?

I have lived full year in 2016, I was holding OPT visa and got H1B in June, 2016.

Does "married filing jointly" require a certification to foreigners?

You do not need to send a marriage certificate, but you DO need to make an election to treat her as a Resident.  You can not make this election within TurboTax, so you need to manually make the election and mail it with your tax return.
<a rel="nofollow" target="_blank" href="https://www.irs.gov/publications/p519/ch01.html#en_US_2016_publink1000222193">https://www.irs.gov/pu...>

If she has ANY income from ANYWHERE in the world, it will need to be added to the tax return.

Does "married filing jointly" require a certification to foreigners?

No documentation of marriage is required.  You both need tax identification numbers---social security number or ITIN--to file, however.

Unlock tailored help options in your account.

message box icon

Get more help

Ask questions and learn more about your taxes and finances.

Post your Question