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Level 1
posted Nov 8, 2023 10:43:33 AM

Filing Status

Hi. I just got married Oct 2023 with my K-1 Fiance. 

My mother is living with me since 2022 and claiming her as my dependent since she doesn't have any income and she got her SSN Feb 2023.

My spouse doesn't have SSN yet. We just submitted the forms for Petition for Alien Relative and Adjustment of Status end of October 2023.

What will be my filing status? 

Thank you for your response.

 

0 3 661
3 Replies
Level 15
Nov 8, 2023 10:52:53 AM

it's really to early to give you any definite response for your 2023 taxes. Chances are, you very will may have your spouse's SSN card before the Apr 15 filing deadline for the 2023 tax return. Even then, if needed you could file an extension giving you until Oct 15 to file your 2023 tax return.

Level 15
Nov 8, 2023 11:25:25 AM

If you are legally married, you must file as married, either married filing jointly or married filing separately.  Filing jointly has the lowest tax rate and better treatment of deductions and credits.  Since your spouse is eligible for an SSN, you should wait to file until the SSN arrives and you can use it on the return; certain tax benefits are not available if your spouse does not have an SSN.  Don't file early using some other status and plan to amend later when the SSN arrives.  

Level 1
Nov 8, 2023 11:27:09 AM

Thank you Carl!!!