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g-sanchez11
New Member

Hi I got married in México on November 2020. I don't live with him and he doesn't work right now due to covid. How should I file my taxes , as married or single?

 
3 Replies
DawnC
Expert Alumni

Hi I got married in México on November 2020. I don't live with him and he doesn't work right now due to covid. How should I file my taxes , as married or single?

Generally, any marriage entered into between two U.S. citizens in another country is recognized as valid in the U.S. as long as the union was legal when and where performed.  You can't choose Single if you are married.   Your options are Married filing Jointly or Married filing Jointly.    You are considered married all of 2020 if you were married on or before Dec. 31, 2020. 

 

Generally, filing jointly will give you a bigger refund or less taxes due. When you file separately, your tax rate is higher and you won't be able to claim:

 

On top of that, if you live in the community property states of Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, or Wisconsin, you have to deal with community property allocations and adjustments, which adds extra work and complexity to your tax preparation chores.

 

Tip: Only taxpayers who were still legally married as of December 31, 2020 are able to file as married, whether jointly or separately.  

 

Filing jointly means you file one tax return. When filing separately, you file two tax returns.

 

Want to compare filing jointly vs. separately?

Why would I want to file separately?

Filing Separately? Use TurboTax CD/Download

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g-sanchez11
New Member

Hi I got married in México on November 2020. I don't live with him and he doesn't work right now due to covid. How should I file my taxes , as married or single?

Even if he is not a US citizen or resident?

LinaJ2020
Expert Alumni

Hi I got married in México on November 2020. I don't live with him and he doesn't work right now due to covid. How should I file my taxes , as married or single?

You are required to file married even he is not a US citizen.  

 

You have an option to file between Jointly or Separately.  Generally, married filing jointly does give you more benefit to maximize your total refund.  To see the pros and cons between the two filing statuses, click here:  Jointly vs Separately.

 

Since your spouse is a nonresident, to file jointly, you would need to make an election to claim him as a resident.  TurboTax does not provide any tools or forms to assist you to make the election, unfortunately.  You would need to follow IRS's instructions to attach the statement to your 2020 tax return.  You cannot e-file.  Instead, print out all your tax forms along with the statement and paper-file.  Click here to see Nonresident to resident

 

 

 

 

 

 

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