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wongs394
New Member

I am US citizen, married last year with my husband (who's not a citizen), I am applying green card for him , he didnt work in the US for 2016, how should I file my tax?

I am a US citizen, married last year with my husband (who's not a citizen), I am applying green card for him , that he didnt work in the US for 2016,  how should I file my tax? could I still file jointly since he's not a citizen(he has SSN though)? He won't count as my depends?
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1 Reply
MichaelMc
New Member

I am US citizen, married last year with my husband (who's not a citizen), I am applying green card for him , he didnt work in the US for 2016, how should I file my tax?

Yes, in most cases it is better for a married couple to choose Married Filing Jointly filing status, even if one spouse had little or no income. This allows you the possibility of claiming several tax credits that are disallowed to Married Filing Separately filers. Your spouse is never considered your dependent, but by filing a joint return, you obtain the benefit of the larger joint Standard Deduction ($12,600) and both your and your spouse's Personal Exemptions ($4,050 per person).

Since your husband did not yet have his green card in 2016, I expect that his status is that of a non-resident alien. If he was a resident alien 2016, you may use Married Filing Jointly status, by right. If your husband is a non-resident alien, you may choose to take advantage of Married Filing Jointly status, but certain conditions apply. More detail can be obtained here: IRS Guidance on Filing with Nonresident Spouse.

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