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ujjwalsapkota
New Member

I recently got married and filed petition Dec 2019 has never been USA 1> Can I claim her as a dependent or head of family? If not is there anything for me to save?Thnx !!

 
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KarenJ2
Expert Alumni

I recently got married and filed petition Dec 2019 has never been USA 1> Can I claim her as a dependent or head of family? If not is there anything for me to save?Thnx !!

If your are married as of the last day of the year and you are a US citizen or US resident , you can only file married filing jointly or married filing separately.

 

Married filing separately would be the easiest and with the new tax laws, you are less likely to pay more.

 

However to file as married filing jointly (with an statement that you attach to your return electing to file jointly), you would need to include your spouse's income for the entire calendar year as well as your own.    You would also need to apply for an ITIN (Individual Taxpayer Identification Number)  on Form W-7 attached to your tax return when you mail the return.  

 

Please see the following links:

 

Form W-7 Application for IRS Individual Taxpayer Identification Number

 

Instructions for Form W-7

 

Please see attached publication, page 9 , Nonresident Spouse Treated as a Resident, for the statement to attach to your return if you file married filing jointly.

 

US Tax Guide for Aliens

 

 

 

 

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1 Reply
KarenJ2
Expert Alumni

I recently got married and filed petition Dec 2019 has never been USA 1> Can I claim her as a dependent or head of family? If not is there anything for me to save?Thnx !!

If your are married as of the last day of the year and you are a US citizen or US resident , you can only file married filing jointly or married filing separately.

 

Married filing separately would be the easiest and with the new tax laws, you are less likely to pay more.

 

However to file as married filing jointly (with an statement that you attach to your return electing to file jointly), you would need to include your spouse's income for the entire calendar year as well as your own.    You would also need to apply for an ITIN (Individual Taxpayer Identification Number)  on Form W-7 attached to your tax return when you mail the return.  

 

Please see the following links:

 

Form W-7 Application for IRS Individual Taxpayer Identification Number

 

Instructions for Form W-7

 

Please see attached publication, page 9 , Nonresident Spouse Treated as a Resident, for the statement to attach to your return if you file married filing jointly.

 

US Tax Guide for Aliens

 

 

 

 

**Say "Thanks" by clicking the thumb icon in a post
**Mark the post that answers your question by clicking on "Mark as Best Answer"

View solution in original post

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