I'm on an H1B visa. Last year I married a US citizen. I have decided to get a Green Card rather than renew my H1B, however before I get my Green Card how should i file my taxes? Can I file jointly as a married couple or because I'm on an H1B do we have to file separately?
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If you are married, you have to either file as Married Filing Separately or Married Filing Jointly.
When a spouse is a nonresident alien, you have two options:
Vincenzo Villamena, managing partner of a firm that provides tax planning help for Americans living overseas and others with special situations, says the easiest thing to do is to simply file a joint return, treating a nonresident spouse as a resident, if necessary. “But for long term tax planning, this might not be the most beneficial move,” he says.
That's because the money you would save by gaining an exemption for the spouse might be less than the additional tax you would have to pay because all of your spouse's worldwide income will be subject to U.S. tax. “Every case is different in this situation,” Villamena says, so it pays to run the numbers using different options and see what saves you the most money.
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