I married last (2015) year using a K-1 visa. He is still in the process of Adjustment of Status, has a social security number, and has no income. For 2016 taxes, do I file jointly, separately, as head of the household, etc? Also, is he considered a dependent of mine? What is the best route to go?
Congratulations. Now as a married individual, if you are married as of the last day of the year (December 31), you are considered for tax purposes to have been married for the entire tax year. Therefore, you only have the option of filing a either married filing jointly (MFJ) or married filing separately (MFS).
Since you mentioned that your spouse has a Social Security number but has no income (see below*), your tax liability will be lower by filing as married filing jointly because:
* about your spouse's income - by including your spouse on your tax return, your spouse's worldwide income will be taxed by the United States. This includes both US and Foreign earned (ie: wages) and unearned (ie: bank interest) income from all sources. So if your spouse does not have any US income but does have foreign income, that foreign income will need to be included on your married filing jointly tax return (reported in US dollars). The Internal Revenue Service has no official exchange rate. In general, use the exchange rate prevailing (i.e., the spot rate) when you receive the income that needs to be reported. Please refer to the following IRS links for more information about Foreign Currency and Currency Exchange Rates and Yearly Average Currency Exchange Rates
Congratulations. Now as a married individual, if you are married as of the last day of the year (December 31), you are considered for tax purposes to have been married for the entire tax year. Therefore, you only have the option of filing a either married filing jointly (MFJ) or married filing separately (MFS).
Since you mentioned that your spouse has a Social Security number but has no income (see below*), your tax liability will be lower by filing as married filing jointly because:
* about your spouse's income - by including your spouse on your tax return, your spouse's worldwide income will be taxed by the United States. This includes both US and Foreign earned (ie: wages) and unearned (ie: bank interest) income from all sources. So if your spouse does not have any US income but does have foreign income, that foreign income will need to be included on your married filing jointly tax return (reported in US dollars). The Internal Revenue Service has no official exchange rate. In general, use the exchange rate prevailing (i.e., the spot rate) when you receive the income that needs to be reported. Please refer to the following IRS links for more information about Foreign Currency and Currency Exchange Rates and Yearly Average Currency Exchange Rates
Hello, I have a very similar situation as the person who asked the question, however my spouse does NOT yet have an SSN or ITIN as we are still waiting for that information from the federal government. How can I include him on TurboTax as married filing jointly if he does not have on of these numbers?
Same problem here. I think you have to do it by hand.
We had the same issue. Ended up marking "Married filing separately" then filing an extension (wouldn't let me extend without my spouse's SSN), as we assumed my spouse's early work visa or green card (therefore allowing us to apply for SSN) would arrive before the extension deadline. It just arrived, so filing now.
I'm in the same situation. Still waiting for my wife to get the SSN.
How did you file your taxes?