What is the maximum time my husband can work abroad and still be filed jointly in the USA?

[sarah6]

My husband and I are both permanent residents with a green card. He has had to go back to the UK for a couple of months. What is the maximum time he can stay abroad before it effects us filing a joint return? I am fully employed here in the USA.

[pk · Accepted solution]

I am not quite sure  your issue here --- (a) there is no requirement  for both spouses to be present in the USA to be able to file jointly; (b) for Green Card holder there is a requirement to visit USA at least once a year to keep residency valid  / or  request a waiver from the Immigration and Naturalization services ( that used to be issued for a  two year term , if I remember correct ).;  (c) if one spouse lives alone for at least the last six months of a calendar year,  maintains  a house  for eligible dependents , then that first spouse can file as head of household, while the second spouse can file as married filing sep --- but there is "have to " in this.

Is this what you are asking about  ?  

[sarah6]

Thank you, yes. I just remember Turbotax asking a question of whether your spouse had been in the country during the full year and I wondered if it effected the return if he wasn't. Thank you

[pk]

you are welcome

[pk]

Did you say that your husband is abroad and you are trying to file a joint return ( to Turbotax) ?  His being abroad at filing time gives  you an automatic filing extension to June 15th.  But payment due date is still April 15th.  As I said , when you e-file, there is no wet signature  requirement and so as long as both of you are aware  and agree to the contents of the return  there is nothing to stop you from filing jointly at this time.  Note , however,  that the statements made in the return are subject to perjury notice and can only be changed through an amended return.
Is there anything more I can do for you ?

[sarah6]

No, I filed already - he is away now and I was thinking of whether it would effect our next return if he was away longer than planned. I didn't want him to be away 6 months and it effect the return. Thanks for your help!

[pk]

you are welcome -- and even if he is away more than six months  -- there are no tax consequences.  However, you need to keep track of whether the earnings are UK sourced ( and taxed by UK ) or US sourced  and therefore not taxed by UK.   I am sure his employer will take care of that.