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Recently Married to a foreigner, LIving Overseas. How do I file?

Asked Apr 7, 2007, 06:01 AM — 4 Answers
Help! I have lived in Spain for several years. I qualify for Foreign Earned Income and the Foreign Housing Deduction. I am self-employed. I married a Spaniard in Nov 2006. I am trying to file my taxes and I'm not sure what status to use. He's not an American citizen, we don't live in the U.S. And he does not earn any money in the U.S. He pays more than 50% of our expenses.

Can I still file as a single? Or must I file as married? If so, what do I do about my spouse?

Thank you for any wisdom you can share.

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4 Answers
The Texas Tax Expert's Avatar
The Texas Tax Expert Posts: 310, Reputation: 34
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#2

Apr 7, 2007, 01:04 PM
Quote:
Originally Posted by jcheriep
Help! I have lived in Spain for several years. I qualify for Foreign Earned Income and the Foreign Housing Deduction. I am self-employed. I married a Spaniard in Nov 2006. I am trying to file my taxes and I'm not sure what status to use. He's not an American citizen, we don't live in the U.S. And he does not earn any money in the U.S. He pays more than 50% of our expenses.

Can I still file as a single? Or must I file as married? If so, what do I do about my spouse?

Thank you for any wisdom you can share.
You are married so you must file as a married individual. You cannot file a joint return with a non-resident unless the non-resident elects to be a resident and includes their worldwide income.

You might be able to claim an exemption for your non-citizen spouse if they have no US income.
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AtlantaTaxExpert's Avatar
AtlantaTaxExpert Posts: 19,866, Reputation: 3723
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#3

Apr 17, 2007, 09:09 AM


TTE covered it rather well! No additional comments.
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Dp1954's Avatar
Dp1954 Posts: 1, Reputation: 1
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#4

Jul 14, 2012, 06:47 PM
Moving to the Philippines soon and married a lady with 3 kids can you please tell me as far as tax wise can I claim any of them and if now what do I need to do to make that possible. Thanks
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AtlantaTaxExpert's Avatar
AtlantaTaxExpert Posts: 19,866, Reputation: 3723
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#5

Jul 15, 2012, 01:50 PM


Are your spouse and the children U.S. Citizens?
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