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Home > Money & Services > Taxes   »   Spouse on J-1 visa, do I file as married filing separately?

 
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Old Feb 2, 2009, 05:59 PM
angela09
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Spouse on J-1 visa, do I file as married filing separately?

My husband and I got married last year. He was here on the J-1 visa and left last month. His sponsor will file his taxes, so do I file mine as married filing separately, including his social security number, or as single?

Also, will his sponsor get any information about my taxes?

Sorry if this is very ignorant. I haven't dealt with this situation before.

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Old Feb 2, 2009, 11:03 PM   #2  
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When did your husband enter the U.S.? His citizenship? Why was (for what job or work) J1 was issued. When did he leave the U.S.?
Without answers to these questions, it is not possible to tell which form he must file.

May be his sponsor should contact AtlantaTaxExpert at [email address] for the professional service.
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Old Feb 3, 2009, 06:14 AM   #3  
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His sponsor doesn't know he's married. He was in the U.S. for over a year on the J-1 for a student and left this year.
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Old Feb 3, 2009, 06:56 AM   #4  
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You husband must file nonresident tax return. Or if you are a resident or citizen, then you can both file joint return as residents.

If you are a U.S. citizen or resident, you can only file as married filing jointly or married filing separately. Your husband sponsor will not get any info about your income or taxes.

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angela09 agrees: Thanks!
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Old Feb 9, 2009, 11:47 AM   #5  
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Redundant post; already answered.
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Old Feb 9, 2009, 12:43 PM   #6  
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Hi,
I have a question for you guys. I came to United States on J1 visa(working visa). 4 months before my visa ended me and my husband got married. I filled all the papers I-485, I-765, I-130. How do I fill my taxes? Together with my husband? separately? I am still in United States. Do I fill my taxes as resident or nonresident? I think I should file as nonresident. At the moment I cannot even get my DL because I am in a process and my visa expired. To get DL i have to get EAD or GC.
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Old Feb 23, 2009, 05:19 PM   #7  
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Nicery:

Assuming your husband is either a U.S. citizen or a resident alien, you can file jointly with your husband and you CHOOSE to be treated as resident aliens. This will allow you to claim the $10,900 joint standard deduction plus two $3,500 personal exemption (for yourself and your husband).
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Old Apr 5, 2009, 10:29 PM   #8  
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Follow up to this question, because I too am a U.S. citizen, and in Nov. 2008 I married somone on a J-1 Visa.

My wife (the J-1 visa holder) keeps telling me that her income is not subject to tax. But what I read on this thread is that I can choose to file married-filing-jointly for the extra deduction, etc., but if I file this way, then I must include her income. is that correct?
Thank you.
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Old Jun 4, 2009, 01:29 PM   #9  
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If you file jointly with her, by law you MUST include her income. Given that her income is tax-exempt (probably under the teacher/scholar treaty exemption), that probably would NOT make much sense tax-wise.

File Married Filing Separately. Since your wife's income is tax-exempt and she is NOT filng a tax return, you can also claim HER personal exemption on your MFS tax return.
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Old Sep 21, 2009, 09:05 PM   #10  
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my husbands(he is us born citizen) tax lady said that since we got married in august 2008 (my j1 was valid till dec 2008 and so i worked till that date) my j1 status was not valid anymore and I supposed to pay social security and because i didnt i will have to pay it now....
is that right?
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