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angela09 · Feb 2, 2009, 06:59 PM

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.

MukatA · Feb 3, 2009, 12:03 AM

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 protected] for the professional service.

angela09 · Feb 3, 2009, 04:14 AM

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.

MukatA · Feb 3, 2009, 04:56 AM

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.

AtlantaTaxExpert · Feb 9, 2009, 09:47 AM

Redundant post; already answered.

nicery1997 · Feb 9, 2009, 10:43 AM

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.

AtlantaTaxExpert · Feb 23, 2009, 03:19 PM

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).

eddiekocis · Apr 5, 2009, 07:29 PM

Follow up to this question, because I too am a U.S. citizen, and in Nov. 2008 I married someone 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.

AtlantaTaxExpert · Jun 4, 2009, 10:29 AM

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.

nicery1997 · Sep 21, 2009, 06:05 PM

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 didn't I will have to pay it now...
Is that right?

AtlantaTaxExpert · Sep 22, 2009, 11:49 AM

Your husband's tax lady is WRONG!

Your marital status in no way affects your J-1 visa status, and it only affects your INCOME tax status if you voluntarily decide to be treated as a resident alien for all of 2008.

Hence, since your J-1 visa is probably a trainee visa, you can file separately as a non-resident alien for 2008 (filing Forms 1040NR-EZ and 8843) and probably continue to be exempt from FICA (Social Security and Medicare) taxes for the duration of your J-1 visa.

Further, even if you file jointly with your husband and choose to be treated as a resident alien, you are still exempt from FICA (Social Security and Medicare) tax withholding until your J-1 visa expires, or until the end of the second calendar year of your J-1 tour, whichever comes first. This is covered at the link below:

Nonresident Spouse Treated as a Resident

You may want to consider using another tax professional who is more knowledgeable about international tax rules.

nicery1997 · Sep 22, 2009, 04:31 PM

Originally Posted by AtlantaTaxExpert

Your husband's tax lady is WRONG!

Your marital status in no way affects your J-1 visa status, and it only affects your INCOME tax status if you voluntarily decide to be treated as a resident alien for all of 2008.

Hence, since your J-1 visa is probably a trainee visa, you can file separately as a non-resident alien for 2008 (filing Forms 1040NR-EZ and 8843) and probably continue to be exempt from FICA (Social Security and Medicare) taxes for the duration of your J-1 visa.

Further, even if you file jointly with your husband and choose to be treated as a resident alien, you are still exempt from FICA (Social Security and Medicare) tax withholding until your J-1 visa expires, or until the end of the second calendar year of your J-1 tour, whichever comes first. This is covered at the link below:

Nonresident Spouse Treated as a Resident

You may want to consider using another tax professional who is more knowledgeable about international tax rules.

What is she (my husbands tax lady) saying is that once I applied for permament residency I am no longer alien and I cannot get my federal tax back. I have to do my taxes as all Americans. She also said I will have to pay social security (because I didn't pay it working still on J1). She said my J1 status is not valid anymore once I applied for permament residency. Is that true?

AtlantaTaxExpert · Sep 23, 2009, 09:26 AM

As I stated earlier, she is wrong!

She has probably did a superficial reading of IRS Pub 519 and has made some incorrect assumptions.

Your J-1 visa is effective until your permanent residency application was approved with an effective date. When that effective date comes, then (and only then) does your J-1 visa become void and you become liable for the Substantial Presence Test.

Since the effective date seems to be in December 2008, you have not spent enough time in the U.S. to file as a dual-status alien, so you will file as a non-resident alien for 2008.

You can file jointly with your husband and choose to be treated as a resident alien for 2008, but that is your CHOICE, not a requirement under U.S. tax law.

Like I said earlier, you need to get another tax consultant with a broader background in international tax law.

If you wish to use me, emal me at [email protected].

nicery1997 · Sep 23, 2009, 11:33 AM

Originally Posted by AtlantaTaxExpert

As I stated earlier, she is wrong!

She has probably did a superficial reading of IRS Pub 519 and has made some incorrect assumptions.

Your J-1 visa is effective until your permanent residency application was approved with an effective date. When that effective date comes, then (and only then) does your J-1 visa become void and you become liable for the Substantial Presence Test.

Since the effective date seems to be in December 2008, you have not spent enough time in the U.S. to file as a dual-status alien, so you will file as a non-resident alien for 2008.

You can file jointly with your husband and choose to be treated as a resident alien for 2008, but that is your CHOICE, not a requirement under U.S. tax law.

Like I said earlier, you need to get another tax consultant with a broader background in international tax law.

If you wish to use me, emal me at [email protected].

Ok let me start from the beginning. I came to america on June 2007 and in 2008 I did my taxes and as international student got my return. My program is 18 months long. It is j1 visa/trainee. In 2008 I got all my tax back no problem. So my program is 18 months long from June 2007 till December 2008. I got married in August 2008 and kept working on my j1 visa, because other ways I couldn't work because I was waiting for work permit. In December 2008 I had to quit because my J1 expired and I still didn't get my EAD. I got my EAD in Feb 2009. Now my husbands tax lady says I should have pay social security in 2008 and that I owe now about $2200. I seriously don't know what to do. Is there a certain article or paragraph that I can show her that she is wrong?

AtlantaTaxExpert · Sep 24, 2009, 08:29 AM

I stand by my earlier postings.

Your trainee J-1 status exempts you from FICA (Social Security and Medicare) taxes for calendar years 2007 and 2008 while you worked under the J-1 visa. When you got your EAD in February 2009, that exemption no longer applies, and any money earned in 2009 IS subject to FICA (Social Security and Medicare) taxes.

But you ARE exempt for 2007 and 2008. You can download IRS Pub 519 and print out pages 50-52 to show the tax lady. Or you can have her call the IRS International Tax Hotline at 215-516-2000 to verify what I have told you.

Further, EVEN IF you had to pay Social Security taxes, you would NOT pay these taxes direct to the IRS; you would pay them THROUGH YOUR EMPLOYER, because the taxes you pay have to be matched dollar-for-dollar by the employer.

I say again: this tax person is giving you BAD ADVICE, and could end up costing you $2,200 in taxes that you do not owe! If you do not believe me, call the IRS International Tax Line yourself and ASK! They will verify everything I have told you.