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-   -   Can we do married filing jointly if married abroad? (https://www.askmehelpdesk.com/showthread.php?t=464108)

  • Apr 11, 2010, 06:48 PM
    pvtemp
    Can we do married filing jointly if married abroad?
    Hello, I got married last year Nov 2009 in India,
    Both my wife and I reside/work in the US on H1B visa,
    We did not notify our married status to our employers
    So our 2009 W-2 says "Taxable Marital Status" is Single.
    Are we still allowed to file taxes as Married Filing Jointly?
    The only proof we have is the marriage certificate from
    India, please advise, thank you.
  • Apr 11, 2010, 07:45 PM
    MukatA

    Does your passport show your wife's name and your wife's passport show your name as husband? Did you register you marriage in India?
    If you have marriage certificate from Registrar in India, yes you can file joint return.
  • Apr 12, 2010, 06:15 AM
    ebaines

    If you are legally married, then you must file as married. I do suggest that you file a new W4 with your employer to update their records.
  • Apr 13, 2010, 12:45 PM
    pvtemp

    Thank you both for your replies, actually I just found out that
    We don't have a marriage certificate yet, so the only proof we
    Have is wedding photos of the Indian ceremony (which took
    Place in Nov 2009), is it still OK to file as Married Filing Jointly?
  • May 7, 2010, 11:55 AM
    AtlantaTaxExpert
    If you in fact are legally married in India and are awaiting the marriage certificate, then file Married Filing Jointly.

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