Ask Experts Questions for FREE Help !
Ask
    VAlost's Avatar
    VAlost Posts: 3, Reputation: 1
    New Member
     
    #1

    Jan 30, 2008, 12:12 PM
    Spouse on H1B husband American Citizen
    I am an american Citizen, my wife is german and we recently married in August. She is here on a H1B visa for work that still has two years on it. The year before that she was here on a J1 Visa for school where she obtained a SSN. She still continues to use that SSN. We are now coming upon filling our taxes. Since we are now married should I file jointly or speerate? And what papers must I file with my taxes?
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
     
    #2

    Jan 30, 2008, 03:55 PM
    You have a choice of filing jointly or separately. Suggest you prepare it BOTH ways to determine which is best for you.

    No special paperwork is required if she was on H-1B for all of 2007, because she is already a resident alien.

    If she converted to H-1B in 2007, then, if you file jointly, she has to submit a statement that she is a non-resident alien spouse of a resident alien and that she CHOOSES to be treated as a resident alien for all of 2007.
    VAlost's Avatar
    VAlost Posts: 3, Reputation: 1
    New Member
     
    #3

    Jan 30, 2008, 06:09 PM
    So since Bush is giving couples a refund that of 1200.00 who make less then 150,000 the best bet is to file jointly. Would you say that is a correct statement?

    Also another question is when she does apply for her green card will she start paying Soc Sec and medicare? Or will she stay exempt until she becomes an american citizen?
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
     
    #4

    Feb 1, 2008, 12:46 PM
    You will qualify for the tax rebate regardless of how you file.

    As for Social Security and Medicare taxes, she should ALREADY be paying these taxes. She became liable to pay them the day her H-1B visa became effective.

    If these taxes are NOT being withheld from her pay, she has the legal obligation to tell the employer about that omission.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

US Citizen married filing separately, spouse lives outside US: does spouse need ITIN? [ 7 Answers ]

Hello. I am a US Citizen living in the US full time. My husband is German, living in Europe full time. We got married in the US in September 2006. My husband is applying for a green card but meanwhile cannot enter the US, due to immigration rules. Therefore we have not lived in the US together...

Marry to American Citizen [ 1 Answers ]

This September 2007 I will marry my American Citizen girlfriend, but my problem is Im only J1 visa holder. So can I apply a US citizenship to break the 2 yrs. Does not apply rule ? May J1 Visa passport will expire this coming Jan. 2008 it is possible to grant me a green card so I will be back again...

American citizen marrying a Colombian [ 2 Answers ]

I would like to know what are the requirements or paper work that will be needed for an american citizen who wants to marry a colombian, I have heard about being able to ask for her to be allowed to come to the United States so that colombian can have the chance to marry the american citizen, I...

Marrying an American citizen who may have a felony [ 1 Answers ]

I am on a student visa in the US. I have been dating my fiancée who is an American citizen and we are planning to get married. The problem is that few months ago, she got in trouble when she was in the wrong place and wrong time and she may have some felony charges and may need to be on probation....

Widow of an American citizen [ 2 Answers ]

How long should wait the widow of an American citizen for applying for citizenship - 3 or 5 years?


View more questions Search