wecanconquer

Hello,

My husband's I-485/permanent residency is still pending, however he was granted his work permit and has earned $6461.19 in 2014. He also earned 5,048 pounds in the UK before moving to the US. With this being tax season, I have some questions.

What do I do? What form do I need to use to file for him, and does he even need to file taxes? I'm pretty sure that $6461.19 is below the minimum requirement to file, if filing jointly as a married couple. I'd rather just go that route and file for myself this year to avoid any other forms, etc.

Just looking for reassurance, if anyone else has experienced this issue before. Thanks!

bewildering

What visa?

Did he pay tax withholdings?

What is on his W2?

The standard deduction for married filing jointly is $11500. $6461.19 is under that.

Is the $6461.19 pre-tax or takehome pay?

JAJ

Easy answer. He needs to show compliance with the U.S. tax laws in order to get a green card. And the easiest way to do that is to file a tax return on time, or obtain an extension. He doesn't want his green card delayed when a USCIS officer asks for his tax return and he cannot provide one.

You don't need to use a form to file for him. He has to file his own return, and take responsibility for it. Or alternatively you may file a joint return (if eligible to do so), for which you are jointly responsible.

You cannot file married/joint unless your husband elects to be treated as a U.S. resident for the full year. In that case, all his U.K. income is taxable as well, although he may be able to take a Foreign Tax Credit.

You must select another filing status, such as married/separate. And in that case your husband must file a return either as a non-resident (you've not told us if he meets the substantial presence test) or as a dual-status alien. Don't forget State tax for him, unless you are in a state without an income tax.

Perhaps all this may convince you that you need an experienced tax CPA to handle this year's return.