Submitting i485 & filing taxes help

[Dmjs90]

Hey everyone so I am looking for advice. My husband is a USA citizen and I am not. I came here on VWP and overstayed 5 years ago. We got married in September 2019 and in the process of applying for my marriage visa. This is my husbands first year filing taxes married and we’re a little confused.

So we are in the process of submitting our packet but just waiting on his W2 so we can include it and show he makes enough money. When his w2 comes, how does he file? Obviously married but should he file married joint or separate? I don’t have a job/ssn/itin so I assume I don’t need to file but it’s very confusing

thanks in advance for any help!

[MrGayleN]

Take a look on this page may be this would help you.

https://www.uscis.gov/i-485

[newacct]

Hey everyone so I am looking for advice. My husband is a USA citizen and I am not. I came here on VWP and overstayed 5 years ago. We got married in September 2019 and in the process of applying for my marriage visa. This is my husbands first year filing taxes married and we’re a little confused.

So we are in the process of submitting our packet but just waiting on his W2 so we can include it and show he makes enough money. When his w2 comes, how does he file? Obviously married but should he file married joint or separate? I don’t have a job/ssn/itin so I assume I don’t need to file but it’s very confusing

thanks in advance for any help!

You guys can file as Married Filing Jointly or Married Filing Separately. If Married Filing Jointly, you would apply for an ITIN together with the tax return filing. If Married Filing Separately, he can put "NRA" for your SSN/ITIN and you wouldn't have to apply for an ITIN. Another option would be to file as Married Filing Separately at first, and then amend it to Married Filing Jointly once you get an SSN, so you don't have to go to the trouble of applying for an ITIN. Keep in mind that taxes will almost certainly be lower with Married Filing Jointly than Married Filing Separately.

[HartfordCtFilerI-485]

Hey everyone so I am looking for advice. My husband is a USA citizen and I am not. I came here on VWP and overstayed 5 years ago. We got married in September 2019 and in the process of applying for my marriage visa. This is my husbands first year filing taxes married and we’re a little confused.

So we are in the process of submitting our packet but just waiting on his W2 so we can include it and show he makes enough money. When his w2 comes, how does he file? Obviously married but should he file married joint or separate? I don’t have a job/ssn/itin so I assume I don’t need to file but it’s very confusing

thanks in advance for any help!

From my experience, we filed "married jointly" and with the 1040 i applied for my husband's ITIN. The tax liability is less for married people who file jointly so that's an added benefit for you guys. Plus it shows that the household is a unit who combines income and will be additional info to provide to immigration and prove the legitimacy of the marriage.