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- Filing Status if Spouse is not through immigation process
Filing Status if Spouse is not through immigation process
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KJM14
Level 3
04-11-2024
09:52 PM
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So, my client surprised me with this today: " I got married November 2022. we are currently in the petition and immigration process. I do not expect my spouse to arrive until 2025."
This is not an area I am familiar with so I am not quite sure where to even start. He filed Single last year. Should he be filing MFS? I am not sure what questions to ask to determine status.
thanks for any advice you can provide.
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2 Comments 2
sjrcpa
Level 15
04-11-2024
11:34 PM
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MFS or MFJ.
MFJ means they elect to treat spouse as US resident, meaning she pays US tax on her worldwide income.
I vote for MFS.
The more I know the more I don’t know.
KJM14
Level 3
04-11-2024
11:36 PM
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thank you. What would you do if she doesn't have a SSN yet. Doesn't MFS require that?
