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Level 3
April 12, 2024
Question

Filing Status if Spouse is not through immigation process

  • April 12, 2024
  • 1 reply
  • 12 views

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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1 reply

sjrcpa
Level 15
April 12, 2024

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.
KJM14Author
Level 3
April 12, 2024

thank you.  What would you do if she doesn't have a SSN  yet.  Doesn't MFS require that?