US CITIZEN MARRIES AN ALIEN STUDENT

[michaelmars]

need help with this one, Long time client gets married to a resident alien who is on a student visa and going to school here.  Can I file a joint return?  Also, the student works for his college and the w-2 has a social security number but software says its not a valid ss#.   He also has a "USCIS ALIEN NUMBER"

I know I can paper file using the ss# but I want to make sure they can file jointly.

And just to make this more fun, they live in DC but his school is in MD and has MD withholding.  I never really handle non citizens and I also don't deal much with MD or DC. 

 

[mircpa]

If they were married in 2016 You can file 1040 jointly or separately.

[Pacun]

File jointly if they want and include World wide income.

How is the software checking her social security number???

DC is easy but if they lived the whole year in DC, they can file "married filing separate on the same return" and they can split incomes and they will get a $300 break (or less).

For Maryland file from 505 to collect the taxes withheld (DC MD and VA have an agreement that you pay taxes only where you live regardless where you worked).

Give the amounts and I will calculate DC and MD and give you the final amounts tomorrow when I am in front of my friend ATX. We will help you with the states and the federal will be a regular 1040 Married Filing Jointly.

[michaelmars]

I use proseries and it says the social security number is not in the valid range.  I am taking it off of the W-2 the state of Maryland filed.  No worldwide income, on what was earned in the US.

[Pacun]

57 minutes ago, michaelmars said:

I use proseries and it says the social security number is not in the valid range.  I am taking it off of the W-2 the state of Maryland filed.  No worldwide income, on what was earned in the US.

Cool. Sometimes income earned in the US is part of World Wide Income.

[michaelmars]

lol, should of said no other worldwide income but the us income.