# Need Help Regarding Tax Issues for foreign spouse



## dazedandconfused27 (Sep 10, 2014)

Hi all,

First time poster, but I've found it very difficult to research my specific question, so I thought I'd give this a shot.

I just got married this past summer. I'm from the US and my wife is from Spain. As a result, we have to go through various immigration forms to get her her green card. One form in particular is causing some trouble, mainly due to its implications down the life: the affidavit of support. I am a grad student, and my wife just finished her grad program but can't work in the US yet. I am fortunate to have family that is willing to help me out by signing a joint-sponsor form, essentially taking on financial liability for my wife being in the states.

My question is, considering neither my wife nor I have any income, what will our tax situation look like, and will this lead to any additional tax costs for my family (note that I am still a dependent)? Would this lead to more difficulty in filling out the tax returns, or would she be viewed as a dependent as well, and potentially lessen any burden?

I would greatly appreciate anyone who could shed some light on this and cut through the confusion.

Thanks in advance for the help.


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## Bevdeforges (Nov 16, 2007)

First of all, if neither you nor your wife have any income, then you most likely fall under the filing threshold for your filing status and you may not have to file at all.

If your parents are taking you as a dependent on their tax return, then (from what I can find online) you cannot file jointly with your wife, nor can you take your own exemption if you file separately for any reason.

Your wife shouldn't cause your parents any additional taxes, but they should check the rules on claiming a dependent to see if they can claim her in addition to you. Publication 17 (2013), Your Federal Income Tax for details.
Cheers,
Bev


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## BBCWatcher (Dec 28, 2012)

In addition to what Bev mentioned, since you are a student you (or the person claiming you as a dependent) might qualify for the American Opportunity Tax Credit, and that might mean getting some free money from the IRS. Check the rules carefully of course.

Your wife may qualify for the Earned Income Tax Credit (EITC) once she starts working if she's earning a modest income -- a likely scenario in the circumstances. That's also free money from the IRS if she qualifies, though she will not qualify if she files Married Filing Separately (so she shouldn't do that).


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