# joint filing and Obamacare tax credit



## mikey_2017 (Mar 25, 2017)

Hello,

i wanna know if someone got married to a french woman who visited the US for less than a week in 2018, has a SSN from long ago work, no green card yet, and works in France. if they file jointly, "a must requirement to get Obamacare credits" and if he makes 30K & she makes 40K in France, and he files form 2555 for her....

will the IRS consider his income as 30+40 which is greater than the 64K threshold for family of 2 and he will have to pay back any advanced tax credit

or IRS will consider only his income as 30K only, less than 47K for individual, even though they are filing jointly


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## Bevdeforges (Nov 16, 2007)

There is no particular reason to file joint if one is married to a non-resident alien, especially if she hasn't set foot in the US other than for a "visit." But to answer your question, if they file jointly, then all calculations are done based on the combined worldwide income of both partners. (Don't forget any bank accounts or investments she may have on her own - and those aren't subject to the FEIE.)

File married filing separately and take the risk out of the situation altogether.


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## mikey_2017 (Mar 25, 2017)

Bevdeforges said:


> There is no particular reason to file joint if one is married to a non-resident alien, especially if she hasn't set foot in the US other than for a "visit." But to answer your question, if they file jointly, then all calculations are done based on the combined worldwide income of both partners. (Don't forget any bank accounts or investments she may have on her own - and those aren't subject to the FEIE.)
> 
> File married filing separately and take the risk out of the situation altogether.


 
Thanks Bevdeforges,
that is what i was leaning towards, to get tax credits One must file jointly 'per ACA rules' but to file jointly and include her income as well will kick me out of the ACA threshold for Tax credits..an egg/chicken issue...


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