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Posts: 2
Registered: ‎01-04-2018
Accepted Solution

Taxes for immigrants

My husband immigrated into the states last January (2017) to California. He has some income earned in the states (under 3k). He entered in on a K1 visa and is currently waiting for his green card/ permanent residence status. should we file separately or joint. 

I will earn around 31k


How will the health care tax apply to him? He had no health insurance in 2017 but had emergency health coverage from his country.   

Trusted Council Member
Posts: 6,191
Registered: ‎02-23-2016

Re: Taxes for immigrants

Hi JDZivkovic,




Welcome to the H&R Block community.


You should file jointly.


Not only is a joint return almost always the best option, but for you it is definitely the best option.  You'll get an extra personal exemption and a bigger standard deduction.  Your husband's income is not enough to cause a significant tax liability increase so you have everything to gain and nothing to lose by filing jointly.  I can actually do a comparison of the two options for you if you would like.


If you file separately you have to use the "married & filing separately" filing status unless you qualify for head of household status under the MFS exception.  MFS is a much more restrictive status with a higher tax rate and far fewer (if any) benefits in most situations.



Note that in order to file jointly, if your husband does not have an ITIN number or a social security number then he will need to apply for an ITIN by attaching Form W-7 to your tax return.  You'll need to write "NRA" in the space for his ITIN/SSN and mail the return to the IRS.


If you have any other questions I'll be glad to help.



Senior Tax Advisor (Tampa, FL)

Posts: 2
Registered: ‎01-04-2018

Re: Taxes for immigrants

yes please lets run a comparison. Please let me know of the best way of giving you the information you need to run it.

Associate (Pioneer)
Posts: 24
Registered: ‎01-18-2018

Re: Taxes for immigrants



I would recommend you contact your local H&R Block tax office and speak with a tax professional. That way you are speaking with a certified tax professional to help explain this answer in great detail.






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