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Marvin,EA
Marvin,EA, Enrolled Agent
Category: Tax
Satisfied Customers: 1672
Experience:  Enrolled to Represent Taxpayers Before The IRS
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I married a Canadian 2 years ago. In October we finally got

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I married a Canadian 2 years ago. In October we finally got her permanent resident status. I moved her to Colorado. Can I deduct the moving costs? What about all the immigration fees? We have to file again for whatever reason and have to pay another $600 to file to extend her permanent residency status for 10 years.
Submitted: 8 years ago.
Category: Tax
Expert:  Marvin,EA replied 8 years ago.
Hello and thanks you for using Just Answer. I am sorry but you cannot deduct on your federal income tax return moving costs for your wife from Canada to the USA. Only moving costs are deductible if the taxpayer works as a full-time employee at the new location for at least 39 week during the first 24 month period following arrival. You cannot deduct the cost of the immigration fees on your federal income tax return.
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Customer: replied 8 years ago.
Thanks, is it true that the U.S. does not consider us married until she is a permanent resident? We married 2 years ago in Canada and in October of this year she got permanent residency.
Expert:  Marvin,EA replied 8 years ago.
That is incorrect. An alien is also permitted to elect resident status (and thereby file a joint return) if the individual is married to a U.S. citizen or resident at the end of the tax year. If you wife want to be treated as a U.S. resident, her worldwide income will be subject to U.S. income tax.
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Customer: replied 8 years ago.
I filed as a single last year and was planning on filing joint this year, should I go back on last years taxes and file as married?
Expert:  Marvin,EA replied 8 years ago.
Yes, you should have your wife first file IRS Form W-7 , www.irs.gov/pub/irs-pdf/fw7.pdf , to receive a individual taxpayer identification number. When she get her number file an amended tax return , www.irs.gov/pub/irs-pdf/f1040x.pdf for 2007 and change your filing statue from single to married filing jointly.
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