Visitor to US married US Citizen in Nov. - Married Status?


E

ElkGroveR

Hi!

My wife is an American Citizen. I am a Canadian Citizen.

I came to the US in Sept. 2005 and married my wife in Nov. 2005.

In early-2006 we filled out the paperwork and applied for my Green Card,
Employment Authorization, etc.

In mid-2006 I received my Employment Authorization Card, attended a USCIS
interview a few weeks later and was then given my green card - permanent
residency card.

In July 2006 I received my Social Security Number (Card).

I was not a permanent resident of the US until 2006. I was a visitor. I
maintained a residence in Canada.

I was not allowed to work in the US until I received my Social Security
Number (Card).

In 2005 I received no income while I was in the United States.

When my wife filed her tax returns for 2005 she claimed "Head of Household",
since I was legally only a visitor and not allowed to work. She also
supports two children. In filling out my visa paperwork, my wife had to fill
out Affidavit of Support forms (I-864), which basically say that my wife
will support me financially, at least until I am legally able to work.

My wife recently received a State of California - Franchise Tax Board - FTB
7275 - Personal Income Tax Notice of Proposed Assessment saying that because
she was married and living with her husband for part of the year 2005, she
did not qualify for "head of household" filing status and would have to
either pay an extra $1300 in taxes or amend her tax return to the married
filing jointly filing status by filing an Amended Individual Income Tax
Return (Form 540X).

Can anybody please tell me what my wife's best option would be, in order to
avoid paying the extra $1300 in taxes for 2005?

Thank you very much in advance for any advice or guidance you can share...

Peace!
 
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