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J1 and J2 divorced in 2016 after visa expired---file tax jointly possible?

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  • J1 and J2 divorced in 2016 after visa expired---file tax jointly possible?

    Hi all!

    I'm a J1 visa holder in California and I have a question about whether my ex-wife (J2 visa holder) and I are able to file tax jointly for 2016.
    Originally, our visa expired December 1, 2016; in October, 2016, we decided to get the divorce. After this decision, I decided to extend my J1 a couple of years, but my wife left the U.S. sometime in December, 2016. We got divorced December 20, 2016, i.e. *after* her visa expired.
    We were both treated as U.S. residents for tax purposes in 2015 and my wife had income in 2016.

    Now, given the circumstances above, are we able to file tax jointly for 2016, or do we need to file separately (as singles) as would normally be the case when you get a divorce at any time during the tax year?

    Thanks a lot!

  • #2
    Since you were not married as of December 31, 2016, you cannot file as married (jointly or separately) for 2016 taxes. You can only file as Single (or in rare cases Head of Household).

    This is my personal opinion and is not to be construed as legal advice.

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