Forums > Living in Kunming > Practical Concerns of C + Non-C Marriage @kc430: My information is a bit dated but should still be relevant for US tax law. In the last 15 years there have been major changes in US immigration laws. That said, I did marry my first wife while in her country and lived there for several years, had children, then we all returned to the US.
1) "foreign marriage is not automatically recognized" I believe the US recognizes valid marriages where ever they occurred. Documentation and translations can be an issue. Translations must be performed by an approved translator.
2) "Someone suggested getting her a TIN (tax identification number for non-citizen) right away, as would help with Internal Revenue Service and possible future immigration." I am not sure if this is possible unless your wife is a resident or non-resident alien. I do not think a visit to the US creates a nexus.
When I married my wife, I could not claim her as a dependent until she had stepped on US soil. So for several years, I could list my children as dependents but not my wife.
3) "Tax status of married filing separately would keep IRS from touching her wages. On the other hand, married filing jointly might be helpful when moving to USA and pursuing path to immigration"
If your wife's wages were subject to US tax then filing separately would not avoid the liability. Get IRS Pub 54 for more information:
apps.irs.gov/app/picklist/list/formsPublications.html
4) "best if I do NOT open a Chinese bank account, and NOT obtain a Chinese credit card" I don't think it makes any difference if you have a Chinese bank account. You are unlikely to get a Chinese credit card.
5) "Would like to avoid the onerous reporting requirements when a US citizen opens a foreign bank account." FBAR reporting is required if the total value of foreign bank accounts reaches or exceeds $10,000 at any time in a calendar year:
"U.S. citizens must file the FBAR if they have a financial interest in, or authority over, foreign bank accounts or "foreign financial account" that have an aggregate value of $10,000 at any point in a year.[11][12] Additionally, they must report the accounts on Schedule B of the Form 1040 tax form. The FBAR should be filed separately with the U.S. Treasury by June 30 of each year. One law professor has argued that FBAR is wasting time and money, and "perversely discouraging compliance" because it needs to be re-focussed on what "Congress intended: on likely criminal activity"."
6) "gift to spouse" There is no gift tax on gifts to your spouse. Normally, the limit on gifts, currently, is $14,000.
7) "Why do I get the impression USA/IRS/Immigration doesn't want me to marry a non-citizen?" The Obama administration is excessively anti expat, married or not. There is a lot of sham marriage activity and recently increased anti-terrorist vigilance.
Interview: Orchid Zhang
发布者Mei Mei Cafe is great!
Orchid, and her sister, run a great place. Good food, lots of free advice on where to go and how to get there. Want a tour, need a car, a ticket? See Orchid, she's the tall beautiful lady.
Every winter since 2004 I've headed south to Banna. First stop is Mei Mei's. Just tell the taxi driver "Mei Mei Cafe" and in about 10 minutes you are there.
Now, if they just had T-Shirts