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Married in Canada, Live in States - what are your marriage rights?
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 Posted: 2014-02-19 04:26 pm
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Joined: 2009-03-18
Posts: 349
First, being married in Canada is the same as being married in any of the 18 places in the United States where same-sex couple can currently marry.  Any place that recognizes a U.S. marriage will recognize a Canadian marriage and vice versa.  Since your state of OH (or fill in the blank of the state you live in that doesn't support gay marriage) does not recognize any marriages of same-sex couples, you will not receive any state benefit.  For some purposes the federal government will consider you married and for other purposes may not.  There are two rules the federal government is using to recognize the marriages of same-sex couples—one rule, place of celebration, only requires that the couple is married—it doesn’t matter where they live.  The other, place of domicile, looks to the laws of the state where the couple lives to decide whether the couple is married for purposes of that program.  In terms of how that impacts you, the IRS is using the place of celebration rule which means that the IRS considers you married and you therefore must file your 2013 taxes as married (either as married jointly or married filing separately).  Also, you now have the option of filing amended federal returns as married for the 2010, 2011 and 2012 tax years if that would benefit you (and provided you were married in each of those tax years).  You only have until April 15, 2014 to file an amended return for 2010.  However, since _____ [fill in your state that doesn't support gay marriage] doesn’t recognize your marriage, in order to file your _____ [fill in your state that doesn't support gay marriage] state income tax you will need to prepare two “dummy” federal returns as single and then carry over those figure onto two state income taxes that you each file as single.  We are still waiting for other programs, like Social Security, to tell us what rule they are using.  The details for various federal programs can be found at  I know that this is very confusing. 

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