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Tax status whilst on K1 & AOS in US?

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What would happen exactly for us then, considering I'm not currently employed? He intends to work right up until he has his visa. All of his earnings will be split between his UK bank account and some in mine (when I get his name on my account). We'll apply for AOS as soon as possible, but I have no idea how long it will take him to find work once he has his EAD. Would we need to file a tax return next year even though there's the possibility neither one of us will be employed (I mean he might be, but he also might not)?

Our Journey Timeline  - Immigration and the Health Exchange Price of Love in the UK Thinking of Returning to UK?

 

First met: 12/31/04 - Engaged: 9/24/09
Filed I-129F: 10/4/14 - Packet received: 10/7/14
NOA 1 email + ARN assigned: 10/10/14 (hard copy 10/17/14)
Touched on website (fixed?): 12/9/14 - Poked USCIS: 4/1/15
NOA 2 email: 5/4/15 (hard copy 5/11/15)
Sent to NVC: 5/8/15 - NVC received + #'s assigned: 5/15/15 (estimated)
NVC sent: 5/19/15 - London received/ready: 5/26/15
Packet 3: 5/28/15 - Medical: 6/16/15
Poked London 7/1/15 - Packet 4: 7/2/15
Interview: 7/30/15 - Approved!
AP + Issued 8/3/15 - Visa in hand (depot): 8/6/15
POE: 8/27/15

Wedding: 9/30/15

Filed I-485, I-131, I-765: 11/7/15

Packet received: 11/9/15

NOA 1 txt/email: 11/15/15 - NOA 1 hardcopy: 11/19/15

Bio: 12/9/15

EAD + AP approved: 1/25/16 - EAD received: 2/1/16

RFE for USCIS inability to read vax instructions: 5/21/16 (no e-notification & not sent from local office!)

RFE response sent: 6/7/16 - RFE response received 6/9/16

AOS approved/card in production: 6/13/16  

NOA 2 hardcopy + card sent 6/17/16

Green Card received: 6/18/16

USCIS 120 day reminder notice: 2/22/18

Filed I-751: 5/2/18 - Packet received: 5/4/18

NOA 1:  5/29/18 (12 mo ext) 8/13/18 (18 mo ext)  - Bio: 6/27/18

Transferred: Potomac Service Center 3/26/19

Approved/New Card Produced status: 4/25/19 - NOA2 hardcopy 4/29/19

10yr Green Card Received: 5/2/19 with error >_<

N400 : 7/16/23 - Oath : 10/19/23

 

 

 

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You can file jointly and he has to claim his UK earnings but unless he makes over 100k they will be exempt from taxes in us and if he works then he will claim that too I mean in the us. But you'll get the deduction if he chooses to be considered a resident for the entire year for couples which is way more but he won't have much taxable income which means a bigger refund usually

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What would happen exactly for us then, considering I'm not currently employed? He intends to work right up until he has his visa. All of his earnings will be split between his UK bank account and some in mine (when I get his name on my account). We'll apply for AOS as soon as possible, but I have no idea how long it will take him to find work once he has his EAD. Would we need to file a tax return next year even though there's the possibility neither one of us will be employed (I mean he might be, but he also might not)?

In your situation if you earn no income then you don't need to file anyway. And if he earns no US income, he doesn't either. There is no advantage to you. You don't get a refund if you didn't work and pay in money. There is nothing you paid in that can be given back. No point in filing a joint return.

Where it really helps is when the USC has a pretty good income and is in a higher tax bracket. Adding a spouse will reduce the taxable income over $10k. And if he didn't earn US money and his UK money gets excluded, it's like shaving a chunk off what the USC would have been taxed on had she filed on their own without the spouse. And it could even drop the USC to a lower tax bracket which is a bigger bonus.

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

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  • 1 year later...

Hi, so guys could you tell me if I have to report my uk salary received before coming to the states? I'm going to file jointly with my hubby, and elected to be treated as a resident for a full year... I came to the usa in April 2016 and worked from Jan to April in the uk. Is my salary going to be taxed again by the US government?

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  • 1 year later...
On 1/19/2017 at 3:10 AM, Joshiandmiri said:

Hi, so guys could you tell me if I have to report my uk salary received before coming to the states? I'm going to file jointly with my hubby, and elected to be treated as a resident for a full year... I came to the usa in April 2016 and worked from Jan to April in the uk. Is my salary going to be taxed again by the US government?

Looking for the answer to this too still if anyone on this thread has come across the correct answer....

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Filed: Citizen (apr) Country: England
Timeline
39 minutes ago, K1visaHopeful said:

Looking for the answer to this too still if anyone on this thread has come across the correct answer....

There is a whole forum on VJ for tax topics. This is the U.K. forum and you appear to be from Canada.

 

The short answer is you will not be TAXED by two countries. There Is a tax treaty. If you file jointly with a US spouse for 2018, you have to report your worldwide income (Canadian) for all of 2018. But there is a Foreign Earned Income Exclusion (Form 2555) to file with your return that can exclude from taxation anything earned in Canada prior to your US entry on 8/25/2018. The IRS wants to know about it, but you are protected from paying US tax on it.  

 

Another way is claim whatever you paid to Canada in income tax as a Foreign Tax Credit against what you (both) owe the IRS. You can't do both things. Either exclude the income from being taxed -or- get taxed on it and then take the foreign tax credit off what you owe the IRS jointly. You could figure it both ways and pick the way that gives you the best deal. Both are legit.

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1 hour ago, Wuozopo said:

There is a whole forum on VJ for tax topics. This is the U.K. forum and you appear to be from Canada.

 

The short answer is you will not be TAXED by two countries. There Is a tax treaty. If you file jointly with a US spouse for 2018, you have to report your worldwide income (Canadian) for all of 2018. But there is a Foreign Earned Income Exclusion (Form 2555) to file with your return that can exclude from taxation anything earned in Canada prior to your US entry on 8/25/2018. The IRS wants to know about it, but you are protected from paying US tax on it.  

 

Another way is claim whatever you paid to Canada in income tax as a Foreign Tax Credit against what you (both) owe the IRS. You can't do both things. Either exclude the income from being taxed -or- get taxed on it and then take the foreign tax credit off what you owe the IRS jointly. You could figure it both ways and pick the way that gives you the best deal. Both are legit.

Thanks! I was just looking for a general response from the US sides of the picture. And you've covered it! I'm saving this for my tax preparer for this upcoming year. Thanks for the elaborate response!

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