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Nicole72082

Taxes, Help!!!

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First off, I don't know why the tax publications have to be so confusing! At first I was thinking my husband would have to file a dual-status, since he moved over in April and wasn't a resident until December, but was working in November with an EAD. Then they say you can choose to file as a resident for the tax year. Besides these few things, I would be able to file this just fine myself. I just don't want to file one way then get into big trouble for it being wrong. What have some of you done? Please don't say read the IRS website, because I'm trying to! The current publication I'm reading is 72 pages long and very contradicting to itself.


April 21 Dave arrives in America!

April 28 WE GET MARRIED!!!

May 9 Went to SS office and was denied

May 15 After gathering all paperwork, told we must file through DORA program

July 19 DORA appointment - they send paperwork to Chicago after this.

July 24 Paperwork is received by Chicago

August 9 Notice for Biometrics appointment

August 28 NOAs for AOS/EAD

Sept 6 Biometrics

Sept 26 Email saying card production ordered for EAD.. YES!!!

Oct 9 EAD card, Yay!!!!!

Dec 31 Finally got the Resident card! Yay!!!

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First off, I don't know why the tax publications have to be so confusing! At first I was thinking my husband would have to file a dual-status, since he moved over in April and wasn't a resident until December, but was working in November with an EAD. Then they say you can choose to file as a resident for the tax year. Besides these few things, I would be able to file this just fine myself. I just don't want to file one way then get into big trouble for it being wrong. What have some of you done? Please don't say read the IRS website, because I'm trying to! The current publication I'm reading is 72 pages long and very contradicting to itself.

You can file as married if you were married by December 31rst. Its a little more complicated, if you income from both foreign and domestic sources. Although income up to $80,000 earned outside the US is tax exempt. For anything over that, there may be tax treaties preventing double taxation.


keTiiDCjGVo

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Do not confuse tax residency with immigration residency... they may not always be the same....

Well, after I posted, I went over to read some more on IRS.gov and they keep talking about residency starting under the substantial test. So, would they consider that Dave has lived here since April, so that would have him here most of the year.... or the fact that he didn't get his residency card until December 18th. :)


April 21 Dave arrives in America!

April 28 WE GET MARRIED!!!

May 9 Went to SS office and was denied

May 15 After gathering all paperwork, told we must file through DORA program

July 19 DORA appointment - they send paperwork to Chicago after this.

July 24 Paperwork is received by Chicago

August 9 Notice for Biometrics appointment

August 28 NOAs for AOS/EAD

Sept 6 Biometrics

Sept 26 Email saying card production ordered for EAD.. YES!!!

Oct 9 EAD card, Yay!!!!!

Dec 31 Finally got the Resident card! Yay!!!

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Do not confuse tax residency with immigration residency... they may not always be the same....

Well, after I posted, I went over to read some more on IRS.gov and they keep talking about residency starting under the substantial test. So, would they consider that Dave has lived here since April, so that would have him here most of the year.... or the fact that he didn't get his residency card until December 18th. :)

First test is the greencard test... if he has it (or acquired it) during the tax year then he is a resident for tax purposes...

based on your facts you do not need to go further (to the substantial presence test , etc..) as you already passed test #1


YMMV

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CONTACT Kezzie on this website, she has experience in this area I do believe and she seems to know what she is talking about, I think she could help you with your questions very quickly and correctly if you were to give her a personal message, and I do believe she is some sort of Enrolled Tax Agent Specialist that works on tax returns. :thumbs:

Do not confuse tax residency with immigration residency... they may not always be the same....

Well, after I posted, I went over to read some more on IRS.gov and they keep talking about residency starting under the substantial test. So, would they consider that Dave has lived here since April, so that would have him here most of the year.... or the fact that he didn't get his residency card until December 18th. :)

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Do not confuse tax residency with immigration residency... they may not always be the same....

Well, after I posted, I went over to read some more on IRS.gov and they keep talking about residency starting under the substantial test. So, would they consider that Dave has lived here since April, so that would have him here most of the year.... or the fact that he didn't get his residency card until December 18th. :)

Residency for the purposes of Immigration is different than residency as required to file taxes. You can file your taxes as married and your husband could be living in Timbuktu.

It does not matter when he got his greencard....it matters when you got married. If that was before Dec. 31, then you can file as a married filing jointly. :-)

-P


funny-dog-pictures-wtf.jpg

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CONTACT Kezzie on this website, she has experience in this area I do believe and she seems to know what she is talking about, I think she could help you with your questions very quickly and correctly if you were to give her a personal message, and I do believe she is some sort of Enrolled Tax Agent Specialist that works on tax returns. :thumbs:

Do not confuse tax residency with immigration residency... they may not always be the same....

Well, after I posted, I went over to read some more on IRS.gov and they keep talking about residency starting under the substantial test. So, would they consider that Dave has lived here since April, so that would have him here most of the year.... or the fact that he didn't get his residency card until December 18th. :)

I'm sure Kezzie appreciates you offering her services on PM. :blink:

She'll likely happen about this thread in due time.


SA4userbar.jpg

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Residency for the purposes of Immigration is different than residency as required to file taxes. You can file your taxes as married and your husband could be living in Timbuktu.

It does not matter when he got his greencard....it matters when you got married. If that was before Dec. 31, then you can file as a married filing jointly. :-)

-P

Please be careful... For an alien spouse living abroad, Married Filing Joint (MFJ) is only available if you elect to do so AND by declaring the alien's worldwide income as US based income..... May not be beneficial dependant on circumstances....


YMMV

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Determining Alien Tax Status

If you are an alien (not a U.S. citizen), you are considered a nonresident alien unless you meet one of two tests. You are a resident alien of the United States for tax purposes if you meet either the green card test or the substantial presence test for the calendar year (January 1-December 31).

http://www.irs.gov/businesses/small/intern...d=96392,00.html

If you were married on Dec 31st 2007 the you need to file as Married filling seperate or Married filling Jointly.... for most people it is better to file as MFJ....

If you are unsure how to do your taxes for this year then there are places like H&R Block that can help you file and get the best refund, if you are due a refund....

To the OP as I do not have all your information available I can not say what would be the best for your Husband Resident Alien or Non-resident Alien.... most people file as resident and have any foreign income excluded...

Hope this helps

Kez

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Residency for the purposes of Immigration is different than residency as required to file taxes. You can file your taxes as married and your husband could be living in Timbuktu.

It does not matter when he got his greencard....it matters when you got married. If that was before Dec. 31, then you can file as a married filing jointly. :-)

-P

Please be careful... For an alien spouse living abroad, Married Filing Joint (MFJ) is only available if you elect to do so AND by declaring the alien's worldwide income as US based income..... May not be beneficial dependant on circumstances....

Ah, I see, I didn't know that. Thanks for clearing it up. :)


funny-dog-pictures-wtf.jpg

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that question was on my mind too ,

when my husband files the taxes ( I came with K1 now am AOS pending ) can we file married and am I correct my status is none resident alien ?? we got married Dec 1

( sorry to hitchike your treat )


 

129f for K1 visa filed in march 07 check my timeline for full info

03 March 2008 , received welcome letter and 2 year GC yeahhhhhhhhhhhhh

22 NOV 2009 to lift condition GC expires 22 Feb 2010

24 Nov 09 send in I 751 ( ROC , in VT )

25 Nov 09 Your item was delivered at 12:10 PM in SAINT ALBANS, VT 05479 to INS .

30 Nov 09 Check Cashed

21 Dec 09 biometric

On March 9, 2010, we ordered production of your new card.

12 March 2010 received approval letter in mail

16 March 2010 10 year Green Card received in mail exp date March 09 / 2020

April 14/2017 send N400 

04/25/17 credit card charged 

04/25/17 e mail NOA send 

05/01/17 hard copy of NOA dated 04/25 received in mail

05/06/17 biometric hard copy in mail 

05/19/17 Biometric appointment in Hartford CT 

07/17/17 Inline for Interview 

07/24/17 Interview letter in mail 

08/24/17 Interview in Springfield MA ... Yes Aproved

09/14/17 Oath Ceremony .... done I am a US citizen

09/22/17 Applied for Passport ( per reg mail ) 

10/04/17 got passport in mail  

10/13/17 got certificate in mail  , updated status with social security office 

AM DONE YEAHHHHHHHHHHH 

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that question was on my mind too ,

when my husband files the taxes ( I came with K1 now am AOS pending ) can we file married and am I correct my status is none resident alien ?? we got married Dec 1

( sorry to hitchike your treat )

If you are married on the last day of the tax year then you are considered married for the entire tax year....

The non resident/resident alien status will depend on the results of the two tests... Since you are pending then you do not pass test #1. Simplifying the substantial presence test it is essentially a number of days in country based calculation... Your results will depend on your circumstances...


YMMV

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that question was on my mind too ,

when my husband files the taxes ( I came with K1 now am AOS pending ) can we file married and am I correct my status is none resident alien ?? we got married Dec 1

( sorry to hitchike your treat )

Yes you have to file as married because you were still married on Dec 31st 2007.... you have a choice as to your status for taxes... you can file as a resident or as a non-resident or both... i.e. part of the year you were non-resident and part of the year you were resident...

Most people file as resident for tax and if they have foreign income from before they moved here they can claim a foreign tax credit for 2007...

Kez

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