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Federal Tax Filing for Petitioner after Marriage

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Filed: K-1 Visa Country: Philippines
Timeline
Not sure if there's any discussion similar to this already, and if this concerns other VJ members. It's tax filing time. We're just curious what status husband (US citizen who petitioned me under K1 fiancee visa) uses for his tax filing - is it married filing jointly or married filing separately? I am not working yet as am waiting for EAD approval. And I was employed in my country up to last year before coming to the US and getting married. Let me know what others in the same case are doing. Thanks.

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Filed: AOS (apr) Country: Philippines
Timeline

Whether you file separate or joint is based on individual circumstances. The question is what is your alien status... resident or non resident alien.


YMMV

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Filed: AOS (apr) Country: Philippines
Timeline
If you have a Social Security number it is better for you to file married filing jointly even if only one spouse had income. The tax rates are lower this way.

SSN is not the determining factor as to whether you file joint or separate


YMMV

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Filed: AOS (apr) Country: New Zealand
Timeline

If you dont have a SSN you can apply for a ITIN.

Married filing jointly is generally the better way to go but that depends on your situation.


I 130 & I129F (K3) and AOS info in timeline

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Not sure if there's any discussion similar to this already, and if this concerns other VJ members. It's tax filing time. We're just curious what status husband (US citizen who petitioned me under K1 fiancee visa) uses for his tax filing - is it married filing jointly or married filing separately? I am not working yet as am waiting for EAD approval. And I was employed in my country up to last year before coming to the US and getting married. Let me know what others in the same case are doing. Thanks.

The answer is married filing jointly... one of the few benefits of getting married = tax break :)


6/21/2006 - sent i130.i485,i131,i765,biometrics, sponsor

6/23/2006 - recieved by MSC

6/27/2006 - notice date on NOA

7/26/2006 - fingerprinting

recieived notice for interview... duno when

9/2/2006 - all apps touched

9/13/2006 - interview. waiting for bkground, no approve.deny case will be reviewed as my case in more complicated., i1131, i485 sepereated from file, claimed that they will be sent for processing

9/22/2006 - called national customer support., been 90 days, no interim ead (i knew i wldnt have it yet) was told to go to santa ana

9/26/2006 - office claims file is floating around somewhere in the mail room, they will find my work permit app and travel doc app and send it for processing

9/26/2006 - drive to LA to double check what they said, office at LA claims that santa ana sent work p, travel to NBC

9/27/2006 - EAD, Travel docs touched

9/28/2006 - EAD, Travel docs tocuhed

9/29/2006 - :( nothing touched, no letters no emails :(:( ---- waiting., will send letter to congressman monday

10/2/2006 - Travel Docs Touched, nothing new on EAD....Wife sent letter to congressman

10/2/2006 - Got Travel Doc in the mail

10/2/2006 9:30 PM PST, 5 email ead approved, will mail me new card

10/6/2006 10:30 AM PST, got 3 emails saying that they have mailed out an approval letter for my EAD... hmmm wheres the damn EAD,

10/7/2006 - Got EAD with a TYPO in a#!!!! in the mail

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Filed: AOS (apr) Country: Egypt
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Not sure if there's any discussion similar to this already, and if this concerns other VJ members. It's tax filing time. We're just curious what status husband (US citizen who petitioned me under K1 fiancee visa) uses for his tax filing - is it married filing jointly or married filing separately? I am not working yet as am waiting for EAD approval. And I was employed in my country up to last year before coming to the US and getting married. Let me know what others in the same case are doing. Thanks.

The answer is married filing jointly... one of the few benefits of getting married = tax break :)

What if we got married the 21st of December? I filed for a new SSN and name change 1st week of January, but I was legally married in 2007.... my husband didn't work in the US that year... so do I file as married, or single?


يَايُّهَا الَّذِينَ ءامَنُوا اسْتَعِينُوا بِالصَّبْرِ وَالصَّلَوةِ اِنَّ اللَّهَ مَعَ الصَّبِرِينَ

“O you who believe! seek assistance through patience and prayer; surely Allah is with the patient. (Al-Baqarah 2:153 )”

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Filed: AOS (apr) Country: Philippines
Timeline
Not sure if there's any discussion similar to this already, and if this concerns other VJ members. It's tax filing time. We're just curious what status husband (US citizen who petitioned me under K1 fiancee visa) uses for his tax filing - is it married filing jointly or married filing separately? I am not working yet as am waiting for EAD approval. And I was employed in my country up to last year before coming to the US and getting married. Let me know what others in the same case are doing. Thanks.

The answer is married filing jointly... one of the few benefits of getting married = tax break :)

What if we got married the 21st of December? I filed for a new SSN and name change 1st week of January, but I was legally married in 2007.... my husband didn't work in the US that year... so do I file as married, or single?

You file based on your marital status as of the last day of the tax year....

The answer is married filing jointly... one of the few benefits of getting married = tax break :)

This is true most of the time but there are situations and circumstances when it actually can penalize....


YMMV

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Filed: Country: Jamaica
Timeline

I would contact a qualified accountant and ask this question.


Life's just a crazy ride on a run away train

You can't go back for what you've missed

So make it count, hold on tight find a way to make it right

You only get one trip

So make it good, make it last 'cause it all flies by so fast

You only get one trip

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Filed: Citizen (apr) Country: England
Timeline
Not sure if there's any discussion similar to this already, and if this concerns other VJ members. It's tax filing time. We're just curious what status husband (US citizen who petitioned me under K1 fiancee visa) uses for his tax filing - is it married filing jointly or married filing separately? I am not working yet as am waiting for EAD approval. And I was employed in my country up to last year before coming to the US and getting married. Let me know what others in the same case are doing. Thanks.

The answer is married filing jointly... one of the few benefits of getting married = tax break :)

What if we got married the 21st of December? I filed for a new SSN and name change 1st week of January, but I was legally married in 2007.... my husband didn't work in the US that year... so do I file as married, or single?

Richard and I got married on 12/31 (not this year of course) and we filed jointly. He had no SSN and we got him an ITIN...No problem. He had no US income and it helped "my" tax position....saved us $$$$

Bette

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Filed: AOS (apr) Country: Philippines
Timeline

A word of caution about using an ITIN. Many illegal aliens use ITIN's and the IRS cannot distinguish between a legal resident and an illegal resident when you file taxes. The only reason I am mentioning this is because there is an effort in the Senate to prevent anyone using an ITIN in 2007 from getting the tax rebate proposed in the stimulus plan. For this reason, I am going to wait until my spouse gets her SSN and then file for 2007.

Edited by Tsup2

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Filed: Citizen (apr) Country: England
Timeline
A word of caution about using an ITIN. Many illegal aliens use ITIN's and the IRS cannot distinguish between a legal resident and an illegal resident when you file taxes. The only reason I am mentioning this is because there is an effort in the Senate to prevent anyone using an ITIN in 2007 from getting the tax rebate proposed in the stimulus plan. For this reason, I am going to wait until my spouse gets her SSN and then file for 2007.

It was not an issue when we filed and if we had waited for the deadline it would have taken us past the 4/15 deadline for sure. I guess the USC could file as single and do an amended return later, but I would certainly ask the advise of an good CPA (not just a tax preparer).

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Filed: Citizen (apr) Country: Senegal
Timeline
Not sure if there's any discussion similar to this already, and if this concerns other VJ members. It's tax filing time. We're just curious what status husband (US citizen who petitioned me under K1 fiancee visa) uses for his tax filing - is it married filing jointly or married filing separately? I am not working yet as am waiting for EAD approval. And I was employed in my country up to last year before coming to the US and getting married. Let me know what others in the same case are doing. Thanks.

The answer is married filing jointly... one of the few benefits of getting married = tax break :)

What if we got married the 21st of December? I filed for a new SSN and name change 1st week of January, but I was legally married in 2007.... my husband didn't work in the US that year... so do I file as married, or single?

I know the answer to your question, because we are in the process of filing and getting all of our documents together. The IRS considers you married for the entire year of 2007 if you were married on 12-31-07. So you should file as married.

Edited by taurean

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Filed: AOS (pnd) Country: Belgium
Timeline
Not sure if there's any discussion similar to this already, and if this concerns other VJ members. It's tax filing time. We're just curious what status husband (US citizen who petitioned me under K1 fiancee visa) uses for his tax filing - is it married filing jointly or married filing separately? I am not working yet as am waiting for EAD approval. And I was employed in my country up to last year before coming to the US and getting married. Let me know what others in the same case are doing. Thanks.

The answer is married filing jointly... one of the few benefits of getting married = tax break :)

What if we got married the 21st of December? I filed for a new SSN and name change 1st week of January, but I was legally married in 2007.... my husband didn't work in the US that year... so do I file as married, or single?

I know the answer to your question, because we are in the process of filing and getting all of our documents together. The IRS considers you married for the entire year of 2007 if you were married on 12-31-07. So you should file as married.

For more information look at IRS publication 519 http://www.irs.gov/publications/p519/ch01.html


K-1 Visa Service Center : California Service Center ; Consulate : Belgium

2007-04-18 = I-129F Sent

2007-05-14 = I-129F NOA1

2007-08-10 = I-129F NOA2

2007-09-17 = Consulate Received

2007-09-18 = Packet 3 Received

2007-09-19 = Packet 3 Sent

2007-09-19 = Packet 4 Received

2007-09-24 = Interview Date

2007-09-24 = Visa Received

2007-09-28 = US Entry

2007-11-10 = Marriage

Processing Estimates/Stats : I-129f was approved in 114 days from your filing date. Interview took 159 days from your I-129F filing date.

Adjustment of Status CIS Office : Las Vegas NV

2007-11-23 = Date Filed at Chicago lockbox (priority date)

2007-11-29 = NOA Date

2007-12-07 = RFE(s) IRS tax forms

2007-12-21 = Biometrics Appt.

2007-12-23 = Met with an immigration lawyer who told us how to prove income without IRS tax forms

2008-01-10 = NOA reciept of RFE at Lee's Summit, case processing resumed

2008-03-24 = Interview Date (cancelled but we will still be going)

Pending : Approval / Denial Date, Got I551 Stamp, Greencard Received

Employment Authorization Document CIS Office : Chicago National Office; Filing Method : Mail; Filing Instance : First

2007-11-23 = Date Filed (priority date)

2007-11-29 = NOA Date

2007-12-21 = Bio. Appt.

2007-12-21 = Touche

2008-02-12 = Card production ordered

2008-02-13 = Touche

2008-02-15 = Approval email

2008-02-19 = Card Received

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