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Income Tax filing newly married

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Filed: AOS (apr) Country: Germany
Timeline

Just married in November... My wife has not worked in the US this year. How will this effect income tax filing for 2008? Do I file jointly with her at 0 income? She has a SSN already.

Thanks


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2/16/08 --> finally send I-129F to CSC

7/21/08 --> touched/NOA2 email

8/09/08 --> "Pakage 3" in the mail

8/21/08 --> Medical Exam

9/19/08 --> Interview

9/26/08 --> Visa arrived

10/08/08 --> flying from Duesseldorf - JFK - Cleveland

11/08/08 --> finally married :)

12/27/08 --> AOS/EAD/AP send to Chicago

5/13/09 --> found a job and we picked out Molly (Beagle Puppy)

5/20/09 --> I485 "Card has been ordered" and again on 5/29/09

5/23/09 --> "Welcome to the United States of America"

6/2/09 --> AOS approved

6/5/09 --> GC in the mail and at night brinnging home Molly... such a great feeling :)

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Filed: Citizen (apr) Country: Thailand
Timeline
Just married in November... My wife has not worked in the US this year. How will this effect income tax filing for 2008? Do I file jointly with her at 0 income? She has a SSN already.

Thanks

Did your wife work overseas this year? Foreign income has to be reported if you include her on your US income tax. Rin had no 2006 income tax (we married Oct 2006), so I filed "married filing jointly". If your wife had foreign income it will be have to be reported when you file (if filing "married filing jointly"), however a certain amount of foreign income may be excluded from US tax.

Check www.irs.gov and do a search for foreign income.


K-3

11/15/2006 - NOA1 Receipt for 129F

02/12/2007 - I-130 and I-129F approved!

04/17/2007 - Interview - visa approved!

04/18/2007 - POE LAX - Finally in the USA!!!

04/19/2007 - WE ARE FINALLY HOME!!!

09/20/2007 - Sent Packet 3 for K-4 Visas (follow to join for children)

10/02/2007 - K-4 Interviews - approved

10/12/2007 - Everyone back to USA!

AOS

06/20/2008 - Mailed I-485, I-765 (plus I-130 for children)

06/27/2008 - NOA1 for I-485, I-765, and I-130s

07/16/2008 - Biometrics appointment

08/28/2008 - EAD cards received

11/20/2008 - AOS Interviews - approved

Citizenship

08/22/2011 - Mailed N-400

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Filed: Citizen (apr) Country: Brazil
Timeline

mbc from K-1 Fiance(e) Visa Process & Procedures General to Moving Here and Your New Life In America


* ~ * Charles * ~ *
 

I carry a gun because a cop is too heavy.

 

USE THE REPORT BUTTON INSTEAD OF MESSAGING A MODERATOR!

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See these IRS publications:

http://www.irs.gov/publications/p519/index.html

http://www.irs.gov/publications/p501/index.html

The main point to remember is that single status is not available to married people. If you were legally married as of December 31, then you cannot file as single. Filing as single not only is a violation of IRS rules, but it also may cause problems with immigration -- you'll probably have to show the tax returns at adjusment of status, removal of conditions, and/or a future citizenship application, and it would put you in an odd position of trying to convince the USCIS that your marriage is bona fide while showing them a document where you claim to the IRS that you are not married at all.

You can either file as "married filing separately" or "married filing jointly". There may be some chance you would qualify as "head of household", but the circumstances for that would be unusual (you'd have to have a qualifying dependent living with you, and your spouse could not have lived with you during the last 6 months of the year).

If you file a joint return, then the two of you will file the return jointly. You'll both sign it, and you'll each need your social security numbers. If your alien spouse isn't eligible for a SSN yet, you'll file a W-7 and request an ITIN. For a joint return, the alien spouse will have to declare all income earned worldwide for the tax year, though tax treaties will probably mean that most or all of the income earned outside the US will be free of US income tax.

If you file a joint return and your alien spouse has little or no US income, be prepared for a significant reduction in your tax bill compared to filing as a single taxpayer.

If you file a "married filing separate" return, chances are you will end up paying a higher tax than a joint return, and probably higher than you used to pay as a single individual. But it depends on individual circumstances.

A nonresident alien is ordinarily not allowed to file a joint return. However, the two of you may elect to have your nonresident alien spouse treated as a resident. If you make this election, you can file a joint return. For details, see this part of publication 519.

http://www.irs.gov/publications/p519/ch01.html#d0e1603

Edited by lucyrich

04 Apr, 2004: Got married

05 Apr, 2004: I-130 Sent to CSC

13 Apr, 2004: I-130 NOA 1

19 Apr, 2004: I-129F Sent to MSC

29 Apr, 2004: I-129F NOA 1

13 Aug, 2004: I-130 Approved by CSC

28 Dec, 2004: I-130 Case Complete at NVC

18 Jan, 2005: Got the visa approved in Caracas

22 Jan, 2005: Flew home together! CCS->MIA->SFO

25 May, 2005: I-129F finally approved! We won't pursue it.

8 June, 2006: Our baby girl is born!

24 Oct, 2006: Window for filing I-751 opens

25 Oct, 2006: I-751 mailed to CSC

18 Nov, 2006: I-751 NOA1 received from CSC

30 Nov, 2006: I-751 Biometrics taken

05 Apr, 2007: I-751 approved, card production ordered

23 Jan, 2008: N-400 sent to CSC via certified mail

19 Feb, 2008: N-400 Biometrics taken

27 Mar, 2008: Naturalization interview notice received (NOA2 for N-400)

30 May, 2008: Naturalization interview, passed the test!

17 June, 2008: Naturalization oath notice mailed

15 July, 2008: Naturalization oath ceremony!

16 July, 2008: Registered to vote and applied for US passport

26 July, 2008: US Passport arrived.

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Just married in November... My wife has not worked in the US this year. How will this effect income tax filing for 2008? Do I file jointly with her at 0 income? She has a SSN already.

Thanks

Did your wife work overseas this year? Foreign income has to be reported if you include her on your US income tax. Rin had no 2006 income tax (we married Oct 2006), so I filed "married filing jointly". If your wife had foreign income it will be have to be reported when you file (if filing "married filing jointly"), however a certain amount of foreign income may be excluded from US tax.

Check www.irs.gov and do a search for foreign income.

Is this true? I didn't report any "foregin income" (as if that's the U.S. government's business) because the tax place I went to said I did not have to. And it was a place that helped immigrants too. Go figure.

I don't see how any income one makes in their home country before coming to the U.S. is any of the American government's business.


I HATE miles, gallons, pints, words spelled without u's, and all that other jazz...

07/21/07 Entered United States on K1 visa

08/18 Married

10/20 Sent AOS package to Chicago; arrived on 10/22

11/21 Biometrics appointment

12/14 EAD card production ordered; AP approved

12/15 AOS transferred to CSC

12/22 AP arrives in mail

12/27 Received EAD in mail

02/15/08 Green Card production ordered

02/25 Received Welcome letter in mail

02/28 Green card arrived in mail. Done with USCIS for now

01/12/10 Sent I-751 to California Service Center; arrived on 1/14/2010

02/09 Biometrics appointment in Michigan City, Indiana

02/10 Case updated

02/23 Received NOA

03/08 Card production ordered

03/10 ROC approval letter arrives

03/15 Ten year Green card arrives

02/17/12 Mailed citizenship application

forget day Biometrics appointment in Michigan City, Indiana

05/14 Interview and test in Indianapolis, Indiana

05/23 Received oath letter

06/15 Oath ceremony...end of the line.

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Just married in November... My wife has not worked in the US this year. How will this effect income tax filing for 2008? Do I file jointly with her at 0 income? She has a SSN already.

Thanks

Did your wife work overseas this year? Foreign income has to be reported if you include her on your US income tax. Rin had no 2006 income tax (we married Oct 2006), so I filed "married filing jointly". If your wife had foreign income it will be have to be reported when you file (if filing "married filing jointly"), however a certain amount of foreign income may be excluded from US tax.

Check www.irs.gov and do a search for foreign income.

Is this true? I didn't report any "foregin income" (as if that's the U.S. government's business) because the tax place I went to said I did not have to. And it was a place that helped immigrants too. Go figure.

I don't see how any income one makes in their home country before coming to the U.S. is any of the American government's business.

Yes, it's true. See here:

http://www.irs.gov/publications/p519/ch02.html#d0e1744

A resident alien's income is generally subject to tax in the same manner as a U.S. citizen. If you are a resident alien, you must report all interest, dividends, wages, or other compensation for services, income from rental property or royalties, and other types of income on your U.S. tax return. You must report these amounts whether from sources within or outside the United States.

An alien must be considered a resident alien in order to file a joint return. The alternative is to be considered a nonresident alien. Nonresident aliens generally aren't subject to tax from non-US sources, but they're also not eligible to file a joint return.


04 Apr, 2004: Got married

05 Apr, 2004: I-130 Sent to CSC

13 Apr, 2004: I-130 NOA 1

19 Apr, 2004: I-129F Sent to MSC

29 Apr, 2004: I-129F NOA 1

13 Aug, 2004: I-130 Approved by CSC

28 Dec, 2004: I-130 Case Complete at NVC

18 Jan, 2005: Got the visa approved in Caracas

22 Jan, 2005: Flew home together! CCS->MIA->SFO

25 May, 2005: I-129F finally approved! We won't pursue it.

8 June, 2006: Our baby girl is born!

24 Oct, 2006: Window for filing I-751 opens

25 Oct, 2006: I-751 mailed to CSC

18 Nov, 2006: I-751 NOA1 received from CSC

30 Nov, 2006: I-751 Biometrics taken

05 Apr, 2007: I-751 approved, card production ordered

23 Jan, 2008: N-400 sent to CSC via certified mail

19 Feb, 2008: N-400 Biometrics taken

27 Mar, 2008: Naturalization interview notice received (NOA2 for N-400)

30 May, 2008: Naturalization interview, passed the test!

17 June, 2008: Naturalization oath notice mailed

15 July, 2008: Naturalization oath ceremony!

16 July, 2008: Registered to vote and applied for US passport

26 July, 2008: US Passport arrived.

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Filed: AOS (apr) Country: Zambia
Timeline

Filing jointly will save you on taxes...one additional dependent. As to the immigrant spouse's overseas income, it need not be declared. For one thing, the spouse is not yet a legal permanent resident, right? And she wasn't really a resident alien, as described by the IRS.

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Yup. I don't plan on declaring my 2008 overseas earned income on my (first) US tax return this year since I became a US permanent resident after I had earned that money


DCF Timeline here

POE Timeline

08/24/2008 POE Seattle

08/29/2008 SSN assigned

09/08/2008 SSN (Card) received

09/29/2008 Green Card received

I-90 Timeline (USCIS error)

11/10/2008 Send I-90 to Texas service center

12/xx/2008 NOA1

01/07/2009 Card production ordered

01/14/2009 Card mailed

01/xx/2009 Card received

I-751 Timeline

06/02/2010 Send I-751 to California service center

06/04/2010 Received at CSC

06/07/2010 NOA1

06/09/2010 Check cashed

07/27/2010 Biometrics

07/28/2010 Touch

09/02/2010 Approved

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Filed: Citizen (apr) Country: Thailand
Timeline
Filing jointly will save you on taxes...one additional dependent. As to the immigrant spouse's overseas income, it need not be declared. For one thing, the spouse is not yet a legal permanent resident, right? And she wasn't really a resident alien, as described by the IRS.

Yes, filing jointly will usually save you on taxes, but a spouse is not a "dependent" in the eyes of the IRS (they are a spouse and you and your spouse are entitled to one "exemption" each).

And yes, a spouse's overseas income has to be declared as 'Lucyrich' states but the majority of individuals will have that income exempted due to tax treaties.

Also a "resident alien" as defined by the IRS is not equivalent to a "legal permanent resident" as defined by the USCIS. My wife was a "resident alien" for tax purposes in 2006 and 2007, but did not become a "legal permanent resident" until November 2008. IRS publication 519 goes into great details on how to be declared a "resident alien" for tax purposes.


K-3

11/15/2006 - NOA1 Receipt for 129F

02/12/2007 - I-130 and I-129F approved!

04/17/2007 - Interview - visa approved!

04/18/2007 - POE LAX - Finally in the USA!!!

04/19/2007 - WE ARE FINALLY HOME!!!

09/20/2007 - Sent Packet 3 for K-4 Visas (follow to join for children)

10/02/2007 - K-4 Interviews - approved

10/12/2007 - Everyone back to USA!

AOS

06/20/2008 - Mailed I-485, I-765 (plus I-130 for children)

06/27/2008 - NOA1 for I-485, I-765, and I-130s

07/16/2008 - Biometrics appointment

08/28/2008 - EAD cards received

11/20/2008 - AOS Interviews - approved

Citizenship

08/22/2011 - Mailed N-400

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Filed: Citizen (apr) Country: Thailand
Timeline
Yup. I don't plan on declaring my 2008 overseas earned income on my (first) US tax return this year since I became a US permanent resident after I had earned that money

Letter of the law and what people do and get away with are two different things entirely. It is highly unlikely the IRS would find out about your foreign income/tax (unless you are the Beckham's).

I see you filed DCF. When were you married? If in 2007, did your SO (USC ) file married filing jointly, married filing separately, head of household, or single?


K-3

11/15/2006 - NOA1 Receipt for 129F

02/12/2007 - I-130 and I-129F approved!

04/17/2007 - Interview - visa approved!

04/18/2007 - POE LAX - Finally in the USA!!!

04/19/2007 - WE ARE FINALLY HOME!!!

09/20/2007 - Sent Packet 3 for K-4 Visas (follow to join for children)

10/02/2007 - K-4 Interviews - approved

10/12/2007 - Everyone back to USA!

AOS

06/20/2008 - Mailed I-485, I-765 (plus I-130 for children)

06/27/2008 - NOA1 for I-485, I-765, and I-130s

07/16/2008 - Biometrics appointment

08/28/2008 - EAD cards received

11/20/2008 - AOS Interviews - approved

Citizenship

08/22/2011 - Mailed N-400

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Filed: Citizen (apr) Country: Thailand
Timeline

A link to one of last year's (with links to previous year's) discussion on taxes. Deja vu!

http://www.visajourney.com/forums/index.ph...c=111629&hl


K-3

11/15/2006 - NOA1 Receipt for 129F

02/12/2007 - I-130 and I-129F approved!

04/17/2007 - Interview - visa approved!

04/18/2007 - POE LAX - Finally in the USA!!!

04/19/2007 - WE ARE FINALLY HOME!!!

09/20/2007 - Sent Packet 3 for K-4 Visas (follow to join for children)

10/02/2007 - K-4 Interviews - approved

10/12/2007 - Everyone back to USA!

AOS

06/20/2008 - Mailed I-485, I-765 (plus I-130 for children)

06/27/2008 - NOA1 for I-485, I-765, and I-130s

07/16/2008 - Biometrics appointment

08/28/2008 - EAD cards received

11/20/2008 - AOS Interviews - approved

Citizenship

08/22/2011 - Mailed N-400

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We married in July last year and he filed as single. Perhaps I am mistaken but I didn't think it was necessary as I was a non resident alien then and had no plans of becoming one either (our circumstances changed quite suddenly this year). Everything I have read has said that it's our choice, not a definite rule

(we will of course be filing joint for 2008 since I have become a resident and am earning a US based income)


DCF Timeline here

POE Timeline

08/24/2008 POE Seattle

08/29/2008 SSN assigned

09/08/2008 SSN (Card) received

09/29/2008 Green Card received

I-90 Timeline (USCIS error)

11/10/2008 Send I-90 to Texas service center

12/xx/2008 NOA1

01/07/2009 Card production ordered

01/14/2009 Card mailed

01/xx/2009 Card received

I-751 Timeline

06/02/2010 Send I-751 to California service center

06/04/2010 Received at CSC

06/07/2010 NOA1

06/09/2010 Check cashed

07/27/2010 Biometrics

07/28/2010 Touch

09/02/2010 Approved

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Filed: Citizen (apr) Country: Thailand
Timeline
We married in July last year and he filed as single. Perhaps I am mistaken but I didn't think it was necessary as I was a non resident alien then and had no plans of becoming one either (our circumstances changed quite suddenly this year). Everything I have read has said that it's our choice, not a definite rule

(we will of course be filing joint for 2008 since I have become a resident and am earning a US based income)

It is your choice as to whether you declare yourself a "non-resident" or "resident" alien for tax purposes per IRS pub. 519. Living abroad, I am not sure what the USC filing status should have been, but pub 54 suggests he could potentially have filed as "head of household" vs "single". Would be an interesting question for someone with far greater tax knowledge than I have!

http://www.irs.gov/publications/p54/ch01.html

Edited by rin and john

K-3

11/15/2006 - NOA1 Receipt for 129F

02/12/2007 - I-130 and I-129F approved!

04/17/2007 - Interview - visa approved!

04/18/2007 - POE LAX - Finally in the USA!!!

04/19/2007 - WE ARE FINALLY HOME!!!

09/20/2007 - Sent Packet 3 for K-4 Visas (follow to join for children)

10/02/2007 - K-4 Interviews - approved

10/12/2007 - Everyone back to USA!

AOS

06/20/2008 - Mailed I-485, I-765 (plus I-130 for children)

06/27/2008 - NOA1 for I-485, I-765, and I-130s

07/16/2008 - Biometrics appointment

08/28/2008 - EAD cards received

11/20/2008 - AOS Interviews - approved

Citizenship

08/22/2011 - Mailed N-400

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Filed: IR-1/CR-1 Visa Country: Jamaica
Timeline
If you file a "married filing separate" return, chances are you will end up paying a higher tax than a joint return, and probably higher than you used to pay as a single individual. But it depends on individual circumstances.

http://www.irs.gov/publications/p519/ch01.html#d0e1603

I'm sorry if I'm slow..but what does this mean exactly ? Does it mean when u file separate u'll get a lesser return IF ur getting one?


MOTIVATE A CHILD... SUPPORT OPEN ARMS FOR JAMAICA'S FUTURE, INC. WE NEED A BRIGHTER TOMORROW !!!!!!

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So with the UK's tax year running from April to April, how am I meant to get my year's income on paper before then?? And if I have already paid taxes in the UK, why would they have to be paid here as well?


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.`*.¸.*´ ~Timeline~

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10 Year GC Received 03/16/11 - Apply for Citizenship 01/28/12!

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Updating our story and website @ Jeraly.com!

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