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Filed: AOS (apr) Country: Philippines
Timeline
Posted

Hi everyone, if anyone knows about taxes please confirm we have this info correct....

I'm sure this has been covered, but please bear with me :blush:

-I am a U.S. Citizen.

-My wife came to the U.S. in July 2008 on K1.

-We were married in the U.S. in Sept 2008.

-My wife now has her green card, but received it in 2009.

-Incidentally, she has not worked worldwide in 2008

My wife was considered a nonresident alien for 2008, but for tax purposes she can be considered a U.S resident and we can file a joint return as long as we include with our return a statement signed by both of us stating that we want her to be treated as a U.S resident for the 2008 tax year.

Does this sound right? Thanks!

Posted

Your correct. Plus do not forget to have either an SSN or file for an ITIN. In your case SSN makes sense.

Love forever,

Dale & Trisha

Married: 9/29/2008

K3 Visa

POE-MSP: 3/13/2009

AOS/EAD

Greencard received: 08/29/2009

Removal of Conditions:

Approved: 10/20/2011

Citizenship

9/19/2012

Filed: Citizen (apr) Country: Thailand
Timeline
Posted

Your statements are correct. Regarding the SSN/ITIN, make sure you get the SSN before filing (if she doesn't have it yet, it will take about two weeks since she has her GC). If you file MFJ with a SSN for your wife, she will receive the tax stimulus rebate ($600). With an ITIN, she will not.

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

Filed: Timeline
Posted
Your statements are correct. Regarding the SSN/ITIN, make sure you get the SSN before filing (if she doesn't have it yet, it will take about two weeks since she has her GC). If you file MFJ with a SSN for your wife, she will receive the tax stimulus rebate ($600). With an ITIN, she will not.

1. What if wife arrived in August 16,2008 and no SSN yet. Can the husband file for MFJ?

2. Can the husband file for MFS and then file for amended 2008 tax return after the wife gets the SSN? will they both receive the stimulus rebate or only the husband ?

Posted (edited)
2. Can the husband file for MFS and then file for amended 2008 tax return after the wife gets the SSN? will they both receive the stimulus rebate or only the husband ?

If the husband got his $600 stimulus rebate based on his 2007 return, then no. If he got only part of the $600 because of the phase out at higher incomes, then he may qualify now for the rest of his $600. The wife did not get her $600 for 2007 so gets all of hers in the 2008 Recovery Rebate Credit. It is a credit, not a check issued like last year.

Edited by Nich-Nick

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

Filed: AOS (apr) Country: Philippines
Timeline
Posted

Oh, yes I forgot to mention she got her SS# already in 2008, so I think we're all set. Thanks for the replies everyone ;)

Hi everyone, if anyone knows about taxes please confirm we have this info correct....

I'm sure this has been covered, but please bear with me :blush:

-I am a U.S. Citizen.

-My wife came to the U.S. in July 2008 on K1.

-We were married in the U.S. in Sept 2008.

-My wife now has her green card, but received it in 2009.

-Incidentally, she has not worked worldwide in 2008

My wife was considered a nonresident alien for 2008, but for tax purposes she can be considered a U.S resident and we can file a joint return as long as we include with our return a statement signed by both of us stating that we want her to be treated as a U.S resident for the 2008 tax year.

Does this sound right? Thanks!

 
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