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Filed: K-3 Visa Country: Philippines
Timeline
Posted

hello guys,

My husband and I have difficulty on filing taxes jointly. We got married last March 2008 and I came here in the US using my K3 visa and we are on the stage of filing my AOS. We went to H & R block ( to do our taxes) and they advice my spouse to file single and just ammend it next year since we can't file jointly, it is because i am just here in the US for a month and filing jointly , a non resident alien spouse should atleast here in the US atleast three months. We need to submit our taxes this april but up to now we can't start anything. Is anyone here in Visa Journey could help us out? If my spouse file single, will it affect my AOS and be question by USCIS?

Please help us out if there is any ways we can file jointly that can't affect my AOS.

Awaiting for your prompt replies and advice. God Bless you all!

Posted

There are a few posts on this in VJ. Essentially you can look at IRS Pub 519 http://www.irs.gov/pub/irs-pdf/p519.pdf and explains that the non-resident spouse can be considered a full-time resident spouse if the couple signs a statement that they will treat declare thier global income. For most people that is not a problem. In the case of the filipino partner if they had income they can have it then reduced by over $88k.

In Pub 519 look at page 10, right in the middle there is a section on NonResident Spouses

You will need to also attach a form W-7 to get an ITIN in place of the SSN for the 1040.

Hope this helps you

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: Timeline
Posted
hello guys,

My husband and I have difficulty on filing taxes jointly. We got married last March 2008 and I came here in the US using my K3 visa and we are on the stage of filing my AOS. We went to H & R block ( to do our taxes) and they advice my spouse to file single and just ammend it next year since we can't file jointly, it is because i am just here in the US for a month and filing jointly , a non resident alien spouse should atleast here in the US atleast three months. We need to submit our taxes this april but up to now we can't start anything. Is anyone here in Visa Journey could help us out? If my spouse file single, will it affect my AOS and be question by USCIS?

Please help us out if there is any ways we can file jointly that can't affect my AOS.

Awaiting for your prompt replies and advice. God Bless you all!

You need to fill W7 form from the IRS !

Filed: Timeline
Posted
hello guys,

My husband and I have difficulty on filing taxes jointly. We got married last March 2008 and I came here in the US using my K3 visa and we are on the stage of filing my AOS. We went to H & R block ( to do our taxes) and they advice my spouse to file single and just ammend it next year since we can't file jointly, it is because i am just here in the US for a month and filing jointly , a non resident alien spouse should atleast here in the US atleast three months. We need to submit our taxes this april but up to now we can't start anything. Is anyone here in Visa Journey could help us out? If my spouse file single, will it affect my AOS and be question by USCIS?

Please help us out if there is any ways we can file jointly that can't affect my AOS.

Awaiting for your prompt replies and advice. God Bless you all!

link

http://www.irs.gov/pub/irs-pdf/fw7.pdf

Posted (edited)

H & R Block cant seem to figure out how to deal with immigrant's or people in the processes taxes. I'd go with another preparer or just download one of the tax programs ask questions here if you get stuck. There are several good posts telling you all you need tp do to file.

Edited by geezer
 
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