TAX question ...

[SteveColo 0]

Hey all

IS there anyone here who has gone through filing your taxes with your spouse (and maybe step-kids) on a K3/K4 visa?

This would have been a lot simpler if they had come on a I-130 or had their green cards ... but we didn't have the money at the time

Ksenia has her EAD and a SS# to go along with that ... so I'm hoping we can just use that number when we file. However, I'm guessing I need a TIN # for my step-daughter and need some info/help on that.

Anything you can share would be appreciated

Thanks,

Steve

Edited February 13, 2010 by SteveColo

[payxibka 10,044]

What is your question?

As I see it you have some issues... one is that you are probably not going to be able to claim your stepdaughter this year as she is not yet considered a rsident alien for tax purposes as she does not have her greencard nor did she spend more that 50% of the year as a member of your household

Your wife on the other hand can be treated as a resident alien by special exception and therefore you will be able to file a joint return

Edited February 13, 2010 by payxibka

[Brad and Vika 129]

What is your question?

As I see it you have some issues... one is that you are probably not going to be able to claim your stepdaughter this year as she is not yet considered a rsident alien for tax purposes as she does not have her greencard nor did she spend more that 50% of the year as a member of your household

Your wife on the other hand can be treated as a resident alien by special exception and therefore you will be able to file a joint return

No doubt, married + SSN = claimable. How old is your daughter? Not sure that is relevant, but you might be able to get her an SSN before you file. The fact that you were married awhile before they got here is relevant, as you probably contributed more than 50% of her support (use the Ukrainian scale for %). That might get you past the living in your household test.

[rin and john 71]

Hey all

IS there anyone here who has gone through filing your taxes with your spouse (and maybe step-kids) on a K3/K4 visa?

This would have been a lot simpler if they had come on a I-130 or had their green cards ... but we didn't have the money at the time

Ksenia has her EAD and a SS# to go along with that ... so I'm hoping we can just use that number when we file. However, I'm guessing I need a TIN # for my step-daughter and need some info/help on that.

Did the K3/K4 route. One thing I did different was to apply for the children's EADs when I filed for Rin's since we were filing for GCs for all at the same time. Seems like you went for the EAD separately and paid for it (filing with GC, the EAD is free).

You will be able to file MFJ with your spouse; just use the SSN. Regarding your step-daughter, you can claim her. The IRS considers children to be residents of the same country as their parent. So if your wife is treated as resident for tax purposes, so is your child. I actually went back and filed an amended return for TY2006 and claimed Rin's children and received a subtantial refund (post here):

http://www.visajourney.com/forums/index.ph...t&p=2895739

Either get your daughter an EAD and then SSN or file for an ITIN filing a W-7 (check www.irs.gov for the form and instructions on submitting the return).

John