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A Couple Tax Questions

By JPKandCAK in IR-1 / CR-1 Spouse Visa Process & Procedures

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JPKandCAK Explorer

JPKandCAK   0

Posted
Filed: IR-1/CR-1 Visa Country: England
 Timeline
Posted

Hi everyone. Just want to say you all rock! We've been following this site for months now and recently joined. Who needs a lawyer when you are all so helpful.

So, QUICK QUESTION!

I, Christian, the petitioner, will be filing for the I-130 as soon as we get copies of our marriage cert. (We're newly weds you see)I will be filing for my Wife in the UK and her 4 year old son. (She wasn't married before)

:ot2: My question is, on my income tax and federal taxes do I claim 3? or Just 2? I don't know how it works since he will technically be my step child and they won't be living with me until we get the final ok with the I-130 > CR-1 stuff. So do I include them or what??

Hope you all have some advice and thank you!!

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Christian (25) USC

Jessika (23) UKC

<3

http://www.facebook.com/jessitoburrito

Liam and Kara Enthusiast

Liam and Kara   6

Posted
Filed: K-1 Visa Country: United Kingdom
 Timeline
Posted

Not quite sure am sure there are others that know the tax thing better than me.

From my experience my wife added me to her tax when i got here and we had got married

this also helped towards the AOS information as joint tax filing...

I am pretty sure you need to wait until

they are here, but not 100% sure.

good luck.

JPKandCAK Explorer

JPKandCAK   0

Posted
Filed: IR-1/CR-1 Visa Country: England
 Timeline
  • Author
Posted

Not quite sure am sure there are others that know the tax thing better than me.

From my experience my wife added me to her tax when i got here and we had got married

this also helped towards the AOS information as joint tax filing...

I am pretty sure you need to wait until

they are here, but not 100% sure.

good luck.

That's kind of what I was thinking as well. Last thing I want is to be accused of is screwing the US gov't out of money. lol

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Christian (25) USC

Jessika (23) UKC

<3

http://www.facebook.com/jessitoburrito

Dakine Veteran

Dakine   26

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
Posted

I claimed my wife and stepdaughter when they were still in the Philippines. Just so you are legally married during the years you claim them as dependents. Doesn't matter where they live.

K1 denied, K3/K4, CR-1/CR-2, AOS, ROC, Adoption, US citizenship and dual citizenship

!! ALL PAU!

LotofPatience Veteran

LotofPatience   65

Posted
Filed: IR-5 Country: India
 Timeline
Posted

I claimed my wife and stepdaughter when they were still in the Philippines. Just so you are legally married during the years you claim them as dependents. Doesn't matter where they live.

:thumbs:

CSC - I-130 for Parents (IR5)

10/11/2011 - Sent to Chicago Lockbox

10/13/2011 - Delivered at Chicago Lockbox

10/17/2011 - Email received with Receipt#, Routed to CSC

10/18/2011 - Cleared the checks $420*2

10/21/2011 - Received NOA1

03/30/2012 - Received NOA2

NVC

04/19/2012 - NVC received

05/01/2012 - Case# generated

05/02/2012 - DS-3032 COA emailed

05/02/2012 - I-864 AOS Fee $88 paid

05/05/2012 - I-864 AOS package mailed to NVC

05/07/2012 - I-864 AOS package received by NVC

05/07/2012 - DS-3032 COA accepted

05/08/2012 - DS-230 IV Fee $230*2 paid

05/09/2012 - DS-230 IV package mailed to NVC

05/11/2012 - DS-230 IV package received by NVC

05/17/2012 - Case Completed

Consulate

07/02/2012 - VFS visit in Cochin

07/04/2012 - Medical in Chennai

07/12/2012 - Interview in Mumbai - Success!

09/08/2012 - POE at JFK, NY

JPKandCAK Explorer

JPKandCAK   0

Posted
Filed: IR-1/CR-1 Visa Country: England
 Timeline
  • Author
Posted

I claimed my wife and stepdaughter when they were still in the Philippines. Just so you are legally married during the years you claim them as dependents. Doesn't matter where they live.

Awesome because I wasn't sure. I mean since they don't live with me I'm not exactly providing them with shelter and food etc. I didn't know how the government would really see it. Thanks for the response!

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Christian (25) USC

Jessika (23) UKC

<3

http://www.facebook.com/jessitoburrito

Canadiandggal Proficient

Canadiandggal   49

Posted
Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
Posted

Yes, My husband claimed my son and myself on his taxes however you will need to get them ITIN Numbers from the irs in which case you will need a certified copy of their passports and birth certificates I believe. It is the w-9 form. here is the IRS website

http://www.irs.gov/

http://www.irs.gov/individuals/article/0,,id=96287,00.html

the form is http://www.irs.gov/pub/irs-pdf/fw9.pdf?portlet=3

~~~Marriage : 2009-07-10~~~

~~~I-130 Sent : 2009-11-24~~~

~~~ Medical : 2010-09-28~~~ ~~~ MTL Interview : 2010-10-20~~~ ~~~ APPROVED~~~

~~~POE Date :2010-10-31~~~ ~~~Received SSN's 2010-11-08~~

~~~Welcome Letter/Notice Receipt :2010-11-30~~~ ~~~Received Our Green Cards 2010-12-06~~~

~~~ ROC :2012-08-20~~~ ~~~NOA1 :2012-08-28~~~ ~~~BIO :2012-09-25~~~~

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~~~Do not argue with an idiot. He will drag you down to his level and beat you with experience.~~~

LotofPatience Veteran

LotofPatience   65

Posted
Filed: IR-5 Country: India
 Timeline
Posted

Awesome because I wasn't sure. I mean since they don't live with me I'm not exactly providing them with shelter and food etc. I didn't know how the government would really see it. Thanks for the response!

Since you are married this year, you are qualified to file Married Filing Jointly (MFJ) in the year 2010.

Most (may be all) of the online tax filing software will not e-file with blank SSN column.

So, you need to file your 1040 MFJ by mailing it to Austin, Texas Address:

Internal Revenue Service

ITIN Operation

P.O. Box 149342

Austin, TX 78714-9342

Hers and Dependent's SSN column will be blank in 1040.

Include completed and signed W-7 form with supporting documents such as her passport copy etc. along with 1040.

Don't forget to include her foreign income in 1040, if any. For MFJ, worldwide income must be shown.

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

http://www.irs.gov/pub/irs-pdf/iw7.pdf

Loto

CSC - I-130 for Parents (IR5)

10/11/2011 - Sent to Chicago Lockbox

10/13/2011 - Delivered at Chicago Lockbox

10/17/2011 - Email received with Receipt#, Routed to CSC

10/18/2011 - Cleared the checks $420*2

10/21/2011 - Received NOA1

03/30/2012 - Received NOA2

NVC

04/19/2012 - NVC received

05/01/2012 - Case# generated

05/02/2012 - DS-3032 COA emailed

05/02/2012 - I-864 AOS Fee $88 paid

05/05/2012 - I-864 AOS package mailed to NVC

05/07/2012 - I-864 AOS package received by NVC

05/07/2012 - DS-3032 COA accepted

05/08/2012 - DS-230 IV Fee $230*2 paid

05/09/2012 - DS-230 IV package mailed to NVC

05/11/2012 - DS-230 IV package received by NVC

05/17/2012 - Case Completed

Consulate

07/02/2012 - VFS visit in Cochin

07/04/2012 - Medical in Chennai

07/12/2012 - Interview in Mumbai - Success!

09/08/2012 - POE at JFK, NY

TravellingNomad Collaborator

TravellingNomad   12

Posted
Filed: IR-1/CR-1 Visa Country: Philippines
 Timeline
Posted (edited)

obtaining an ITIN for your wife and your stepchild is the way to go. For the past couple of years, i've been filing married filing joint with my 2 kids as dependents using the ITIN numbers i applied for each of them. getting them an ITIN isn't really hard.

Edited by TravellingNomad

I-130 for wife and kids

---------------------------------------------

02/11/2010: I-130 as an LPR mailed certified

02/25/2010: Recvd letters-I-130s was recvd

06/17/2010: Oathtaking - Became a US Citizen

06/21/2010: Called USCIS to let them know to update my I-130 from an LPR petition to a USC petition.

06/25/2010: Case for both sons Touched

06/28/2010: Petition updated to a USC petition (Oldest son)

06/30/2010: Petition updated to a USC petition (Wife & youngest son)

07/19/2010: G-325A returned. Incomplete.

07/30/2010: Completed G-325A mailed back via certified mail

08/04/2010: Certified mail delivered at Laguna Niguel

08/07/2010: Touched - UCSIC received reply to RFE

08/13/2010: I-130 APPROVED!!! (recvd email update)

NVC JOURNEY

08/20/2010: NVC recvd I-130 and case number assigned

09/01/2010: Recvd AOS fee bill & DS-3032 via email

09/02/2010: Paid AOS fee & DS-3032 sent back via email

09/13/2010: AOS packet mailed via UPS

09/15/2010: AOS signed for by NVC. IV fee for wife & kids ready.

10/07/2010: Per AVR/NVC - Need to correct I864W for kids

10/11/2010: DS-230 packet & corrected I-864W sent to NVC via UPS

10/15/2010: Recvd and signed for by NVC

11/02/2010: NVC online fee payment portal SIF. NVC adviced that final stages of review.

11/03/2010: AVR - APPLICATION COMPLETED!!

11/10/2010: Medical...1st day at St. Luke's

11/12/2010: Pick up results for Medical - PASSED!

11/16/2010: USEM interview scheduled on 12/14/10

12/14/2010: VISAS APPROVED!!!!

12/20/2010: Visas received

02/22/2011: Cali bound

vonxeric Rookie

vonxeric   0

Posted
Filed: IR-1/CR-1 Visa Country: Philippines
 Timeline
Posted

Dakine & TravellingNomad:

My understanding of claiming "dependents" other than your spouse is that they have to be citizens of USA, Canada or Mexico or they dont qualify. Here is the section i took out of the IRS publication 501.

"You cannot claim as a dependent a child who

lives in a foreign country other than Canada or

Mexico, unless the child is a U.S. citizen, U.S.

resident alien, or U.S. national. There is an ex-

ception for certain adopted children who lived

with you all year. See Citizen or Resident Test,

earlier."

Were your children already US Citizens?

 
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