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jojototo

File for federal tax while AOS

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Filed: Timeline

Dear VJ friends,

The tax season is here! I have several questions about how to file the tax while AOS is pending, since I filed my AOS on Jan 2011, hope to get your advice!

1. I am on F1 visa, so when I am filing for tax 2010, should I indicate myself as F1 holder or something else? There are certain exceptions applied for F1 holder, am I still eligible for those?

2. My father-in-law is my joint-sponsor for I-864, so should he include me as a dependent on his tax-filling 2010?

3. We got married in Nov 2010, so we will need to file jointly as married couple, right?

Thank you so much!

Jo

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Filed: AOS (pnd) Country: Vietnam
Timeline

Dear VJ friends,

The tax season is here! I have several questions about how to file the tax while AOS is pending, since I filed my AOS on Jan 2011, hope to get your advice!

1. I am on F1 visa, so when I am filing for tax 2010, should I indicate myself as F1 holder or something else? There are certain exceptions applied for F1 holder, am I still eligible for those?

2. My father-in-law is my joint-sponsor for I-864, so should he include me as a dependent on his tax-filling 2010?

3. We got married in Nov 2010, so we will need to file jointly as married couple, right?

Thank you so much!

Jo

Because at the end of tax year you're married to USC/LPR, your husband can choose to treat you, the nonresident spouse as a U.S. resident. If you make this choice, you are treated as residents for your entire tax year for the purpose of your federal individual income tax return, and for the purpose of withholding U.S. federal income tax from your wages. However, for the purpose of Chapter 3 withholding you may still be treated as a nonresident alien. So basically if you make that choice, you and your husband must file jointly by using form 1040 and attaching a statement, signed by both spouses, to your joint return for the first tax year for which the choice applies. It should contain the following information:

-A declaration that one spouse was a nonresident alien and the other spouse a U.S. citizen or resident alien on the last day of your tax year, and that you choose to be treated as U.S. residents for the entire tax year

-The name, address, and identification number of each spouse. (If one spouse died, include the name and address of the person making the choice for the deceased spouse.)

But you and your spouse can file joint or separate returns in later years.

For your question number 2, your father in law can't claim you as dependent since you're not a green card holder yet.

P.S: Your situation is the same as mine :)

Edited by xxtinaxx

11/8/10: Medical exam

11/12/10:Get married

11/19/10: I-693 sealed.It means my chest x ray is fine :)

11/20/10: Package [ I-130,I-485,I-765] sent to Lockbox

11/22/10 [Day 1]: Delivered there

11/29/10 [Day 7]: Return receipt from USPS

12/13/10 [Day 21]: Texts and email received [ after 21 days!!!!!!!!!!!!!!]

12/16/10 [Day 24]: Snail copy received

12/18/10 [Day 26]: Every single form touched

12/20/10 [Day 28]: Biometrics letter received

1/13/11 [Day 51]: Biometrics done

1/24/11 [Day 62]: Biometrcis appointment received AGAIN.!!!!!!!!!I was like #######

2/04/11 [Day 72]: Second biometrics done

2/15/11 [Day 83]: EAD in production.

2/18/11 [Day 86]: Interview letter received, set for March 21

2/22/11 [Day 90]: EAD mailed out.

2/25/11 [Day 93]: EAD received

3/21/11 [Day 118]: Interview but left with no decision ToT

3/31/11 [Day 128]: RFE regarding police clearance

4/13/11 [Day 141]: RFE sent

4/19/11 [Day 147]: Card in production

4/22/11 [Day 150]: Welcome2USA letter received

It took 5 stressful months exactly.

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Your father-in-law should not claim you as a dependent at all. He signed your affidavit of support, but that does not make you his dependent.


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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Filed: AOS (pnd) Country: Vietnam
Timeline

Your father-in-law should not claim you as a dependent at all. He signed your affidavit of support, but that does not make you his dependent.

Your father-in-law could if your resident test met first[ I mean you must be a US resident] plus your husband & you would file jointly just for refund and you weren't claimed as dependent by someone else. Then there are 3 other tests that you have to met, like you must live with him all year as a member of his household (and your relationship must not violate local law); your gross income for the year must be less than $3,650 ; your father-in-law must provide more than half of your total support for the year

If you met all tests above, you would be considered as qualifying relative.

Hope that helps.

Edited by xxtinaxx

11/8/10: Medical exam

11/12/10:Get married

11/19/10: I-693 sealed.It means my chest x ray is fine :)

11/20/10: Package [ I-130,I-485,I-765] sent to Lockbox

11/22/10 [Day 1]: Delivered there

11/29/10 [Day 7]: Return receipt from USPS

12/13/10 [Day 21]: Texts and email received [ after 21 days!!!!!!!!!!!!!!]

12/16/10 [Day 24]: Snail copy received

12/18/10 [Day 26]: Every single form touched

12/20/10 [Day 28]: Biometrics letter received

1/13/11 [Day 51]: Biometrics done

1/24/11 [Day 62]: Biometrcis appointment received AGAIN.!!!!!!!!!I was like #######

2/04/11 [Day 72]: Second biometrics done

2/15/11 [Day 83]: EAD in production.

2/18/11 [Day 86]: Interview letter received, set for March 21

2/22/11 [Day 90]: EAD mailed out.

2/25/11 [Day 93]: EAD received

3/21/11 [Day 118]: Interview but left with no decision ToT

3/31/11 [Day 128]: RFE regarding police clearance

4/13/11 [Day 141]: RFE sent

4/19/11 [Day 147]: Card in production

4/22/11 [Day 150]: Welcome2USA letter received

It took 5 stressful months exactly.

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Dear VJ friends,

The tax season is here! I have several questions about how to file the tax while AOS is pending, since I filed my AOS on Jan 2011, hope to get your advice!

1. I am on F1 visa, so when I am filing for tax 2010, should I indicate myself as F1 holder or something else? There are certain exceptions applied for F1 holder, am I still eligible for those?

2. My father-in-law is my joint-sponsor for I-864, so should he include me as a dependent on his tax-filling 2010?

3. We got married in Nov 2010, so we will need to file jointly as married couple, right?

Thank you so much!

Jo

If your husband is a dependent on your father in law's tax return, you must file "married filing separately"

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Filed: AOS (pnd) Country: Vietnam
Timeline

If your husband is a dependent on your father in law's tax return, you must file "married filing separately"

Not really true. You can file jointly as long as your husband and you just file for a refund, even he's claimed as dependent.This situtation is exactly the same as mine.

Here's the publication from IRS

"You cannot claim a married person who files a joint return as a dependent unless that joint return is only a claim for refund and there would be no tax liability for either spouse on separate returns."

Here's an example to help you get a clear picture

"our 24-year-old son and his 18-year-old wife had $800 of interest income and no other income. Neither is required to file a tax return. Taxes were taken out of their interest income due to backup withholding so they file a joint return only to get a refund of the withheld taxes. The exception to the joint return test applies, so you are not disqualified from claiming an exemption for each of them just because they file a joint return. You can claim exemptions for each of them if all the other tests to do so are met" ( The tests are stated in my post above)

Edited by xxtinaxx

11/8/10: Medical exam

11/12/10:Get married

11/19/10: I-693 sealed.It means my chest x ray is fine :)

11/20/10: Package [ I-130,I-485,I-765] sent to Lockbox

11/22/10 [Day 1]: Delivered there

11/29/10 [Day 7]: Return receipt from USPS

12/13/10 [Day 21]: Texts and email received [ after 21 days!!!!!!!!!!!!!!]

12/16/10 [Day 24]: Snail copy received

12/18/10 [Day 26]: Every single form touched

12/20/10 [Day 28]: Biometrics letter received

1/13/11 [Day 51]: Biometrics done

1/24/11 [Day 62]: Biometrcis appointment received AGAIN.!!!!!!!!!I was like #######

2/04/11 [Day 72]: Second biometrics done

2/15/11 [Day 83]: EAD in production.

2/18/11 [Day 86]: Interview letter received, set for March 21

2/22/11 [Day 90]: EAD mailed out.

2/25/11 [Day 93]: EAD received

3/21/11 [Day 118]: Interview but left with no decision ToT

3/31/11 [Day 128]: RFE regarding police clearance

4/13/11 [Day 141]: RFE sent

4/19/11 [Day 147]: Card in production

4/22/11 [Day 150]: Welcome2USA letter received

It took 5 stressful months exactly.

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Not really true. You can file jointly as long as your husband and you just file for a refund, even he's claimed as dependent.This situtation is exactly the same as mine.

Here's the publication from IRS

"You cannot claim a married person who files a joint return as a dependent unless that joint return is only a claim for refund and there would be no tax liability for either spouse on separate returns."

Here's an example to help you get a clear picture

"our 24-year-old son and his 18-year-old wife had $800 of interest income and no other income. Neither is required to file a tax return. Taxes were taken out of their interest income due to backup withholding so they file a joint return only to get a refund of the withheld taxes. The exception to the joint return test applies, so you are not disqualified from claiming an exemption for each of them just because they file a joint return. You can claim exemptions for each of them if all the other tests to do so are met" ( The tests are stated in my post above)

Oh. We definitely made far more than $800 this year. We actually made a killing :)

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Filed: AOS (pnd) Country: Vietnam
Timeline

is the situation different for me if I have not yet applied for AOS?

In fact how should I file if I am currently on H1B, but am married now. (we got married in December last year).

It doesn't matter if you don't file AOS yet. As long as you married your husband/wife who is USC/LPR by 12/31/2010, you can still choose to treat the non resident spouse as US resident. Then please go back to my first post to know how to file.

From IRS, it states " If, at the end of your tax year, you are married and one spouse is a U.S. citizen or a resident alien and the other is a nonresident alien, you can choose to treat the nonresident as a U.S. resident. This includes situations in which one of you is a nonresident alien at the beginning of the tax year, but a resident alien at the end of the year, and the other is a nonresident alien at the end of the year "


11/8/10: Medical exam

11/12/10:Get married

11/19/10: I-693 sealed.It means my chest x ray is fine :)

11/20/10: Package [ I-130,I-485,I-765] sent to Lockbox

11/22/10 [Day 1]: Delivered there

11/29/10 [Day 7]: Return receipt from USPS

12/13/10 [Day 21]: Texts and email received [ after 21 days!!!!!!!!!!!!!!]

12/16/10 [Day 24]: Snail copy received

12/18/10 [Day 26]: Every single form touched

12/20/10 [Day 28]: Biometrics letter received

1/13/11 [Day 51]: Biometrics done

1/24/11 [Day 62]: Biometrcis appointment received AGAIN.!!!!!!!!!I was like #######

2/04/11 [Day 72]: Second biometrics done

2/15/11 [Day 83]: EAD in production.

2/18/11 [Day 86]: Interview letter received, set for March 21

2/22/11 [Day 90]: EAD mailed out.

2/25/11 [Day 93]: EAD received

3/21/11 [Day 118]: Interview but left with no decision ToT

3/31/11 [Day 128]: RFE regarding police clearance

4/13/11 [Day 141]: RFE sent

4/19/11 [Day 147]: Card in production

4/22/11 [Day 150]: Welcome2USA letter received

It took 5 stressful months exactly.

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