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Any tax experts out there?

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Filed: K-1 Visa Country: Cyprus
Timeline

Hello,

I am curious about something now that it is tax time. I am the USC. Before we did the K-1 process, my husband had been here as a student for 5 years. In that time he never filed taxes; as an F-1 student, he didn't work, so he had no income. Now I've heard from others that F-1's are supposed to file anyway, but that is in the past.

Now we are married, and he still doesn't work because he doesn't have his EAD yet. He has taken courses at a university, which obviously came out of our finances. Now, how should we file? Jointly? I was told that we can't file jointly because he doesn't have a green card yet.

Can I claim him as a dependent and then claim his tuition as part of the lifetime learning credit?

Thanks in advance for your help!


11/9/04- Sent in form I129-F

11/16/04-NOA1

11/19/04-<!--WORD2URL-01--><!--END WORD2URL-01-->USCIS<!--WORD2URL-02--><!--END WORD2URL-02--> cashed my check for I-129F

11/23/04- "touched"

looottss of waiting and stressing

03/02/05-petition approved!

04/15/05-Interview, K-1 approved!

05/13/05- Fiance arrived!

07/19/05- Married in City Hall!

09/01/05- All AOS paperwork plus Advance Parole Docs

received by <!--WORD2URL-01--><!--END WORD2URL-01-->USCIS<!--WORD2URL-02--><!--END WORD2URL-02-->

11/12/05- Biometrics done

1/17/06- email stating travel document approved

1/25/06-interview appointment scheduled for April!

2/15/06-no hard copy of travel document approval...appointment made for InfoPass.

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Hello,

I am curious about something now that it is tax time. I am the USC. Before we did the K-1 process, my husband had been here as a student for 5 years. In that time he never filed taxes; as an F-1 student, he didn't work, so he had no income. Now I've heard from others that F-1's are supposed to file anyway, but that is in the past.

Now we are married, and he still doesn't work because he doesn't have his EAD yet. He has taken courses at a university, which obviously came out of our finances. Now, how should we file? Jointly? I was told that we can't file jointly because he doesn't have a green card yet.

Can I claim him as a dependent and then claim his tuition as part of the lifetime learning credit?

Thanks in advance for your help!

You were told wrong. You can file jointly.


05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

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Filed: Citizen (pnd) Country: Pakistan
Timeline

If you are working and are married you have to file as married status, I am quite sure in your case you should file jointly. And yes as a married couple you can use the money paid for his tuition as lifetime learning credit.

I would recommend if you are having issues or are confused then visit a tax preparing expert like H&R block....

goodluck,

Amar


"For with God nothing shall be impossible - Luke 1:37"

Details of older petition timelines are in "Our Story" section

May 28, 2009 - Filed N-400 application for Naturalization

June 08, 2009 - NOA 1 received in the mail dated June 01,2009

June 15, 2009 - Biometrics Appt Letter received for July 02, 2009

July 02, 2009 - Biometrics Done - awaiting interview letter

July 13, 2009 - Interview Letter Received for Sept 09, 2009

Sept 09, 2009 - Interview Passed - Thank you Lord Jesus !!!

Sept 17, 2009 - Oath Ceremony - COBO Hall Detroit, MI - Done, registered to vote + updated Social Security record

Sept 18, 2009 - Applied for US Passport

Oct 06, 2009 - New Social Security card received in the mail

Oct 08, 2009 - US Passport received in the mail

Oct 09, 2009 - Naturalization Certificate received in the mail

Oct 20, 2009 - Received Voter's Registration Card

Oct 20, 2009 - Our Visa Journey Completed - Thank you Lord Jesus !!!

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I posted this on another thread but haven't received a reply. I thought maybe I'd have better luck posting it here:

uuuggghhh.... I've owed for the past 3 years. However, I FINALLY changed my number of exemptions last month so next year at this time I should not fear filing. I didn't change it last year because I'm such a donkey so I'll probably owe...AGAIN. Anyway, I have a related question: I have only been legally separated since Oct/Nov 2005. What would be the best way to file?

Married filing separately?

Married filing joint?

Is filing head of household even a legal choice for me? I am head of household NOW but I technically wasn't for most of 2005 (sucks).

Sylvia

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Now, how should we file? Jointly? I was told that we can't file jointly because he doesn't have a green card yet.

Can I claim him as a dependent and then claim his tuition as part of the lifetime learning credit?

If he doesn't have a SS#, you fill out a form from IRS to request an ITIN

info on ITIN

You mail your taxes to a different address with the ITIN form attached; You add a letter as a declaration that you want him to be treated as a US Resident for tax purposes. You can either claim him as a credit or a deduction. I would definitely have a tax man try a couple diff scenarios to see which one best benefits you. I think filing seperately means less itemized deductions available to you.

helpful page: tax implications of a non-american spouse

sample of declaration letter:

This document acts as a declaration that John Doe is a nonresident alien, and wife Jane Doe is a U.S. Citizen, and that both are choosing to be treated as U.S. residents for the tax year 2005.

Signed:

Jane Doe

xxx Address

Sometown, AZ xxxxx

SS # xxx-xx-xxxx

John Doe

xxx Address

Some Country, Somewhere

ITIN: W-7 attached


Married 12-30-05

Started our visa journey Jan 06.

01-06 - I-130, K3 shortly after

04-06 - switched to Canada Immigration

07-06 - Moved to Canada (PR almost complete)

07-06 - Changed again, back to US imm.

09-06 - Landed as Canadian PR

10-06 - DCF Toronto, Approved in 1.5 hrs!

11-06 - Interview Montreal (success!)

I-130

10-05-06 DCF in Toronto - Approved

10-19-06 Packet 3 received & sent back

10-20-06 Montreal receives P3

11-03-06 Packet 4 received

11-06-06 Medical

11-22-06 Interview / Visa approved

11-26-06 heading home, 6 day drive, my oh my

HOME SWEET HOME

10.24.08 - Mailed I-751 to CSC

Delivered at 9:03 AM on October 25, 2008

10.29.08 NOA1

10.30.08 Check cashed

12.06.08 Biometrics Appt.

12.19.08 Received new Drivers License extended to 2011

03.12.09 Received CONGRATULATIONS letter - Card on the way!!

03.20.09 Received his SHINY new card. WOO HOOOOOOO

YAY!! We can take a break from this madness until Citizenship.

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Filed: AOS (pnd) Country: Ireland
Timeline

Sylvia:

I'm confused. You say you've been separated since November 2005. Are you married to a foreign fiance K1 or divorced from one?

Let me know and we'll take it from there.

Lynn

I posted this on another thread but haven't received a reply. I thought maybe I'd have better luck posting it here:

uuuggghhh.... I've owed for the past 3 years. However, I FINALLY changed my number of exemptions last month so next year at this time I should not fear filing. I didn't change it last year because I'm such a donkey so I'll probably owe...AGAIN. Anyway, I have a related question: I have only been legally separated since Oct/Nov 2005. What would be the best way to file?

Married filing separately?

Married filing joint?

Is filing head of household even a legal choice for me? I am head of household NOW but I technically wasn't for most of 2005 (sucks).

Sylvia

Hi:

If your spouse had no income and he is here in status (legally), you should file married filing jointly. You should be able to claim his tuition as part of the lifetime learning credit. If you use an online filing program, it will take you through the steps to get your return done accurately.

Have you filed for an Adjustment of Status (I-485)?

Lynn

Hello,

I am curious about something now that it is tax time. I am the USC. Before we did the K-1 process, my husband had been here as a student for 5 years. In that time he never filed taxes; as an F-1 student, he didn't work, so he had no income. Now I've heard from others that F-1's are supposed to file anyway, but that is in the past.

Now we are married, and he still doesn't work because he doesn't have his EAD yet. He has taken courses at a university, which obviously came out of our finances. Now, how should we file? Jointly? I was told that we can't file jointly because he doesn't have a green card yet.

Can I claim him as a dependent and then claim his tuition as part of the lifetime learning credit?

Thanks in advance for your help!


:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::

"The Future is no place to place your better days" Matthews

Liam and Lynn's timeline:

Met September 4, 2001.

Mailed I 129F to CIS Texas Service Center on 8 Feb.

February 11, 05 Received by TSC.

February 22, 05 Forwarded to CSC.

March 7 Received notification of approval via email!

6 May 05-interview date of 15 June in London.

17 August 2005, Liam arrived in Florida.

1 NOVEMBER 2005-WEDDING!!!!!!

SEE OUR TIMELINE FOR THE REMAINING INFORMATION!!!!!

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Filed: AOS (apr) Country: Canada
Timeline

My huband (USC) and I took our taxes to a tax expert. We filed as Married/Joint. I have a SSN, but my daughter (non-USC) doesn't, so we had to attach a W-7 to get a ITIN for her.

We had to send our Federal forms/W-7 to the ITIN unit (as stated on the W-7 instructions) where they issue the ITIN, then they forward it for proccessing.

We sent the forms to the ITIN unit on Feb 3, and yesterday we recieved notice from the ITIN unit that a # for my daughter has been issued, and forms had been forwarded for proccessing.


I-129F

12.18.04 Mailed I-129F

12.31.04 NOA1

05.17.05 NOA2

08.22.05 Visa Approved in Montreal

08.24.05 POE at Lewiston, NY

08.27.05 Married

AOS/EAD/AP (K-1)

09.01.05 Mailed AOS/EAD & AP to CHI Lockbox

09.12.05 NOA1 AOS/EAD & AP

11.10.05 AP in mail

12.22.05 Biometrics in Birmingham

12.27.05 EAD arrives in snail mail

03.01.06 Got Vacc Supplement in Tuscaloosa $50

04.10.06 Interview in Atlanta..APPROVED!

04.22.06 Green Card Arrives!!

AOS&AP (K-2)

09.01.05 Mailed AOS & AP to CHI Lockbox

09.12.05 NOA1 AOS & AP

10.06.05 AOS/AP touched

11.25.05 AP arrived in snail mail.

12.22.05 Biometrics in Birmingham

03.01.06 Got Vacc Supplement in Tuscaloosa $50

04.10.06 Interview in Atlanta..APPROVED!

04.22.06 Green Card Arrives!!

I-751 Remove Conditions

01.10.08 Mailed I-751 to VSC

01.18.08 NOA

01.19.08 NOA/Extention letter for Abbey

02.15.08 Biometrics in Birmingham

02.20.08 Touched

05.16.08 ... waiting....

01.12.08 Approved! Card Ordered

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Filed: Citizen (apr) Country: China
Timeline

I have a similar situation. Here are the facts:

My wife came in on a K-1 visa on Aug 10, 2005 and we were married on Aug 26, 2005. We have applied for her AOS and EAD. She has yet to receive either of them, so she has not worked in the US. Based on the above comments, I think it is best to filed jointly. I think I should have less tax liability since I am supporting her (but not sure how that works).

Anyway, I attempted to use the free Taxcut service through H&R Block but when I answered the questions (they specifically asked if my wife was a non-citizen) they said the free service does not support 1040NR. 1040NR is the tax form for non-resident aliens. Does anyone know if it's correct to file a 1040NR if I am a USC? I am sure others have gone through this before.

Thanks for your help.


K-1 Timeline

02.02.2005: Sent I-129F to Vermont Service Center

08.08.2005: Successful interview; visa received at 4pm

08.10.2005: Trip to US (Newark Int'l Airport is POE)

AOS Timeline

08.26.2005: Married in State College, Pennsylvania

11.14.2005: AOS and EAD applications received at USCIS

03.10.2006: EAD received (114 days since submission)

06.17.2006: Green card received (241 since submission)

Removal of Conditions Timeline

05.28.2008: Sent I-751 to Vermont Service Center

06.04.2008: NOA1 received

07.05.2008: Biometrics completed in Houston

03.27.2009: Ten year green card approved

Naturalization Timeline

11.09.2009: N-400 package mailed to Lewisville, TX

12.18.2009: Biometrics done in Houston

03.01.2010: Passed interview

04.07.2010: Oath ceremony

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Filed: Timeline

golferadam,

No, it is not correct for you to file a 1040NR. You are a USC, not a non-resident alien, and if your wife can be considered a non-resident alien you probably want to declare her to be a resident alien for tax purposes.

You will not have less tax liability because you are supporting your wife, but you should have less tax liability because she is your wife and you and she can file a 1040 jointly, resulting in exemptions for 2 taxpayers rather than 1 on the return and the lower tax rate that applies to married-joint filers as compared to single or married-separate filers.

If your wife earned any income anywhere in the world in 2005 it will have to be declared on the return, but up to about $45,000 of foreign-earned income, in your wife's case, can be excluded. The net effect will be no change in taxable income unless your wife earned a really outstanding income before she came to the USA.

Yodrak

I have a similar situation. Here are the facts:

My wife came in on a K-1 visa on Aug 10, 2005 and we were married on Aug 26, 2005. We have applied for her AOS and EAD. She has yet to receive either of them, so she has not worked in the US. Based on the above comments, I think it is best to filed jointly. I think I should have less tax liability since I am supporting her (but not sure how that works).

Anyway, I attempted to use the free Taxcut service through H&R Block but when I answered the questions (they specifically asked if my wife was a non-citizen) they said the free service does not support 1040NR. 1040NR is the tax form for non-resident aliens. Does anyone know if it's correct to file a 1040NR if I am a USC? I am sure others have gone through this before.

Thanks for your help.

Edited by Yodrak

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Filed: Citizen (apr) Country: China
Timeline
golferadam,

No, it is not correct for you to file a 1040NR. You are a USC, not a non-resident alien, and if your wife can be considered a non-resident alien you probably want to declare her to be a resident alien for tax purposes.

You will not have less tax liability because you are supporting your wife, but you should have less tax liability because she is your wife and you and she can file a 1040 jointly, resulting in exemptions for 2 taxpayers rather than 1 on the return and the lower tax rate that applies to married-joint filers as compared to single or married-separate filers.

If your wife earned any income anywhere in the world in 2005 it will have to be declared on the return, but up to about $45,000 of foreign-earned income, in your wife's case, can be excluded. The net effect will be no change in taxable income unless your wife earned a really outstanding income before she came to the USA.

Yodrak

Thanks for the clear response. I also read the linked article above and it was helpful. At this point it does appear that considering my wife as a resident alien is the best choice because she didn't work last year so it makes it even easier. I am a little disappointed I couldn't use the free H&R Block service, but I may call them and inquire.

One quick followup question regarding claiming my wife as a resident alien. The article says "you have to attach a statement, signed by both spouses, to your tax return for the first year to which the choice applies. The statement must include a declaration that one spouse is a nonresident alien and the other is a U.S. citizen or resident alien, and you are choosing to both be treated as U.S. residents for the tax year.

You also have to include the name, address and Social Security number (or Individual Taxpayer Identification number) of each spouse."

Does this letter have to be notarized or made official in anyway? Has anyone had experience doing this before?

Thanks for your help.


K-1 Timeline

02.02.2005: Sent I-129F to Vermont Service Center

08.08.2005: Successful interview; visa received at 4pm

08.10.2005: Trip to US (Newark Int'l Airport is POE)

AOS Timeline

08.26.2005: Married in State College, Pennsylvania

11.14.2005: AOS and EAD applications received at USCIS

03.10.2006: EAD received (114 days since submission)

06.17.2006: Green card received (241 since submission)

Removal of Conditions Timeline

05.28.2008: Sent I-751 to Vermont Service Center

06.04.2008: NOA1 received

07.05.2008: Biometrics completed in Houston

03.27.2009: Ten year green card approved

Naturalization Timeline

11.09.2009: N-400 package mailed to Lewisville, TX

12.18.2009: Biometrics done in Houston

03.01.2010: Passed interview

04.07.2010: Oath ceremony

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Filed: AOS (apr) Country: Canada
Timeline
One quick followup question regarding claiming my wife as a resident alien. The article says "you have to attach a statement, signed by both spouses, to your tax return for the first year to which the choice applies. The statement must include a declaration that one spouse is a nonresident alien and the other is a U.S. citizen or resident alien, and you are choosing to both be treated as U.S. residents for the tax year.

You also have to include the name, address and Social Security number (or Individual Taxpayer Identification number) of each spouse."

Does this letter have to be notarized or made official in anyway? Has anyone had experience doing this before?

Thanks for your help.

Hi, I wrote this letter for our tax return this year.. I didn't have it notarized or anything.. I just typed it out on my computer and we both signed it. I handed in my taxes at the Taxpayer Assistance Center and the lady that took my paperwork looked everything over and didn't say anything (she even read the statement) so i'm pretty sure that it was ok..

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Filed: K-1 Visa Country: Canada
Timeline

Yodrak, how do you exlude $45,000 of income? My wife's will not be that much, and we really want to file jointly. Others have said you fill out form 2555 and exlude it on line 21 by counting it as negative income.


Sent 129F to Nebraska on Feb. 1

Received Feb. 4

NOA1 received Feb. 11

NOA2 online April 19th. (Day 74)

NOA2 received snail mail April 25th. (Day 80)

Letter from <!--WORD2URL-01--><!--END WORD2URL-01-->NVC<!--WORD2URL-02--><!--END WORD2URL-02--> arrived on May 9th.

Packet 3 sent in July 22nd.

Packet 4 received July 29th.

Interview scheduled for Sept. 14th.

VISA approved Sept. 14th!!

Belinda enters the U.S. on Oct. 16th, with me, in Blaine, WA

Marraige on November 18

AOS, <!--WORD2URL-01--><!--END WORD2URL-01-->EAD<!--WORD2URL-02--><!--END WORD2URL-02-->, and AP sent November 18

NOA1 for AOS, AP, but <!--WORD2URL-01--><!--END WORD2URL-01-->EAD<!--WORD2URL-02--><!--END WORD2URL-02--> returned, we forgot line 16 (December 2)

<!--WORD2URL-01--><!--END WORD2URL-01-->EAD<!--WORD2URL-02--><!--END WORD2URL-02--> re-sent December 5th.

I-751 sent to Nebraska, March 25, 2008

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Filed: Country: Canada
Timeline
Yodrak, how do you exlude $45,000 of income? My wife's will not be that much, and we really want to file jointly. Others have said you fill out form 2555 and exlude it on line 21 by counting it as negative income.

Brian..

you do it by how I told you .. through the Form 2555. It will tell you how much you can exclude... anything earned over the exclusion amount will be included in your AGI.

For instance, If you earned $45,000 US as foreign income (all foreign curencies must be converted before perforing the calculations and you arrived in the US on July 1, You would be able to exclude $39,671 (151 days/365 days x $80,000). If your spouse earned $45,000 in foreign income between January 1 and June 30, then you'd include the $45,000 on Line 7 of your 1040 and place $39,671 as negative income on Line 21. Leaving you with $5,328.77 as her portion of the AGI.

Now I believe that you could also take a foreign tax credit on this portion of your AGI, but I'd have to look into it.


Knowledge itself is power - Sir Francis Bacon

I have gone fishing... you can find me by going here http://**removed due to TOS**

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Filed: Timeline

Brian_bellingham,

As other have said - by filling out form 2555.

The maximum that can be excluded is $80,000 if the person was out of the USA for the full tax year. Golferadam said that his wife arrived in the USA on August 10, so she was out of the USA for a little more than half the year. A little more than half of $80,000 is $45,000.

Yodrak

Yodrak, how do you exlude $45,000 of income? My wife's will not be that much, and we really want to file jointly. Others have said you fill out form 2555 and exlude it on line 21 by counting it as negative income.

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Filed: Country: Canada
Timeline
Brian_bellingham,

As other have said - by filling out form 2555.

The maximum that can be excluded is $80,000 if the person was out of the USA for the full tax year. Golferadam said that his wife arrived in the USA on August 10, so she was out of the USA for a little more than half the year. A little more than half of $80,000 is $45,000.

Yodrak

Yodrak, how do you exlude $45,000 of income? My wife's will not be that much, and we really want to file jointly. Others have said you fill out form 2555 and exlude it on line 21 by counting it as negative income.

Or if you really want to be ####### it would be $49,753


Knowledge itself is power - Sir Francis Bacon

I have gone fishing... you can find me by going here http://**removed due to TOS**

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