K1 Related Questions

[scott76 22]

A couple of questions related to the K1 that I am wondering about...

1) How long after marriage will it be until my fiancee can work? We plan on filing any necessary paperwork immediately after we marry. I've heard both EAD and AOS, but which one determines whether or not she can be employed? (I just want an estimate of time..I know there's graphs that show exact timeline projections for the EAS and AOD...Is it approx. 3 months, 6 months??)

2) I expect my fiancee to be here around late July/August and married in late August. Will I be able to claim her as a dependent on my 2012 Tax Return? What is the first year she would have to file taxes as a US Citizen - 2012 or 2013? (again, assuming I take action on all of the K1 actions ASAP that are on the flowchart)

[Inky 1,110]

The amount of time it takes to be able to work is highly dependent on when you marry how long it takes you to file AOS EAD etc and get the NOA1.

When you have the NOA1 it can take 3-4 months to get the EAD. Before that you need to add on any of the time it takes to marry etc.

Taxes - if you are married in December - you file your taxes married joint. Even if she has no income.

[Gary and Alla 3,694]

A couple of questions related to the K1 that I am wondering about...

1) How long after marriage will it be until my fiancee can work? We plan on filing any necessary paperwork immediately after we marry. I've heard both EAD and AOS, but which one determines whether or not she can be employed? (I just want an estimate of time..I know there's graphs that show exact timeline projections for the EAS and AOD...Is it approx. 3 months, 6 months??)

2) I expect my fiancee to be here around late July/August and married in late August. Will I be able to claim her as a dependent on my 2012 Tax Return? What is the first year she would have to file taxes as a US Citizen - 2012 or 2013? (again, assuming I take action on all of the K1 actions ASAP that are on the flowchart)

1. EAD is PART of the AOS. 3-4 months from when you file, which is after you get married. The sooner you get married, the sooner you can file.

2. Your tax status is determined by your marital status on December 31 of each year. If you get married at 11:45pm on New Years Eve, 2012 your tax staus for the entire year is "Married" you can file jointly or separately, jointly is usually better. Your wife will NEVER be your "dependent" on a tax return, she will be a joint filer. Wives are not "dependents" in the tax code, children are, disabled people are, able bodied wives are not. Regardless whether she has income or not.