US tax question - can you do "married filing jointly"?

[newbster 4]

Hi,

If you do a K-1 Visa and marry your fiance but she's not yet a U.S. citizen and hasn't completed any AOS stuff (not sure even what all is required so I just say "stuff" haha), can you file your taxes as married filing jointly?

Thanks

[X Factor 1,112]

Hi,

If you do a K-1 Visa and marry your fiance but she's not yet a U.S. citizen and hasn't completed any AOS stuff (not sure even what all is required so I just say "stuff" haha), can you file your taxes as married filing jointly?

Thanks

Absolutely. You will need to get an ITIN number which is specifically for this situation. It is used instead of a social security number.

http://www.irs.gov/Individuals/International-Taxpayers/Taxpayer-Identification-Numbers-(TIN)

Edited September 7, 2012 by Mr Smiley

[sjr09 155]

Individual Taxpayer Identification Number (ITIN) http://www.irs.gov/Individuals/Individual-Taxpayer-Identification-Number-(ITIN)

General ITIN Information http://www.irs.gov/Individuals/General-ITIN-Information

Who needs an ITIN?

IRS issues ITINs to foreign nationals and others who have federal tax reporting or filing requirements and do not qualify for SSNs. A non-resident alien individual not eligible for a SSN who is required to file a U.S. tax return only to claim a refund of tax under the provisions of a U.S. tax treaty needs an ITIN.

Other examples of individuals who need ITINs include:

• A nonresident alien required to file a U.S. tax return

• A U.S. resident alien (based on days present in the United States) filing a U.S. tax return

• A dependent or spouse of a U.S. citizen/resident alien

• A dependent or spouse of a nonresident alien visa holder

[Jim-Michelle 5]

I thought a K1 beneficiary was eligible for a SSN immediately upon entry to the country. Is there a benefit to an ITIN?

[newbster 4]

I thought a K1 beneficiary was eligible for a SSN immediately upon entry to the country. Is there a benefit to an ITIN?

Oh I didn't know that. i haven't read anything yet about what happens after my fiance arrives - have been too focused on just getting through K-1 process.

[Jim-Michelle 5]

I'm newer at this than you are. We still haven't filed our K1...so don't take anything I say as gospel. I'm sure some of the more experienced members will chime in soon. My information came from reading the guides on this site. http://www.visajourney.com/content/ssn Scroll down about one screen for information specific to K1 holders.

[Dean_De 61]

Hi,

If you do a K-1 Visa and marry your fiance but she's not yet a U.S. citizen and hasn't completed any AOS stuff (not sure even what all is required so I just say "stuff" haha), can you file your taxes as married filing jointly?

Thanks

Yes you can file taxes as Married filing Jointly. Me and my husband did filed an it was honored by the IRS as long as your soon to be wife gets her SSN. just and add on info: I entered here in the US with a K1 Visa. I was able to get my SSN before I got married and applied for a change of status and changed my last name to my married name at the Social security office w/o any problem after we got our Marriage Certificate. As long as er I-94 is not expired, she wont have any problem getting a SSN.

Edited September 8, 2012 by Dean_De

[Tintin and Mike 127]

I'm sorry but what's I-94? Is that something the Immigration Officer will give you at POE? :blush:

[Dean_De 61]

I'm sorry but what's I-94? Is that something the Immigration Officer will give you at POE? :blush:

Actually the form I-94 will be given to a non-US citizen to be filed out before arrival at the POE. The staff/crew from the international plane a non-US citizen flies will provide the form and will help you with the instructions on how to fill up the form and where to present it. You present the form to the immigration officer on the POE and he will attach it in th epassport and stamp it with your arrival date and when it expires.

I stand corrected if I am wrong..but this is as far I remember about I-94

Edited September 8, 2012 by Dean_De

[Tintin and Mike 127]

Oh great! Just to confirm, the fiance just need to make sure to get it from the airline crew, fill out the form, hand it to the Immigration Officer and have them staple or stick it to his passport before leaving POE then?

[Darnell 8,478]

newbster -

SHE can get a SSN at the local SSA office, after her POE date,

and if her presence is between:

14 days past the POE date (SAVE database will catch up by then )

to

14 days prior to her I-94 expiring (SSA folk not let her apply after that)

so - what kinda window exists, on her, currently ?

---

with a SSN in hand, doors open .

For Filing Taxes, must to file for that tax year in which you were married, easy peasy with SSN in hand, marriage certificate in hand (though it's not needed for filing a tax return)

as to her 'citizenship status' - wrong label from you, IMO.

Legal Permanent Residents can file, always.

[newbster 4]

newbster -

SHE can get a SSN at the local SSA office, after her POE date,

and if her presence is between:

14 days past the POE date (SAVE database will catch up by then )

to

14 days prior to her I-94 expiring (SSA folk not let her apply after that)

so - what kinda window exists, on her, currently ?

---

with a SSN in hand, doors open .

For Filing Taxes, must to file for that tax year in which you were married, easy peasy with SSN in hand, marriage certificate in hand (though it's not needed for filing a tax return)

as to her 'citizenship status' - wrong label from you, IMO.

Legal Permanent Residents can file, always.

Hm, thanks for the help. I guess I'm a little confused on terms.

Her POE is in the future, likely around Oct 20. If everything goes well with her embassy interview on Oct 1st, I think we can book a plane ticket for Oct 19 or 20, assuming she'll get the Visa by then.

So it sounds like we go to local SS office 14 days after her POE. Then if we marry by Dec 31 we're set. Thanks.

[Dean_De 61]

Oh great! Just to confirm, the fiance just need to make sure to get it from the airline crew, fill out the form, hand it to the Immigration Officer and have them staple or stick it to his passport before leaving POE then?

Yap, the airline crew will start giving the form few hours before arrival at the POE..the crew will ask to see the passport of course before they hand out the right form (I-94 - for k1)..make sure she fills it up appropriately to save time and avoid further hassle at the POE..your fiance will present it together with her Visa and will be asked few questions.

Goodluck!

[Tintin and Mike 127]

Yap, the airline crew will start giving the form few hours before arrival at the POE..the crew will ask to see the passport of course before they hand out the right form (I-94 - for k1)..make sure she fills it up appropriately to save time and avoid further hassle at the POE..your fiance will present it together with her Visa and will be asked few questions.

Goodluck!

Thank you, appreciate it! Sorry I went off the topic there. Good luck!

[bayojona3231 4]

Absolutely. You need to get her SSN as soon as possible. You should be able to go to social security offfice and get her one within few weeks of her arrival. That is what we did.

Thank you, appreciate it! Sorry I went off the topic there. Good luck!