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meadowzephyr

Filing Income Tax

By meadowzephyr in Working & Traveling During US Immigration

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meadowzephyr Collaborator

meadowzephyr   26

Posted
Filed: AOS (pnd) Country: Mexico
 Timeline
Posted

Good morning,

My husband is awaiting AOS approval. He currently has his EAD and started working on December 10th. He has not yet received a W-2. How should I file for our income taxes? I don't want to get anything wrong that is tax related as this has a major effect on future citizenship and status.

Thanks!

Andrea

K-1 Visa Journey

December 8, 2009 - Met in Monterrey, Mexico
December 28, 2010 - Officially started dating!
July 2,2011 - He proposed in Downtown Monterrey, Mexico, I accepted
September 16, 2011 - Mailed I-129F Application
September 19, 2011 - I-129F arrived at Dallas Lockbox
September 22, 2011 - NOA1
September 24, 2011 - Check cashed!
September 26, 2011 - NOA1 hard copy arrived in the mail
January 3, 2012 - NOA2 email and text message!
January 6, 2012 - NOA2 Hardcopy arrived in the mail.
February 16, 2012 - Packet 3 (invitation letter) arrives in the mail.
March 12, 2012 - ASC Appointment
March 15, 2012 - Interview at Consulate in CDJ.
March 15, 2012 - Approved!
April 18, 2012 - POE - Houston, Texas
June 9, 2012 - Married!

Adjustment of Status Journey
July 26, 2012 - Mailed AOS Application
August 1, 2012 - NOA1
August 2, 2012 - Received Biometrics Letter
August 16, 2012 - Received Hard Copy of NOA1
August 23, 2012 - Biometrics
September 25, 2012 - Approved I131
September 25, 2012 - EAD/AP Combo Card sent to production
October 3, 2012 - EAD/AP Combo Card Arrived

April 29, 2013 - AOS Approved Without Interview!

May 6, 2013 - Card arrived in the mail

ROC Journey







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mchizek Rookie

mchizek   2

Posted
Filed: K-1 Visa Country: France
 Timeline
Posted

Some places don't mail W-2s until the end of January (the university where I work does this). I'd suggest you have your husband talk to his employer to find out when his W-2 will be ready before you worry too much...

Our Timeline
Oct 2009 - First met at a conference for work in Puerto Rico
Nov 2009 to Present - Many visits between us!
October 2011 - Julien visited Malynda and proposed!
July 2012 - Malynda visited France to meet all of Julien's family and work on K1 Visa forms
August 3, 2012 - K1 Visa Application mailed in!!
August 8, 2012 - NOA 1 Received
December 2012 - Julien visited Iowa to meet all of Malynda's family
February 13, 2013 - NOA 2 Received
April 24, 2013 - Visa Interview & APPROVAL!!!

July 1, 2013 - Julien moved to the US!

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blankmedia Explorer

blankmedia   41

Posted
Filed: AOS (pnd) Country: Canada
 Timeline
Posted

Wait for the W-2, then file. You need to find out if he passes the "substantial presence test" for tax purposes. If he does for 2011, then you should file as Married Filing Jointly.

http://www.irs.gov/Individuals/International-Taxpayers/Substantial-Presence-Test

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CarlosAndSveta Proficient

CarlosAndSveta   808

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

Wait for the W-2, then file. You need to find out if he passes the "substantial presence test" for tax purposes. If he does for 2011, then you should file as Married Filing Jointly.

http://www.irs.gov/I...l-Presence-Test

There is no need to meet the "substantial presence test" in order to file as Married Filing Jointly. They can just make an election to treat the non-resident alien spouse as a Resident Alien for tax purposes. See page 10 of IRS Publication 519 - U.S. Tax Guide for Aliens.

IRS Publication 519 - U.S. Tax Guide for Aliens

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meadowzephyr Collaborator

meadowzephyr   26

Posted
Filed: AOS (pnd) Country: Mexico
 Timeline
  • Author
Posted

Thanks everyone! I really appreciate this information with links! My husband's W2 came today.

K-1 Visa Journey

December 8, 2009 - Met in Monterrey, Mexico
December 28, 2010 - Officially started dating!
July 2,2011 - He proposed in Downtown Monterrey, Mexico, I accepted
September 16, 2011 - Mailed I-129F Application
September 19, 2011 - I-129F arrived at Dallas Lockbox
September 22, 2011 - NOA1
September 24, 2011 - Check cashed!
September 26, 2011 - NOA1 hard copy arrived in the mail
January 3, 2012 - NOA2 email and text message!
January 6, 2012 - NOA2 Hardcopy arrived in the mail.
February 16, 2012 - Packet 3 (invitation letter) arrives in the mail.
March 12, 2012 - ASC Appointment
March 15, 2012 - Interview at Consulate in CDJ.
March 15, 2012 - Approved!
April 18, 2012 - POE - Houston, Texas
June 9, 2012 - Married!

Adjustment of Status Journey
July 26, 2012 - Mailed AOS Application
August 1, 2012 - NOA1
August 2, 2012 - Received Biometrics Letter
August 16, 2012 - Received Hard Copy of NOA1
August 23, 2012 - Biometrics
September 25, 2012 - Approved I131
September 25, 2012 - EAD/AP Combo Card sent to production
October 3, 2012 - EAD/AP Combo Card Arrived

April 29, 2013 - AOS Approved Without Interview!

May 6, 2013 - Card arrived in the mail

ROC Journey







event.png

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