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joventud3

TAX question during AOS process....

By joventud3 in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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joventud3 Explorer

joventud3   0

Posted
Filed: K-1 Visa Country: Mexico
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Posted

Hey all,

Hopefully I have a relatively simple tax question. My fiancé arrived in April 2012, we got married, and applied for AOS. As of today we are still waiting for green card. So for the 2012 tax year she did not earn any money and was not a LPR. When filing taxes online it asks if wife was a citizen or LPR. When I click that she was not it directs me to the form 1040NR. However, she did not make any money. Is it necessary to fill out this form? Other suggestions?

Thanks…

“Patience is waiting. Not passively waiting. That is laziness. But to keep going when the going is hard and slow - that is patience.”

Harpa Timsah Grand Master

Harpa Timsah   13,258

Posted
Filed: Lift. Cond. (apr) Country: Israel
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Posted (edited)

I would get different tax software or something. Her status, USC or LPR is not a question for taxes. I would choose to elect her as a resident for tax purposes and fill out the normal 1040. That way you take her exemption as your wife.

Are you doing married filing jointly?

Edited by Harpa Timsah

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

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

KayDeeCee Grand Master

KayDeeCee   4,893

Posted
Filed: Citizen (apr) Country: Mexico
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Posted

Paper file instead of e-filing. You include a statement that she wishes to be treated as resident alien for tax purposes for 2012. See IRS Pub 519: http://www.irs.gov/publications/p519/ch01.html#en_US_publink1000222172

Note: That Pub was written for the 2011 tax year and not 2012. Adjust the dates accordingly when reading it and writing your statement. It is the most recent version posted on the IRS site.

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

 
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