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Posted

Hi guys,

Do I have to file Taxes for 2012? I came to USA in October 2012 but was authorized to work until Jan 15th 2013 and no SSN Number until Jan 31st 2013.

My wife filed and put me down as her spouse filing separately as she wasn't sure if I needed to file. Obviously I didn't earn a single penny in USA last year.

Thanks

M

My Immigration Progress

12/12/12 - Forms Sent (i-130, i-485, i-765, i-131, i-864)

12/13/12 - USCIS Received

12/18/12 - NOA's Received

12/24/12 - Biometrics Appointment Received.

01/03/13 - RFE Received (I-485)

01/08/13 - Biometrics Appointment, Atlanta, GA (27 days)

01/15/13 - EAD Approved (34 days)

01/15/13 - AP Approved (34 days)

01/15/13 - Interview ready for Scheduling

01/18/13 - EAD in Production

01/24/13 - EAD Card Received (Serves as Advance Parole) (43 Days)

01/25/13 - Applied for Social Security Number

01/31/13 - Social Security Number Received

02/25/13 - AOS Interview Scheduled for 03/27/13

03/27/13 - AOS Interview, Atlanta, GA - Approved on the spot! (105 days)

03/27/13 - Green Card ordered for production

04/04/13 - Green Card Received (113 Days)

Filed: AOS (apr) Country: Serbia
Timeline
Posted

Hi guys,

Do I have to file Taxes for 2012? I came to USA in October 2012 but was authorized to work until Jan 15th 2013 and no SSN Number until Jan 31st 2013.

My wife filed and put me down as her spouse filing separately as she wasn't sure if I needed to file. Obviously I didn't earn a single penny in USA last year.

Thanks

M

You should have filed jointly: your wife would have received a nice tax break having a spouse that is not employed!

Posted

If your wife has not submitted her tax return, she should change it to joint and you can get ITIN number until you get SSN and you can use that.

Its already submitted, and i already have a SSN. Should we amend it? Its says we can on H&R block.

My Immigration Progress

12/12/12 - Forms Sent (i-130, i-485, i-765, i-131, i-864)

12/13/12 - USCIS Received

12/18/12 - NOA's Received

12/24/12 - Biometrics Appointment Received.

01/03/13 - RFE Received (I-485)

01/08/13 - Biometrics Appointment, Atlanta, GA (27 days)

01/15/13 - EAD Approved (34 days)

01/15/13 - AP Approved (34 days)

01/15/13 - Interview ready for Scheduling

01/18/13 - EAD in Production

01/24/13 - EAD Card Received (Serves as Advance Parole) (43 Days)

01/25/13 - Applied for Social Security Number

01/31/13 - Social Security Number Received

02/25/13 - AOS Interview Scheduled for 03/27/13

03/27/13 - AOS Interview, Atlanta, GA - Approved on the spot! (105 days)

03/27/13 - Green Card ordered for production

04/04/13 - Green Card Received (113 Days)

Posted

you should change it if possible, she will pay a significant amount less in taxes if you file jointly.

We will try, otherwise i am required to file?

My Immigration Progress

12/12/12 - Forms Sent (i-130, i-485, i-765, i-131, i-864)

12/13/12 - USCIS Received

12/18/12 - NOA's Received

12/24/12 - Biometrics Appointment Received.

01/03/13 - RFE Received (I-485)

01/08/13 - Biometrics Appointment, Atlanta, GA (27 days)

01/15/13 - EAD Approved (34 days)

01/15/13 - AP Approved (34 days)

01/15/13 - Interview ready for Scheduling

01/18/13 - EAD in Production

01/24/13 - EAD Card Received (Serves as Advance Parole) (43 Days)

01/25/13 - Applied for Social Security Number

01/31/13 - Social Security Number Received

02/25/13 - AOS Interview Scheduled for 03/27/13

03/27/13 - AOS Interview, Atlanta, GA - Approved on the spot! (105 days)

03/27/13 - Green Card ordered for production

04/04/13 - Green Card Received (113 Days)

Posted

We will try, otherwise i am required to file?

You are not required to file. She can file married filing separately.

Or you can elect to be treated as a resident alien for tax purposes and file a joint return with her. To do that you must include your worldwide income (what you made in the UK IN 2012) on the tax return. You are eligible for the foreign income exclusion so you aren't paying taxes on it twice. In most cases it would result in a lower tax bill than the way she chose to file. See this thread http://www.visajourney.com/forums/topic/412125-turbotax-help-for-joint-filing-2012/

:thumbs: (that's a Gig'em Aggies sign for you)

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

Filed: Citizen (apr) Country: Ukraine
Timeline
Posted

We will try, otherwise i am required to file?

No you were not a legal resident before 2012 ended. You are not required to file but should have been included with your wife's tax return. Next year you WILL be required to file.

VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

 
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