Filing Taxes??

[jonandrachel 2]

So, i'm not sure if this is the right forum for this post but we'll see...

I'm curious about filing taxes whilst still going through the AOS process. My case is such that i'm still waiting for my AOS to be approved, i'm in NYC and it takes a very very long time here. So, i'm technically out of status, but i have my temp work permit, and had 1 payslip for the 2012 year, which didn't amount to much.

Now that April is upon us, i'm wondering if i have to file the state and federal tax returns, and if so, is there any specific forms to complete as i'm not a resident of the US or the state?

Any help always greatly appreciated.

It is a confusing and stressful process, as always.

Thanks everyone!!

Jon & Rachel

[Pitaya 2,576]

So, i'm not sure if this is the right forum for this post but we'll see...

I'm curious about filing taxes whilst still going through the AOS process. My case is such that i'm still waiting for my AOS to be approved, i'm in NYC and it takes a very very long time here. So, i'm technically out of status, but i have my temp work permit, and had 1 payslip for the 2012 year, which didn't amount to much.

Now that April is upon us, i'm wondering if i have to file the state and federal tax returns, and if so, is there any specific forms to complete as i'm not a resident of the US or the state?

Any help always greatly appreciated.

It is a confusing and stressful process, as always.

Thanks everyone!!

Jon & Rachel

Hey, I understand how you feel about all of the confusion. My wife and I had some similar questions, except she has yet to get a job. However, she does have her Social Security number (SSN). Do you have your SSN, and you were married in 2012? Did you get a Form W-2 from your employer for your 2012 income? Since my wife had her SSN we were able to file our Federal tax return (Form 1040) with a "Married, Filing Jointly" (MFJ) status, and got a sizable refund (since I (USC) was having a lot of money withheld from my bi-weekly paycheck, due to me being Single in 2012). I used tax prep software to prepare the Federal return. Can't help you with NY State tax return, I live in Washington State.

Hopefully, other more tax-savvy VJ members can also offer their advice.

HTH.

Good luck.

Edited April 10, 2013 by A&B

[Harpa Timsah 13,258]

Even though for immigration, you are not yet a resident, for tax purposes you are. For last year, you can choose to be elected as a resident for the entire year. If you do that, you need to report any foreign income you had in 2012 as well. It will probably work out that you get more money that way, because you get to claim the marriage "benefit" (more money because your family is larger) for the entire year of 2012, even though you weren't married for all of it.

[Nich-Nick 3,353]

So, i'm not sure if this is the right forum for this post but we'll see...

I'm curious about filing taxes whilst still going through the AOS process. My case is such that i'm still waiting for my AOS to be approved, i'm in NYC and it takes a very very long time here. So, i'm technically out of status, but i have my temp work permit, and had 1 payslip for the 2012 year, which didn't amount to much.

Now that April is upon us, i'm wondering if i have to file the state and federal tax returns, and if so, is there any specific forms to complete as i'm not a resident of the US or the state?

Any help always greatly appreciated.

It is a confusing and stressful process, as always.

Thanks everyone!!

Jon & Rachel

What about your husband? Has he filed?

[jonandrachel 2]

What about your husband? Has he filed?

Actually it is my wife who is the US citizen. She has not filed, as she is a student with no income during 2012.

[Nich-Nick 3,353]

Actually it is my wife who is the US citizen. She has not filed, as she is a student with no income during 2012.

If she had zero income she doesn't have to file. If you only got one paycheck, then you wouldn't have earned enough to file. Married filing jointly need to make $19500 becore they file. There are some reasons to file anyway outlined here http://www.irs.gov/uac/Newsroom/Who-Should-File-a-2012-Tax-Return%3F

She might be eligible for the American Opportunity Credit as a student. If you had money withheld, you can get it back. It's a lot to research with five days before filing deadline. And if what was withheld from your paycheck for federal taxes is a small amount, then paying a tax preparation place or even buying tax software might not be worth it.

Edited April 10, 2013 by Nich-Nick