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Filing 2013 Taxes - I know about K1, what about K2?


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Filed: K-1 Visa Country: United Kingdom

Hi all,

My question is in regards to filing income taxes for K1/K2. K1 and I are married and have been since October. K1 has a SSN, however K2 does not yet until EAD is approved (hopefully any day now). I am of the understanding that I may file as Married filing jointly given our marriage as detailed on page 13 of this IRS document http://www.irs.gov/pub/irs-pdf/i1040.pdf (line 2, last paragraph). However, I am curious about filing K2, and not finding much information in this regards. K2 will most likely have an SSN at time of filing. Any one have past experience in this regards?



K1 Saga

1/17/13 I-129F sent

1/25/13 NOA1 from CSC

5/23/13 NOA2

6/3/13 File arrives at NVC

6/5/13 Case complete at NVC, File sent to London

6/11/13 Case received by London

6/12/13 Packet 3 received

6/12/13: Police certificate received - No trace

6/17/13: Packet 3 mailed back to London

7/08/13: Medical results received by embassy

8/15/13: Interview date - APPROVED!

8/27/13: Visa in hand

9/7/13: POE

10/5/13: Wedding

AOS Saga

10/25/13 AOS, AP, EAD sent

10/30/13 NOA1 for all the above

11/22/13 Biometrics in OKC

01/06/14 EAD approved, AP approved

01/14/14 Combo Card Received


00/00/14 Green Card interview/approval

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Filed: Lift. Cond. (apr) Country: China

Moved from K1 Process & Procedures to General Immigration-Related Discussion.

Our journey:


September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal


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If you and your spouse were married even one day in the calendar year 2013, you may file married filing jointly. Isn't K2 a child with no job? The child is listed as a dependent on the joint return the adults file.

The first year in the country there are a few rules about filing if the K1 was not yet a permanent resident. See IRS publication 519. I believe it is page 10 which discusses a statement required electing for the non-resident spouse to be treated as a resident for tax purposes. And to file jointly, worldwide income must be declared. That means all income earned in the UK in calendar year 2013 is declared. That doesn't mean it is taxed. There is a foreign income exclusion (Form 2555) to file.

While you are on the IRS website, look up FBAR and FATCA to see if you are required to do those too. They deal with reporting foreign bank accounts, investments, pensions, etc.

Fun, fun, fun!

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


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Filed: Citizen (apr) Country: Colombia

Married for two months, wife and stepdaughter living with me in the AOS forever process, but this is with the USCIS, not the IRS, a different governmental agency. With them, met all the requirements for an exemption for my wife and a dependent for my stepdaughter.

Just left that SS number blank, no problems. Key purpose of an SS number is so the IRS can hit you with FICA taxes, but not allowed to work anyway. And without an SS number, can't even open a buck bank account, IRS want taxes on any interest you may have earned.

Use to be would never apply for an SS card until you were old enough to work, but all this has changed, if you want to put a kid in your will or open a two buck bank account for them, need that SS number first. IRS wants their share of any benefits or what little interest you may earn.

USCIS puts down your prior country of nationalization on your certificate of citizenship, DOS puts down the down the country of birth instead, more confusion. Never realized how screwed up this country is until you get involved.

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