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cadams84

Taxes, K1 VISA and Marriage

By cadams84 in Tax & Finances During US Immigration

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cadams84 Rookie

cadams84   0

Posted
Filed: Timeline
Posted

My fiance arrived in the USA in mid November, we just got married last week and we plan to file for her adjustment of status just after new years. Do I file my taxes as single or married? If we are to file as married do we need to apply for a tax id / ssn? How will that work with her pending adjustment of status? I just want to figure this stuff out ahead of time. Thanks for the replies. :)

A&S14 Contributor

A&S14   2

Posted
Filed: AOS (pnd) Timeline
Posted

You can still file as single. I still file as single. It doesnt really matter.

08/20/2014 Application (I-130/I-485 concurrent filing) received at Chicago lockbox

09/04/2014 NOA (text and email) at 12:40 AM

09/05/2014 USCIS case status activated

I-485 is forwarded to Nebraska Service Center (dated 09/02/2014 for the fingerprint fee): Acceptance Status

I-130, I-131 and I-765 are all dated 08/20/2014 (all are at Initial Review)

09/08/2014 NOA hard copies received

09/12/2014 Biometrics appointment letters, scheduled on 09/24/204

09/24/2014 Biometrics done :)

11/08/2014 EAD in production (called USCIS 11/05/2014 and they put in a service request for me)

11/14/2014 Ready to be scheduled for interview! Hooray! :)

11/18/2014 Got my EAD/AP in the mail. ;)

12/06/2017 Received notice for interview (Jan 8) :D

01/08/2015 Interview, verbal approval

01/12/2015 New Card in Production!

01/17/2015 GC received!!! but not done yet, my name is "incorrect," I have not changed my last name yet and they change it in the card. The EAD and AP are correct though.


sma1488 Collaborator

sma1488   155

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

You can still file as single. I still file as single. It doesnt really matter.

You could not be more wrong. Good luck getting those tax returns amended.

OP, marries filing jointly is fine, as is married filing separately. You'll need to do some research and find out which one benefits you more. The instructions for the 1040 forms and IRS Publication 519 have all the information you'll need.

A&S14 Contributor

A&S14   2

Posted
Filed: AOS (pnd) Timeline
Posted

You could not be more wrong. Good luck getting those tax returns amended.

OP, marries filing jointly is fine, as is married filing separately. You'll need to do some research and find out which one benefits you more. The instructions for the 1040 forms and IRS Publication 519 have all the information you'll need.

Apologies, my mistake. , thats what I meant- married filing separately (my company checks everything so my taxes have been always corrrect. I did chose that for my company to prepare my tax forms but it is basically like filing as single. But IRS will not go after you if you file as single since there is no difference anyways in the tax as long as you dont have kids yet. Well, you actually save more when you file as single. but better to do it right, you dont wanna mess with IRS.

08/20/2014 Application (I-130/I-485 concurrent filing) received at Chicago lockbox

09/04/2014 NOA (text and email) at 12:40 AM

09/05/2014 USCIS case status activated

I-485 is forwarded to Nebraska Service Center (dated 09/02/2014 for the fingerprint fee): Acceptance Status

I-130, I-131 and I-765 are all dated 08/20/2014 (all are at Initial Review)

09/08/2014 NOA hard copies received

09/12/2014 Biometrics appointment letters, scheduled on 09/24/204

09/24/2014 Biometrics done :)

11/08/2014 EAD in production (called USCIS 11/05/2014 and they put in a service request for me)

11/14/2014 Ready to be scheduled for interview! Hooray! :)

11/18/2014 Got my EAD/AP in the mail. ;)

12/06/2017 Received notice for interview (Jan 8) :D

01/08/2015 Interview, verbal approval

01/12/2015 New Card in Production!

01/17/2015 GC received!!! but not done yet, my name is "incorrect," I have not changed my last name yet and they change it in the card. The EAD and AP are correct though.


A&S14 Contributor

A&S14   2

Posted
Filed: AOS (pnd) Timeline
Posted

A&S14 you're giving TERRIBLE advice. Please be careful. If you dont know much about the subject and dont even do your own taxes, let someone more knowledgeable answer.

I did apologize. I have been doing my taxes (with double checking from my university) for seven years here in the US (as F-1 non resident alien, then it became resident alien), and I started doing the changes and I checked the married filing separately (somehow I recalled filing as single).

So that's it, I did apologize and I am glad somebody saw it.

08/20/2014 Application (I-130/I-485 concurrent filing) received at Chicago lockbox

09/04/2014 NOA (text and email) at 12:40 AM

09/05/2014 USCIS case status activated

I-485 is forwarded to Nebraska Service Center (dated 09/02/2014 for the fingerprint fee): Acceptance Status

I-130, I-131 and I-765 are all dated 08/20/2014 (all are at Initial Review)

09/08/2014 NOA hard copies received

09/12/2014 Biometrics appointment letters, scheduled on 09/24/204

09/24/2014 Biometrics done :)

11/08/2014 EAD in production (called USCIS 11/05/2014 and they put in a service request for me)

11/14/2014 Ready to be scheduled for interview! Hooray! :)

11/18/2014 Got my EAD/AP in the mail. ;)

12/06/2017 Received notice for interview (Jan 8) :D

01/08/2015 Interview, verbal approval

01/12/2015 New Card in Production!

01/17/2015 GC received!!! but not done yet, my name is "incorrect," I have not changed my last name yet and they change it in the card. The EAD and AP are correct though.


Kim and Jermaine Enthusiast

Kim and Jermaine   28

Posted
Filed: AOS (apr) Country: Jamaica
 Timeline
Posted

Apologies, my mistake. , thats what I meant- married filing separately (my company checks everything so my taxes have been always corrrect. I did chose that for my company to prepare my tax forms but it is basically like filing as single. But IRS will not go after you if you file as single since there is no difference anyways in the tax as long as you dont have kids yet. Well, you actually save more when you file as single. but better to do it right, you dont wanna mess with IRS.

This one though.... you still gave horrible incorrect information

A&S14 Contributor

A&S14   2

Posted
Filed: AOS (pnd) Timeline
Posted

Yes, I agree, it is horrible, terrible, and I really feet bad about it. I dont know what else to tell you. I also personally message cadams84. I thanks Umka36 for catching it early. And thank you Kim and Jermaine, but you dont have to repeatedly tell me this. I will double check, triple check everything before I ever give an advice again. I am so eager to help and I did this mistake.

Just a thought though, dont bring down people too much especially when they already sincerely apologize and realize their mistake. Dont do this especially to your children, spouse, friends. Yes, I have a Ph.D. and I still commit mistakes, and I do embrace it and learn a lot from it. I never put people down when they are wrong. Though make sure they realize it and teach them to correct it. God bless.


Yes, I agree, it is horrible, terrible, and I really feet bad about it. I dont know what else to tell you. I also personally message cadams84. I thanks Umka36 for catching it early. And thank you Kim and Jermaine, but you dont have to repeatedly tell me this. I will double check, triple check everything before I ever give an advice again. I am so eager to help and I did this mistake.

Just a thought though, dont bring down people too much especially when they already sincerely apologize and realize their mistake. Dont do this especially to your children, spouse, friends. Yes, I have a Ph.D. and I still commit mistakes, and I do embrace it and learn a lot from it. I never put people down when they are wrong. Though make sure they realize it and teach them to correct it. God bless.

08/20/2014 Application (I-130/I-485 concurrent filing) received at Chicago lockbox

09/04/2014 NOA (text and email) at 12:40 AM

09/05/2014 USCIS case status activated

I-485 is forwarded to Nebraska Service Center (dated 09/02/2014 for the fingerprint fee): Acceptance Status

I-130, I-131 and I-765 are all dated 08/20/2014 (all are at Initial Review)

09/08/2014 NOA hard copies received

09/12/2014 Biometrics appointment letters, scheduled on 09/24/204

09/24/2014 Biometrics done :)

11/08/2014 EAD in production (called USCIS 11/05/2014 and they put in a service request for me)

11/14/2014 Ready to be scheduled for interview! Hooray! :)

11/18/2014 Got my EAD/AP in the mail. ;)

12/06/2017 Received notice for interview (Jan 8) :D

01/08/2015 Interview, verbal approval

01/12/2015 New Card in Production!

01/17/2015 GC received!!! but not done yet, my name is "incorrect," I have not changed my last name yet and they change it in the card. The EAD and AP are correct though.


  • 3 weeks later...
jfgk1987 Community Regular

jfgk1987   303

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

But IRS will not go after you if you file as single since there is no difference anyways in the tax as long as you dont have kids yet. Well, you actually save more when you file as single. but better to do it right, you dont wanna mess with IRS.

No no noooooo.

It could be a benefit to the OP if they file as married-filing-jointly, especially if the spouse didn't work; the standard deduction alone will drop the taxable income and can knock you down a tax bracket, this causes you to get taxed on a lesser amount which equals more money coming back in the return.

It all depends on the income, up to a certain point it is usually more beneficial to file as married-filing-jointly vs married-filing-separate.

K-1

I-129F NOA1 => NOA2: 161 days

NOA2 => Interview: 64 days

AP: 33 days

Total: 258 days

AOS

I-485 NOA => GC: 333 days

No Interview

ROC

07/30/2017: Package Sent

08/01/2017: NOA

09/07/2017: Biometrics

12/04/2018: Approved! 490 days

 
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