Tax issues for recently married K1

[jenni and sami 0]

Dear All,

We recently married and have just filed for AoS. I do not have an EAD yes, not an SSN, and have not worked in the US. My fiance is just in the process of filling out her taxes, and we had the following questions. Any help would be HUGELY appreciated:

a) Do we have to file jointly, or separately, given that I do not have an SSN?

B) We got married at the end of December. Will this effect Jenni being able to claim student tax credits?

c) Using Turbo Tax, it asks whether your spouse has had any gross income in the last year - we are not sure how to answer this, given that I was earning in the UK, but have had no income in the States.

d) Finally, I am guessing we would be best off talking to a professional tax advisor. Does anyone have any advice on how to find a reliable advisor who knows about immigration issues? Are the high-street big brand advisors a safe bet, or a local independent?

Once again, any help would be fabulous. I can't get my head around the US tax system at all!

Cheers,

Sami

[payxibka 10,044]

We recently married and have just filed for AoS. I do not have an EAD yes, not an SSN, and have not worked in the US. My fiance is just in the process of filling out her taxes, and we had the following questions. Any help would be HUGELY appreciated:

She is no longer your fiancee she is your WIFE. For tax purposes that is a huge distinction.

a) Do we have to file jointly, or separately, given that I do not have an SSN?

If you need, you get an ITIN until you get your SSN

B) We got married at the end of December. Will this effect Jenni being able to claim student tax credits?

No

c) Using Turbo Tax, it asks whether your spouse has had any gross income in the last year - we are not sure how to answer this, given that I was earning in the UK, but have had no income in the States.

If you want to file Joint then you will need to declare you non-US income

d) Finally, I am guessing we would be best off talking to a professional tax advisor. Does anyone have any advice on how to find a reliable advisor who knows about immigration issues? Are the high-street big brand advisors a safe bet, or a local independent?

Best is to interview and find out who is competant in resident and non-resident alien taxation.

Edited February 2, 2007 by fwaguy

[jenni and sami 0]

Many thanks for your insights FWAGuy

She is no longer your fiancee she is your WIFE. For tax purposes that is a huge distinction.

Good point. Oops. We are having a big wedding celebration in May, and have been considering that as our true marriage date, for personal purposes.

If you need, you get an ITIN until you get your SSN

Where do we get an ITIN?

If you want to file Joint then you will need to declare you non-US income

Even if taxes have been paid in the UK? I presume I won't get taxed twice on this?

Cheers,

Sami

[Kez/JWolf 6]

You need for W7 to get a ITIN... you gan get it from IRS website

No you wont be taxed twice on the money...

Have you filed form P85 back home with inland revenue to claim back the tax you paid as you are no longer resident in the UK... see inland revenue website for more info...

Kez

[Yodrak 7]

Sami,

When was "recently"?

Whether or not you have a SSN is not relevant to the question.

Yodrak

Dear All,

We recently married .....

a) Do we have to file jointly, or separately, given that I do not have an SSN?

.....

Cheers,

Sami

[Kez/JWolf 6]

Yodrak he said they got married at the end of december.... therefore they were married by 12/31/06...

Kez

[Yodrak 7]

Kez,

Thanks for pointing it out - I see it now.

Yodrak

Yodrak he said they got married at the end of december.... therefore they were married by 12/31/06...

Kez

[Nathalie Yen Hong 0]

Hi Sami,

I'm experiencing the same problems as you and your fiancee are. My 'fiance' and I got married last year, I filed for AOS, EAD and AP early this year, I don't yet have my SSN and so we can't do our tax returns. When I entered the country on the marriage visa last year, I had no idea getting a SSN within the 3 month period that the I-94 is only valid for was going to be one of the most crucial things! Now that my I-94 has expired, we are married, my AOS and relevant documents have been filed, there is just nothing I can do besides sit at home. I can't get my driver's permit to start learning driving since that requires a SSN - which of course requires the EAD, find a job since that requires an approved EAD (which I recently found out took an average of 3 months - is that true?) or file our taxes. Oh, pardon my whining.

I've read the replies that followed your thread: have you been able to get around your problem? Would getting a ITIN aka W7 help?

Anything at this point would help me. =)

Nathalie

[payxibka 10,044]

Applying for an ITIN will allow you to at least file your taxes

[jenni and sami 0]

Kez,

Thanks for pointing it out - I see it now.

Yodrak

Yodrak he said they got married at the end of december.... therefore they were married by 12/31/06...

Kez

Thanks for all the advice guys. Yeah, we were legally married bon the 16th of December. Is this significant?

You need for W7 to get a ITIN... you gan get it from IRS website

No you wont be taxed twice on the money...

Have you filed form P85 back home with inland revenue to claim back the tax you paid as you are no longer resident in the UK... see inland revenue website for more info...

Kez

No - because I was self-employed, I'll be filing a tax return for the UK in April... at least I think that is how it works.

[jenni and sami 0]

Hi Sami,

I'm experiencing the same problems as you and your fiancee are. My 'fiance' and I got married last year, I filed for AOS, EAD and AP early this year, I don't yet have my SSN and so we can't do our tax returns. When I entered the country on the marriage visa last year, I had no idea getting a SSN within the 3 month period that the I-94 is only valid for was going to be one of the most crucial things! Now that my I-94 has expired, we are married, my AOS and relevant documents have been filed, there is just nothing I can do besides sit at home. I can't get my driver's permit to start learning driving since that requires a SSN - which of course requires the EAD, find a job since that requires an approved EAD (which I recently found out took an average of 3 months - is that true?) or file our taxes. Oh, pardon my whining.

I've read the replies that followed your thread: have you been able to get around your problem? Would getting a ITIN aka W7 help?

Anything at this point would help me. =)

Nathalie

Hi Nathalie,

Sorry to hear of your troubles. Hopefully the EAD will come through soon. It sounds, from what everyone else on this forum is saying, that you should get an ITIN so you can do taxes at least. I guess it will keep you occupied.

Look at it this way, soon you'll have jumped through all the hoops they require and will be able to get on with your life. Frustrating having to wait though, isn't it?

Cheers,

Sami

[payxibka 10,044]

Thanks for all the advice guys. Yeah, we were legally married bon the 16th of December. Is this significant?

Is December 16th significant? No.... Is 2006 vs. 2007 significant? Hel! YES!!