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Tee and Megan

Called IRS, Called Marketplace, So confused--tax help PLEASE.

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Filed: K-1 Visa Country: New Zealand
Timeline

He becomes eligible for O Care when you file for GC not when he becomes a LPR.

The mandate applies to many who are not US Citizens or Permanent Residents.

I was about to say the same thing... I was just on the phone with Healthcare.gov reps over the weekend and it seems to me that, like with everything else, some reps are more knowledgable than others when it comes to immigrants.

OP - Not sure if this is going to confuse things more for you, but at the moment we have filled for AOS and have been submitting our paperwork to Healthcare.gov for coverage. Because we have already received our NOA for AOS, I am elligible to apply for and receive coverage. In our case however, we just got married this year so it does not affect the USC's tax filling for 2014.

From what I understand, you should be exempt from the penalty for 2014 because last year you were not elligible to apply for coverage (because you had not filled for AOS). I believe what others have said before is correct... you need to file as Married filling Seperately to avoid confusing things tax-wise. This should avoid the question of wether or not your spouse had coverage in 2014.

Good Luck!

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Filed: Timeline

You are making this way more complicated than it needs to be. You are correct it is not mandatory, it is a choice to be considered as a resident alien for tax purposes.

You are also correct that the husband would need to declare his income from his country. However, unless the husband has significant funds (exceeding $10,000 USD) in a bank, or other financial institution, in his country, the FBAR does NOT need to be filed.

Form 2555-EZ (Foreign Income Exclusion) is the only form that needs to be filed, which will allow him to exempt his foreign income.

Married filing jointly could be a smarter choice because the tax burden is lower and standard deduction is higher than filing separately. You could end up with a larger refund by filing joint.

This is correct. My husband elected me as a resident alien for 2014 even though I only got my green card in Feb 2015. We filed jointly, and used Exemption C.

We had a CPA do our taxes for less than $300, and it was absolutely worth every cent. We got into a lower tax bracket and had a sizable refund.

I was so worried that I'd have to pay the penalty since I was uninsured for 2014, but according to my CPA, we could claim a full-year exception on Form 8965 for myself using Exemption C, and I wouldn't be subjected to any penalty since we filed as a household.

I'm not sure if it'll apply to you as well, but I would suggest going to a good CPA who can help you with it.

10 July 2014 (Day 1): I-485, I-130, I-131 I-765 mailed to Chicago Lockbox.

15 July 2014 (Day 5): Email & SMS Notifications from USCIS for each form filed.
18 July 2014 (Day 8): All 4 NOAs received in mail
1 August 2014 (Day 22): Completed walk-in biometrics successfully
13 August 2014 (Day 34): I-485 moved to Testing and Interview
19 August 2014 (Day 40): Reached out to congressman's office to request for expedited EAD based on job offer
25 August 2014 (Day 46): Called USCIS's office to put in request for expedited EAD processing
26 August 2014 (Day 47): Congressman's office called and informed that I-131 post decision activity, I-765 card/document production (successful expedite request)

28 August(Day 49): USCIS ordered production of I-765 EAD

6 September 2014 (Day 58): Received EAD/AP combo card

27 January 2015 (Day 201): Successfully completed interview

8 February 2015 (Day 211): 2-years conditional green card in hand

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This is correct. My husband elected me as a resident alien for 2014 even though I only got my green card in Feb 2015. We filed jointly, and used Exemption C.

We had a CPA do our taxes for less than $300, and it was absolutely worth every cent. We got into a lower tax bracket and had a sizable refund.

I was so worried that I'd have to pay the penalty since I was uninsured for 2014, but according to my CPA, we could claim a full-year exception on Form 8965 for myself using Exemption C, and I wouldn't be subjected to any penalty since we filed as a household.

I'm not sure if it'll apply to you as well, but I would suggest going to a good CPA who can help you with it.

Thank you so much sophiesworld. I had my Aunt prepare this because we were so confused (my first time filing taxes not being a dependent, having a fairly good job, being married and so on); and I think she already put down exemption C for us. I'll try to get him health insurance for 2015 as soon as possible. Hopefully we won't get too much of a penalty for 2015 (or can we claim Exemption C until he gets his GC)

Did you have to have an interview with your AOS? Did they ask you about your taxes at all? Thanks again, everyone!

All that we are and all that will be we dedicate to the One who brought us together

Timeline:

K-1 Journey:

Petition sent: 03/27/2014

Interview date!!! 10/06/2014

AOS:

Packet received at Chicago Lockbox: 2/2/2015

EAD approved! 2/26/2015

AP approved! 2/26/2015

Green card received!! 09/24/2015

ROC: 

I-751 sent off to CSC: 7/25/2017

NOA1: 7/27/2017

Filed Inquiry into Biometrics status: 9/18/2017

10 Year Green Card Approved!!! 10/22/2018

 

Next Stop, Citizenship! 

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Filed: Timeline

Thank you so much sophiesworld. I had my Aunt prepare this because we were so confused (my first time filing taxes not being a dependent, having a fairly good job, being married and so on); and I think she already put down exemption C for us. I'll try to get him health insurance for 2015 as soon as possible. Hopefully we won't get too much of a penalty for 2015 (or can we claim Exemption C until he gets his GC)

Did you have to have an interview with your AOS? Did they ask you about your taxes at all? Thanks again, everyone!

No worries! Glad to be of some help.

The IO didn't ask us about our taxes during AOS interview. We filed our taxes before the interview date,and I volunteered our tax returns since we brought it along during the interview as additional supporting evidence of bona fide marriage. Even then, he barely looked at it and didn't ask if we filed jointly or separately.

Are you working right now? If yes, you should try to add your husband on to your employer's health insurance as well.

Actually he is eligible and can qualify for coverage with his EAD card (I-766), but I know that enrollment period is over --> https://www.healthcare.gov/immigrants/immigration-status/

10 July 2014 (Day 1): I-485, I-130, I-131 I-765 mailed to Chicago Lockbox.

15 July 2014 (Day 5): Email & SMS Notifications from USCIS for each form filed.
18 July 2014 (Day 8): All 4 NOAs received in mail
1 August 2014 (Day 22): Completed walk-in biometrics successfully
13 August 2014 (Day 34): I-485 moved to Testing and Interview
19 August 2014 (Day 40): Reached out to congressman's office to request for expedited EAD based on job offer
25 August 2014 (Day 46): Called USCIS's office to put in request for expedited EAD processing
26 August 2014 (Day 47): Congressman's office called and informed that I-131 post decision activity, I-765 card/document production (successful expedite request)

28 August(Day 49): USCIS ordered production of I-765 EAD

6 September 2014 (Day 58): Received EAD/AP combo card

27 January 2015 (Day 201): Successfully completed interview

8 February 2015 (Day 211): 2-years conditional green card in hand

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  • 1 year later...

 

Hi everyone! I am super confused about 2016 tax filling and would appreciate your help. I came to the US on April 5, 2016 on K1 fiance visa, got married in May, got my SSN, got a green card in November.  I worked in England for a couple of years and my last day was April 4, 2016. I'm planning to file jointly with my husband. Now my questions are:
Do I need to declare my gross income from England for 3 months and 4 days if I already paid all the tax there? ( gross income for this time would be about $6195)
Do I have a dual status? Am I considered as a non-resident for some time during 2016 or due to the fact that I spent 9 months in the US I am considered as a resident for full tax year? 

What form/attachments do I need to use? I believe 1040? 
Can I file jointly and receive the marriage  standard deduction of $ 12600?
Can I apply for health insurance exemption if I purchased it only in December after receiving my green card?
 

Thank you for you help guys! I called IRS and immigration but they were unable to answer my inquiry...
 

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