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My wife's adjustment of status is pending. Do I file as single?

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I am married and working full-time, but on my W-4 form it said that if my spouse is a non-resident then I have to file as single. My wife is here on a K-1 visa awaiting her approval for residency. So what is the best way to handle this situation? Do I file as single and then make one exemption/allowance?

Any help would be appreciated.

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The w-4 is not a tax filing. It is used to determine how much tax is withheld each pay period from your check. you will be filing your taxes for 2015 sometime in early 2016. your marital status at 11:59 p.m. on Dec 31,2015 determines your filing status. If you are legally married (anywhere in the world) you can file as married jointly or married separate. If you are married you cannot file as single.

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What can I legally do to ensure that I receive the most money from each pay-check? I am married with no children yet. So do I put one allowance/exemption (forgot what it is called) because of my wife?

You fill in your W-4 based on how you anticipate you will file this year's taxes.

Your choices are Married Filing Jointly and Married Filing Separately. Married Filing Jointly is in almost all cases much better than Married Filing Separately, especially in the case where there's a difference in income between the spouses.

If you are doing Married Filing Jointly and you are the only one working, then the W-4 is pretty easy to fill out.

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You need to file tax married. Very simple.


N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

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I'm confused. You say you are married, but your wife is here on a K1 visa....that's a fiancé visa?

So are you technically married here in the U.S. ? As far as I know, if you are legally married, then you have to file married.

I hope that helps :)

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What can I legally do to ensure that I receive the most money from each pay-check? I am married with no children yet. So do I put one allowance/exemption (forgot what it is called) because of my wife?

Your W4 can pretty much say anything you choose because it is no more than a worksheet kind of thing to help you estimate taxes you will owe when you actually file. The goal is to break even meaning have just the right amount taken out of each paycheck to cover your tax bill. It never works but you can tweak it at any time. So if you want more in each paycheck claim the wife on it. The higher your number, for example someone with with 3 kids too, the more you take home because it is estimating you have a big family. Bigger family means more exemptions and tax breaks for the average bloke so they don't hold out as much money.

I am the only one with a full-time job. But my wife is currently working on a freelance job and she plans to work on more (if she can find more work). So will this change anything?

Something to start learning with freelance work. She will be considered self-employed to the IRS. Nothing will be held out by an employer toward federal taxes, Social Security, or Medicare. But she still owes them. It will all come out as a final tax owed on your joint return. If you paid in extra out of each paycheck, then it might be enough to offset what she didn't pay in. If you do like you plan and try to get all you possible can in your take home pay, then you could be writing a big check to the IRS when you file. The IRS doesn't like it all paid at the end like that so there can be penalty fees added on when you owe too much.

For a self employed taxpayer, Schedule SE (Self Employment Tax) is part of the tax return. That is basically figuring out the Social Security and Medicare contributions she owes depending on the income she makes. The form 1040 will figure the federal tax owed on the income. With one small job, it may not matter much, but if she starts making a good income, you could end up with a big bill when you file. Self-employed with a sizable income pay in Quarterly Estimated Payments. That mean you send a check to IRS by certain dates four times a year to cover what an employer would have been holding out of paychecks and paying in on your behalf.


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

No RFEs

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