K-1 Visa And Taxes. Am I Understanding This Correctly?

[shawndee 47]

Hello All,

 

The tax info in regards to a new K-1 fiancé  is making my head spin. So, please have patience and know that  I have read many topics on the subject, I just want to know if I’m understanding this correctly.

 

Some background:

 

My my fiancé will enter the country in December of 2017. We will marry in the early part of Jan 2018 and will apply for her SS card as soon as possible and apply for AOS almost directly. 

 

In April of 2018, when filing our taxes, we will file Married, Filing Jointly. 

 

She will, hopefully, by that time have her SS number. So, we should be good there.

 

My questions are:

 

1. We should report her Australian income and taxable interest on any accounts for 2017 and her US income as 0, yes? 

 

2. Am I correct in thinking that, according to the IRS definition, she is considered a Resident Alien (even though she, probably, won’t have her green card by then?)

 

Thank you for your time. 

 

 

 

[usmsbow 796]

1. You don't have to report her Australian income since she was not a PR or citizen in 2017.

2. Sorry, don't know. 

[Suss&Camm 2,213]

15 minutes ago, shawndee said:

Hello All,

 

The tax info in regards to a new K-1 fiancé  is making my head spin. So, please have patience and know that  I have read many topics on the subject, I just want to know if I’m understanding this correctly.

 

Some background:

 

My my fiancé will enter the country in December of 2017. We will marry in the early part of Jan 2018 and will apply for her SS card as soon as possible and apply for AOS almost directly. 

 

In April of 2018, when filing our taxes, we will file Married, Filing Jointly. 

 

She will, hopefully, by that time have her SS number. So, we should be good there.

 

My questions are:

 

1. We should report her Australian income and taxable interest on any accounts for 2017 and her US income as 0, yes? 

You will report your joint income, and use the FEIE for her income which will reduce the taxable income and you will have 2x deduction + 2x exemption per MFJ 

If she had any accounts with a combined amount of over $10,000 at any time of the year she also has to report those accounts under FBAR

15 minutes ago, shawndee said:

2. Am I correct in thinking that, according to the IRS definition, she is considered a Resident Alien (even though she, probably, won’t have her green card by then?)

Yes if you add the statement that you want her to be treated as a tax resident for the entire year of 2017. Resident for tax purposes and resident immigration status aren't the same things. 

 

[kris&me 572]

By the time u do your tax returns, she can have her SS number so married filing jointly and she is wife

Edited October 6, 2017 by kris&me

[MariaR323 199]

6 hours ago, shawndee said:

Hello All,

 

The tax info in regards to a new K-1 fiancé  is making my head spin. So, please have patience and know that  I have read many topics on the subject, I just want to know if I’m understanding this correctly.

 

Some background:

 

My my fiancé will enter the country in December of 2017. We will marry in the early part of Jan 2018 and will apply for her SS card as soon as possible and apply for AOS almost directly. 

 

In April of 2018, when filing our taxes, we will file Married, Filing Jointly. 

 

She will, hopefully, by that time have her SS number. So, we should be good there.

 

My questions are:

 

1. We should report her Australian income and taxable interest on any accounts for 2017 and her US income as 0, yes? 

 

2. Am I correct in thinking that, according to the IRS definition, she is considered a Resident Alien (even though she, probably, won’t have her green card by then?)

 

Thank you for your time. 

 

 

 

* HUGE ISSUE *

If you get married in 2018 you CANNOT file MFJ in April 2018 because you would be filing a tax return for calendar year 2017 and you are considered still single then.

 

If you want to file MFJ for calendar year 2017 you must get married in 2017 - even if you get married on the last day of the year, 12/31/17,  you must get married so it can count for the whole year.

 

Maria

 

[Nitas_man 3,100]

9 hours ago, shawndee said:

Hello All,

 

The tax info in regards to a new K-1 fiancé  is making my head spin. So, please have patience and know that  I have read many topics on the subject, I just want to know if I’m understanding this correctly.

 

Some background:

 

My my fiancé will enter the country in December of 2017. We will marry in the early part of Jan 2018 and will apply for her SS card as soon as possible and apply for AOS almost directly. 

 

In April of 2018, when filing our taxes, we will file Married, Filing Jointly. 

 

She will, hopefully, by that time have her SS number. So, we should be good there.

 

My questions are:

 

1. We should report her Australian income and taxable interest on any accounts for 2017 and her US income as 0, yes? 

 

2. Am I correct in thinking that, according to the IRS definition, she is considered a Resident Alien (even though she, probably, won’t have her green card by then?)

 

Thank you for your time. 

 

 

 

Unless you get married before 12/31 you won't be filing married/jointly when you file your 2017 taxes in April and she doesn't have to file at all.  If you do get married before Dec 31st declare her income with yours and take the foreign earned income exemption on hers. 

 

Assuming you get married before 12/31 and file AOS - hold your returns until she receives her SS card, which can be applied for when the EAD card arrives about 90 days after you file.  If it looks like it will be after April 15 - apply for extension if you owe them taxes and just wait and file late if they owe you a refund.  No penalty for filing late if they owe you money.  Hope that helps.

 

 

 

 

[Nitas_man 3,100]

8 hours ago, kris&me said:

By the time u do your tax returns, she can have her SS number so married filing jointly and she is wife

Bad advice.  Please do not do that.

[Suss&Camm 2,213]

4 hours ago, MariaR323 said:

* HUGE ISSUE *

If you get married in 2018 you CANNOT file MFJ in April 2018 because you would be filing a tax return for calendar year 2017 and you are considered still single then.

 

If you want to file MFJ for calendar year 2017 you must get married in 2017 - even if you get married on the last day of the year, 12/31/17,  you must get married so it can count for the whole year.

 

Maria

 

Totally missed that part - indeed

[shawndee 47]

7 hours ago, MariaR323 said:

* HUGE ISSUE *

If you get married in 2018 you CANNOT file MFJ in April 2018 because you would be filing a tax return for calendar year 2017 and you are considered still single then.

 

If you want to file MFJ for calendar year 2017 you must get married in 2017 - even if you get married on the last day of the year, 12/31/17,  you must get married so it can count for the whole year.

 

Maria

 

Thank you for pointing that out. I, honestly, didn’t realize that. Makes sense. 

[kris&me 572]

should marry in December as soon as she gets here and u can / then she is on 2017 tax returns

[Nitas_man 3,100]

13 hours ago, kris&me said:

should marry in December as soon as she gets here and u can / then she is on 2017 tax returns

Interestingly we filed MFJ and declared foreign income from the year we got married even though she did not arrive in the US until the following year.  Big difference in taxes.

[Suss&Camm 2,213]

2 hours ago, Nitas_man said:

Interestingly we filed MFJ and declared foreign income from the year we got married even though she did not arrive in the US until the following year.  Big difference in taxes.

Edit I read your post wrong.

Edited October 7, 2017 by Suss&Camm