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amishbaby

Married and living with my mom who wants to claim me.. how do I file?

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Filed: K-1 Visa Country: Australia
Timeline

I have a few questions and concerns with how to go about filing 2017 taxes (if necessary). I just got married to my Australian fiancee on November 11th. He came on a K1 visa. I'm going to be sending out our AOS package this week or next week. I know taxes are right around the corner but I'm very confused about how this works being now married. I'm currently in college and not working. I'm a student and I live with my mom. Every year she claims me on her income tax. She wants to also claim me this year. 

 

My questions are,
1) If she claims me can I file a tax return?
2) If I can, what do I file under, like married filing jointly or married filing separately?

3) If both him and myself have no income and aren't working, should I not file and just wait till he gets his EAD and starts working before I file for the next year?

4) What is the best option to file due to my situation?

5) If she would file as head of household, what would I be able to file as? 

 

I'm not sure if I need to file since I haven't made any money for the 2016 year to claim on a tax return, but I do have student loans and figured that filing would be good just so I have a paper trail showing what I have earned. I haven't missed a tax year yet. I filed for 2014, 2015, and 2016 and want to file for 2017 as well. But, with that being said, is it required that I file a tax return? I only wanted to file a tax return if I absolutely have to. 

 

I just want to make sure my mom can claim me on her taxes, but if we file and she can't claim me, then I was thinking of not filing.

 

I hope this wasn't too complicating. To summarize, I do want to file while at the same time still allowing my mom to claim me as a dependent. What is our best option?

Thanks in advance to those who can help. I appreciate it very much. I'm sorry if I asked any stupid questions... 

 

Megan

When we first met... <3 8/2015 - First met. 10/6/2015 - Started dating. 9/23/2016 - His first visit! 12/23/2016 - Left America. 12/25/2016 - Landed in Australia!  K1 Visa 3/23/17 - I-129F sent. 4/3/17 - NOA1 email confirmation/notice date. 4/7/17 - NOA1 hard copy received!  8/2/17 - Contacted USCIS and spoke with a Tier-2 officer, also contacted my senator. 8/3/17 - Constituent Advocate contacted me and I put in an inquiry on my case. 8/3/17 NOA2 Approved the day after I contacted the Tier-2 officer. 8/7/17 - NOA2 hard copy received! (The same day I received an email from my senators office that I was approved) NVC 8/24/17 - NVC received our case. 8/24/17 - Case number received via email. 8/24/17 - Left the NVC to the consulate Consulate  9/4/17   -  Consulate recieved. 9/4/17   -  Packet 3 received. 9/5/17   -  Packet 3 sent! 9/7/17   -  Packet 4 received. 9/7/17   -  Packet 4 sent!  9/7/17   -  Medical scheduled for September 14th, 10:45 AEST. 9/7/17   -  Interview Scheduled for September 26th, 8:30 AEST.  9/14/17 -  Medical completed. 9/26/17 -  Interview complete. Result: Approved! He's not leaving me again. <3  POE and AOS 9/30/17 - Visa packet recieved with POE documents. 10/2/17 - POE at LAX successful! 10/2/17 - Arrives at my house at 12:17am through Lyft, yay! 10/5/17 - DJ booked for wedding, applied for a marriage license. 10/10/17 - Engagement ring and Wedding bands purchased (one band needed to be adjusted and the other was ordered online). We also made our first attempt for a social security card (told us to come back in a week), and we ordered our three tier wedding cake for the wedding. 10/11/17 - Marriage license in hand. 10/16/17 - Catering food list and price completed and ordered. 10/18/17 - Honeymoon reservation booked 11/24-11/26 (2 days). 10/19/17 - Social Security (2nd attempt) successful and will recieve in two weeks, and we ordered a keg of beer for the wedding, and picked up my fiancee's wedding band and left my wedding band there to be resized again (with my engagement ring as well). *10/3/17 - 10/22/17 shopping for decorations, supplies, and last minute stuff for the wedding.*  Wedding Date: November 11th 2017. TBA: 10/24/17 Cameron's social  security card arrives,  10/29/17 Pick up engagement ring and wedding band, 11/2/17 Finalize our RSVP list for our total number of people coming to the wedding, 11/1/17 Arrange the wedding favors with candy and thank you cards, wedding rehearsal and setting up the wedding/reception hall (tons to do). 11/6/17 Pay for the wedding cake (they wouldn't take early payment),  

 

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