K1 Visa Wife. Married filing jointly.

[thepup 0]

Hi - I've used Visa Journey a lot but this is my first time posting. Any information would be greatly appreciated. 

 

As you all know, its tax time in the US. My wife is British and I'm a US citizen. Because we're married there are only two ways of filing: Married Filing Jointly or Separately. Based off a lot of research, it seems like MFJ is the best move for us to make. 

 

My wife worked a bit in the UK before moving to the US only made £12k (equivalent to about $16k). In November once she received her EAD, she immediately started working and now has a W2 she'll need to file. 

 

We want to file jointly for the exemptions and deductions but it seems like sort of a pain. Apparently we're meant to send a letter notifying the IRS that she'd like the be treated as US resident for tax purposes, but as we all probably know... in 2018, taxes are submitted to the IRS digitally. Who mails in anything anymore? 

 

I guess what we're looking for is context. Is it worth filing jointly or separately? What do we need to submit in lieu with our W2s to ensure our UK income is accounted for? Where do we send it? Say we file incorrectly, are their any negative consequences that can arise throughout the AOS process because of an IRS issue? 

We're going to CPA this Saturday, but want to make sure we have everything accounted for when we go to visit. Any information is greatly appreciated. We just want to make sure we do this right... 

 

[Wuozopo 4,293]

10 minutes ago, thepup said:

... in 2018, taxes are submitted to the IRS digitally. Who mails in anything anymore? 

The person who wants to file jointly and save some money. Print, sign, included statement, mail.

 

12 minutes ago, thepup said:

What do we need to submit in lieu with our W2s to ensure our UK income is accounted for?

Absolutely nothing. You state her $16k and send no documentation to prove it. 

 

14 minutes ago, thepup said:

Say we file incorrectly, are their any negative consequences that can arise throughout the AOS process because of an IRS issue? 

No. The USCIS Interviewer is not going to audit your taxes. He is not an IRS agent or CPA. He won't know if your tax return was done properly or not. Not his job.

[doggieandsam 765]

hi, i am in more or less the same situation as you (the only difference is that, i have not been working in the US yet since I arrived in late 2017). my husband and i have worked out MFJ and MFS on Turbotax and both with the foreign income reported and not, and it always comes out that MFJ is the option with the least tax implication / best refund scenario. this entails the same thing you mention, that we need to mail the return so we can include that letter to the IRS. as far as we can see this should be possible and you can do your taxes online through turbotax still and then once that's done, just print it out, put the letter in and then mail it. apart from the actual mailing work, it should be not big of a deal.

[geowrian 22,337]

7 minutes ago, Wuozopo said:

The person who wants to file jointly and save some money. Print, sign, included statement, mail.

Exactly. It's inconvenient, but can have thousands of dollars difference in tax liability versus MFS. A little extra work is worth it in most cases.

 

Edit: For reference, we sent our taxes via USPS on 1/26/18 and our refund is due to be processed in our account this week. The longer you wait to file by paper, the longer it tends to take for them to process it (4-6+ weeks once you get to crunch time).

Edited February 12, 2018 by geowrian

[thepup 0]

@doggieandsam I'm assuming that you have an SSN and everything? Say when we go to our CPA this Saturday, he'll file on our behalf and then we'll send the same packet to the IRS with our letter? Where does the letter go to? I'm actually having trouble finding a physical address as well. We're in New York. 

[thepup 0]

Hey @geowrian 

 

Thanks for your response. So we're thinking of going to a CPA this weekend who will prepare our taxes for us. We're likely to not get a return because of other reasons dealing with work stock options etc. If anything I'll owe money. 

Once its determined how much I owe, will I just mail everything with a check to the IRS based off how much my CPA says I owe? 

[doggieandsam 765]

1 minute ago, thepup said:

@doggieandsam I'm assuming that you have an SSN and everything? Say when we go to our CPA this Saturday, he'll file on our behalf and then we'll send the same packet to the IRS with our letter? Where does the letter go to? I'm actually having trouble finding a physical address as well. We're in New York. 

yes, i have everything i need for the filing such as snn. i am not sure about the CPA filing for you. as far as i am aware, they can prepare it but it will be your responsibility to actually mail it but i'm not sure. i'm sorry i don't know the address to send the return to at this time (haven't reached that stage in our research yet) but maybe @geowrian above can answer your question as he has already sent in his.

[geowrian 22,337]

The exact address to file depends on your circumstances. Here's a guide on where to file based on state, form, and refund/payment status:

https://www.irs.gov/filing/where-to-file-paper-tax-returns-with-or-without-a-payment

 

If doing MFJ, you would include the check, any W-2s and 1099s, an election letter for your non-resident spouse to be treated as a resident for the tax year, and the tax return forms. The election letter information is here: https://www.irs.gov/individuals/international-taxpayers/nonresident-alien-spouse

 

[thepup 0]

@geowrian - Last question... I hope. Because we'll be treating my wife as a US resident, is 1040 ES(NR) needed? Or just the typically 1040 since we'll be filing together and I'm a USC? 

@Wuozopo - Where would you mention her UK income information? 

 

Thank you guys/girls so much. Its greatly appreciated. USCIS is confusing enough and this is different ballgame. Thanks for your patience. 

[geowrian 22,337]

25 minutes ago, thepup said:

@geowrian - Last question... I hope. Because we'll be treating my wife as a US resident, is 1040 ES(NR) needed? Or just the typically 1040 since we'll be filing together and I'm a USC?

Just a 1040/1040A/1040EZ is fine (although I think the 1040 is needed for the Foreign Earned Income Exclusion / Foreign Tax Credit).

[Wuozopo 4,293]

1 hour ago, thepup said:

@Wuozopo - Where would you mention her UK income information? 

 Tell your CPA so he can report it. It will be on Line 7 of the 1040 with your income...all lumped together. It's required if you file jointly. And any interest she may have earned from investments in 2017. Your CPA will know about the foreign income exclusion to deduct the amount of tax her income would generate. If he doesn't, then he's not worth the money. 

 

Your form will be 1040. Plus other forms and schedules depending on the nature of your income,

 

 

 

 

Edited February 12, 2018 by Wuozopo

[moosy 139]

On 2/12/2018 at 2:29 PM, Wuozopo said:

 Tell your CPA so he can report it. It will be on Line 7 of the 1040 with your income...all lumped together. It's required if you file jointly. And any interest she may have earned from investments in 2017. Your CPA will know about the foreign income exclusion to deduct the amount of tax her income would generate. If he doesn't, then he's not worth the money. 

 

Your form will be 1040. Plus other forms and schedules depending on the nature of your income,

 

 

 

 

 

The foreign income exclusion seems to say that you need to still have your tax home there? I am in a very similar position as OP, and I thought you solved my question as well, but now I'm stuck.
https://www.irs.gov/individuals/international-taxpayers/foreign-earned-income-exclusion

[Wuozopo 4,293]

7 minutes ago, moosy said:

 

The foreign income exclusion seems to say that you need to still have your tax home there? I am in a very similar position as OP, and I thought you solved my question as well, but now I'm stuck.
https://www.irs.gov/individuals/international-taxpayers/foreign-earned-income-exclusion

 

During the part of 2017 when you earned and want to exclude the Foreign income, you did have a tax home there. Right? Do not exclude any money received roughly July onward after you were in the US.

[moosy 139]

19 hours ago, Wuozopo said:

 

During the part of 2017 when you earned and want to exclude the Foreign income, you did have a tax home there. Right? Do not exclude any money received roughly July onward after you were in the US.

Correct; I think my case is pretty easy; never earned foreign money once I entered the US. Thank you!