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avol93

Filing taxes in the US

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Hi there!!

 

We just got approved at our K1 Visa Interview (yay!!) and I’m finalizing all the bits and pieces to move over there.

 

its my vague understanding that the US tax year matches the standard year (Jan-Dec). We are planning to get married in Jan 2019, so when she files for the previous year (2018) I’m assuming we file jointly? I will obviously not have worked in the US for any of that year but have worked in the UK. Do I put this on the form and do I need evidence like payslips? I won’t have any continued income from the UK once I move and I’m closing up my ISA, so won’t have any interest being paid into an account either. 

 

Ive also recently sent off the form to HMRC to let them know I’m moving, and a letter to the pension people. Is there any other tax/legal things I should be doing UK based before I go? 

 

Apologies if this is a repeat or super simple, taxes baffle me 🤷‍♀️

 

Thanks for any advice.

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Your tax status on the last day of the year determines how you file.  If you marry January 2019 the US citizen will need to file single (or head of household if that applies) as that was their status December 31, 2018. 

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14 minutes ago, avol93 said:

Hi there!!

 

We just got approved at our K1 Visa Interview (yay!!) and I’m finalizing all the bits and pieces to move over there.

 

its my vague understanding that the US tax year matches the standard year (Jan-Dec). We are planning to get married in Jan 2019, so when she files for the previous year (2018) I’m assuming we file jointly? I will obviously not have worked in the US for any of that year but have worked in the UK. Do I put this on the form and do I need evidence like payslips? I won’t have any continued income from the UK once I move and I’m closing up my ISA, so won’t have any interest being paid into an account either. 

 

Ive also recently sent off the form to HMRC to let them know I’m moving, and a letter to the pension people. Is there any other tax/legal things I should be doing UK based before I go? 

 

Apologies if this is a repeat or super simple, taxes baffle me 🤷‍♀️

 

Thanks for any advice.

No, you will be fine so don't worry about all the UK paperwork. Just have your spouse file jointly and you don't have to declare your UK earnings. This is because you are not a Permanent Resident at this time so you don't have to disclose that income. 

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16 minutes ago, avol93 said:

We are planning to get married in Jan 2019, so when she files for the previous year (2018) I’m assuming we file jointly?

Incorrect. To file as any married status, you must be married on the last day of the tax year (Dec. 31st).


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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4 minutes ago, Cyberfx1024 said:

No, you will be fine so don't worry about all the UK paperwork. Just have your spouse file jointly and you don't have to declare your UK earnings. This is because you are not a Permanent Resident at this time so you don't have to disclose that income. 

To file jointly for 2018, they must be married in 2018.

Also, filing jointly means they would need to elect be treated as a "US person"/resident alien for that tax year. As such, all worldwide income must be reported. The FEIE and FTC can eliminate taxes on this income, but it still must be reported.

 

Edit: If not marrying in 2018 and having no US income in 2018, then there is no requirement to even file federal taxes as there is no income.

Edited by geowrian

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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1 hour ago, geowrian said:

To file jointly for 2018, they must be married in 2018.

Also, filing jointly means they would need to elect be treated as a "US person"/resident alien for that tax year. As such, all worldwide income must be reported. The FEIE and FTC can eliminate taxes on this income, but it still must be reported.

 

Edit: If not marrying in 2018 and having no US income in 2018, then there is no requirement to even file federal taxes as there is no income.

I didn't see that part unfortunately, so if that is the case then no need to file as married. 

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2 hours ago, avol93 said:

its my vague understanding that the US tax year matches the standard year (Jan-Dec). We are planning to get married in Jan 2019, so when she files for the previous year (2018) I’m assuming we file jointly?

If you are not married in calendar year 2018, then you fiancé is Single on her 2018 tax return (or head of household if she qualifies such as supporting children or aging parents). You file nothing.

 

It might be a tax benefit to actually marry in 2018 and file a joint return. Your UK income would be excluded from taxation but having a spouse, you (with no income that is taxed)  doubles the standard deduction.

Single--take $12,000 off the household income before taxes are levied.

Jointly--take $24,000 off the household income. (Since your income in the UK won't be taxed, it's an opportunity to essentially reduce her income by twice as much before taxes are applied.) It would be a bigger advantage if she has high income to put her in a lower bracket. If she has a very low income, the dollars saved wouldn't be as significant. 

 

But you have a 2019 wedding date planned, so you have nothing to file with the IRS for tax year 2018 (Jan 1-Dec 31) even if you enter the US in 2018. 

 

To those reading this who will marry at the end of  2018 and choose to file jointly, the IRS does not require you to provide any UK documentation of earnings. It is self reported. But you will want payslips or something to help you figure out how much you are going to report. It is your gross income before taxes are held out.

Edited by Wuozopo

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Taxes baffle me too! 🙄

 

I am self employed in the U.K. and I also have a rental property. I’m an early May filer and hoping to enter the US and marry in February 2019. Valentine’s Day if we’re lucky! 

 

What should I do in regards to my tax returns? Do my UK self assessment as usual up to April 2019 and then file in the US from May? Or is it safer to essentially be double taxed for Jan/Feb/Mar and declare in the US as a joint filing for the entire Jan - Dec 2019?

 

When do I technically become a US person? POE? Date we marry? The day I send the AOS

 

TIA


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NOA1: May 10th 2018

NOA2: October 30th 2018

NVC Received:

Embassy Received:

Medical:

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