Question on filing tax

[Conwayscot82 1]

Sorry if this has been asked and answered before. 

 

My wife (US Citizen) and I are not 100% sure on how to file her tax in 2019.

 

I have been here since June 20th this year. I am still awaiting my EAD. I applied for my SSN at the same time. 

 

I have my AOS interview scheduled for the 13th of December but I doubt I'll have my greencard, EAD or SSN before the end of the tax year. 

 

I realise we have to file as married. Is it better to file separately or joint?  If we file jointly will the earnings I had in the UK before moving be taxed again? 

 

Any advice would be much appreciated. 

 

Sandy

[Jeanne Adil 1,651]

she can choose to file head of house (if she has children) or married filing jointly or married filing seperate

best there is a bigger tax break for married filing joint 

were u married while in UK or come on K1?

read the IRS site on foreign income if married while there

 

read this from Cornell Law of school

 

https://www.law.cornell.edu/uscode/text/26/911

[Conwayscot82 1]

11 minutes ago, adil-rafa said:

she can choose to file head of house (if she has children) or married filing jointly or married filing seperate

best there is a bigger tax break for married filing joint 

were u married while in UK or come on K1?

read the IRS site on foreign income if married while there

 

read this from Cornell Law of school

 

https://www.law.cornell.edu/uscode/text/26/911

Thanks for your reply. We got married shortly after I arrived here on K1. We have no kids. 

 

I'll have a look thank you. I'm not the best at understanding some of these sites and guides. The irs website and guides just gave me a bursting headache. 😂. Thanks again. 

[Commish10 427]

U can go to the Social Security office and apply for a card with your Work Authorization/Adjustment of Status receipt from the USCIS

[Jeanne Adil 1,651]

he will have the SS card by the time they do 2018 taxes

 

[Conwayscot82 1]

3 minutes ago, Commish10 said:

U can go to the Social Security office and apply for a card with your Work Authorization/Adjustment of Status receipt from the USCIS

Thank you. I didn't know that. I'm already over months in to waiting for my EAD and SSN. Would going now cause any issues with that? I called my local social security office and asked if there was anyway to get my card before my EAD because my I-94/K1 had expired. She told me to call uscis. When I called them they told me its a social security issue. 😂. I gave up. 

[TM92 527]

7 minutes ago, Commish10 said:

U can go to the Social Security office and apply for a card with your Work Authorization/Adjustment of Status receipt from the USCIS

1 minute ago, Conwayscot82 said:

Thank you. I didn't know that. I'm already over months in to waiting for my EAD and SSN. Would going now cause any issues with that? I called my local social security office and asked if there was anyway to get my card before my EAD because my I-94/K1 had expired. She told me to call uscis. When I called them they told me its a social security issue. 😂. I gave up. 

Not at this time; OP's EAD has not been approved, yet: https://secure.ssa.gov/poms.nsf/lnx/0110211420

Can't dwell on the past, but OP was eligible for a SSN before the K-1 I-94 expired. But like @adil-rafa said, chances are OP will have a SSN when 2018 taxes are due in April 2019.

[Conwayscot82 1]

4 minutes ago, TM92 said:

Not at this time; OP's EAD has not been approved, yet: https://secure.ssa.gov/poms.nsf/lnx/0110211420

Can't dwell on the past, but OP was eligible for a SSN before the K-1 I-94 expired. But like @adil-rafa said, chances are OP will have a SSN when 2018 taxes are due in April 2019.

Thanks for your help. I'll sit tight and wait for the SSN to come with my EAD. 

 

When we're filing jointly is my SSN enough or should I apply for the W7/ITIN? I've requested my proof of earnings in the UK before I arrived in the states. But I am hoping to apply for an exclusion on those earnings as I wasn't here and have already being taxed by the UK government. 

[payxibka 10,044]

3 minutes ago, Conwayscot82 said:

Thanks for your help. I'll sit tight and wait for the SSN to come with my EAD. 

 

When we're filing jointly is my SSN enough or should I apply for the W7/ITIN? I've requested my proof of earnings in the UK before I arrived in the states. But I am hoping to apply for an exclusion on those earnings as I wasn't here and have already being taxed by the UK government. 

You don't need both.  If you had itin, once you get your ssn, the itin dies

Edited November 13, 2018 by payxibka

[TM92 527]

10 minutes ago, Conwayscot82 said:

I'll sit tight and wait for the SSN to come with my EAD.

Just a FYI, if your Green Card is approved before an EAD is approved/issued, then chances are that a SSN will not be automatically issued (because USCIS automatically cancels the EAD application). In that case, you will have to go in person to a SSA office with the 2 year Green Card (or I-551 stamp in the passport); here is a thread where that happened:

 

Edited November 13, 2018 by TM92

[Conwayscot82 1]

12 minutes ago, TM92 said:

Just a FYI, if your Green Card is approved before an EAD is approved/issued, then chances are that a SSN will not be automatically issued (because USCIS automatically cancels the EAD application). In that case, you will have to go in person to a SSA office with the 2 year Green Card (or I-551 stamp in the passport); here is a thread where that happened:

 

Thanks a lot. I'd still be waiting for my EAD and SSN. I'm so happy you picked up on that. I've saved that form. 

18 minutes ago, payxibka said:

You don't need both.  If you had itin, once you get your ssn, the itin dies

Thank you. 

[TransplantUSA 167]

3 hours ago, Conwayscot82 said:

Sorry if this has been asked and answered before. 

 

My wife (US Citizen) and I are not 100% sure on how to file her tax in 2019.

 

I have been here since June 20th this year. I am still awaiting my EAD. I applied for my SSN at the same time. 

 

I have my AOS interview scheduled for the 13th of December but I doubt I'll have my greencard, EAD or SSN before the end of the tax year. 

 

I realise we have to file as married. Is it better to file separately or joint?  If we file jointly will the earnings I had in the UK before moving be taxed again? 

 

Any advice would be much appreciated. 

 

Sandy

I too am interested in what to do about this. I came here May 15th and I don't know how to file either. I think we're going to file married joint, but I don't even know how to get proof of my previous UK income. I'm sure they don't need it as you weren't married then though. I've tried reading websites but it sends me in circles. Makes you grateful the UK did it all automatically though right?! 🤣

[Conwayscot82 1]

6 minutes ago, emylady said:

I too am interested in what to do about this. I came here May 15th and I don't know how to file either. I think we're going to file married joint, but I don't even know how to get proof of my previous UK income. I'm sure they don't need it as you weren't married then though. I've tried reading websites but it sends me in circles. Makes you grateful the UK did it all automatically though right?! 🤣

😂. I'm with you there! So glad our employers back home did it for us. I've read various guides on the irs website and other sites. My head is burst. I'm so grateful to people on here.

 

We'll be filing "married filing jointly" I'll just need to wait for my SSN. Do you have yours? Even though it says "all worldwide income", I believe we can file to have our UK earnings excluded. I've emailed my old company to see if they can provide my earnings just in case. 

 

Do you have a AOS interview date? 

Edited November 13, 2018 by Conwayscot82
Spelling mistake

[payxibka 10,044]

1 minute ago, Conwayscot82 said:

😂. I'm with you there! So glad our employers back home did it for us. I've read various guides on the irs website and other sites. My head is burst. I'm do grateful to people on here.

 

We'll be filing "married filing jointly" I'll just need to wait for my SSN. Do you have yours? Even though it says "all worldwide income", I believe we can file to have our UK earnings excluded. I've emailed my old company to see if they can provide my earnings just in case. 

 

Do you have a AOS interview date? 

It does mean worldwide income but for the most part it means  you bring it onto the form to then exclude it a few lines later

[TransplantUSA 167]

1 minute ago, Conwayscot82 said:

😂. I'm with you there! So glad our employers back home did it for us. I've read various guides on the irs website and other sites. My head is burst. I'm so grateful to people on here.

 

We'll be filing "married filing jointly" I'll just need to wait for my SSN. Do you have yours? Even though it says "all worldwide income", I believe we can file to have our UK earnings excluded. I've emailed my old company to see if they can provide my earnings just in case. 

 

Do you have a AOS interview date? 

I have my SSN. I think I might do the same and see what they come up with. It would help if I actually got a P60 but I didn't get one this April. Did you?

I don't have an interview date either, but I do have my AP so I'm going back home for a visit at the end of November. I might bug them about it then. 😆