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Meisha&Jake

"There are no personal exemption(s) for 2018" ?!

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Hello VJ'ers

 

I've been doing a lot of researching about how my husband should file his taxes for 2018.

I moved here in Oct 2018 on a K1 fiancé visa from the UK, married in Nov 2018, filed for AOS in Dec 2018.

 

We want to file taxes "Married filing jointly" & i was under the impression from the pinned thread on this section of the forum, that i could be a spousal exemption.. but i just went onto IRS official website & it states there is "There are no personal exemption(s) for 2018." atall?!

 

Now im completely lost... we've scheduled an appointment at our nearest IRS office for me to obtain a ITIN (as SSA screwed up my application for SSN, whole different story, i have a thread about it on these forums if your curious)

 

Can anyone shed some light on this please?

 

Thanks in advance :)

 

image.png.b380e8c9fe478eb7f886e287d6708bf3.png

 

https://www.cbsnews.com/news/9-tax-deductions-individuals-can-no-longer-claim-for-their-2018-taxes/

Edited by Meisha&Jake

K1 Fiance Visa Journey - From sending I-129F to Visa in hand = 295 days📅

Spoiler

10th-Oct-2017 I-129F sent to Dallas Lockbox

13th-Oct-2017 - I-129F received 

17th-Oct-2017 - NOA1 

19th-Apr-2018 - NOA2 :dance:
8th-May-2018 - NVC received our case

14-May-2018 NVC case # assigned
29-June-2018 - Medical

20-July-2018 - Interview - APPROVED! :dancing:

01-Aug-2018 Visa in hand 🎉
13-Oct-2018 - POE:dancing:
17-Nov-2018- Married:wub:

 

AOS, EAD, AP Journey :star:
6th-Dec-2018 - I-485, I-765, I-131 packet sent to Chicago Lockbox
11th-Dec-2018 - I-485, I-765, I-131 packet received in Chicago
17th-Dec-2018 - Received txt notifications
18-Dec-2018 - Check cashed
17-Dec-2018 - NOA1 on USCIS online case status
24-Dec-2018 - x3 NOA1 letter's received in the mail:thumbs:
31-Dec-2018 - Biometrics appointment letter received in the mail
31-Dec-2018 - USCIS online case status for just AOS changed to 'Request for Initial evidence mailed' :(
07-Jan-2019 - Biometrics appointment👍
07-Jan-2019 - Request for Initial evidence letter received - request is for complete Federal tax return for most recent tax year (we did send with original packet...:angry:)

10-Jan-2019 - Sent back initial evidence request documents by mail:clock:
15-Jan-2019 - USCIS online case status for AOS changed to 'Response to USCIS' Request for Evidence was receieved':thumbs:
xx-xxx-xxxx - Waiting....


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The standard deduction still applies and is generally larger. . . 2x12000

 

https://www.forbes.com/sites/kellyphillipserb/2018/03/07/new-irs-announces-2018-tax-rates-standard-deductions-exemption-amounts-and-more/#5231c8723133

Edited by Paul & Mary
added link

March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

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2 minutes ago, Paul & Mary said:

The standard deduction still applies and is generally larger. . . 2x12000

Thank you for your quick response!
My confusion is, we was going to attach a cover letter saying spousal exemption & no need to declare my 2018 UK income as im currently a NRA here in USA (awaiting AOS) & have not earned any income in the USA


K1 Fiance Visa Journey - From sending I-129F to Visa in hand = 295 days📅

Spoiler

10th-Oct-2017 I-129F sent to Dallas Lockbox

13th-Oct-2017 - I-129F received 

17th-Oct-2017 - NOA1 

19th-Apr-2018 - NOA2 :dance:
8th-May-2018 - NVC received our case

14-May-2018 NVC case # assigned
29-June-2018 - Medical

20-July-2018 - Interview - APPROVED! :dancing:

01-Aug-2018 Visa in hand 🎉
13-Oct-2018 - POE:dancing:
17-Nov-2018- Married:wub:

 

AOS, EAD, AP Journey :star:
6th-Dec-2018 - I-485, I-765, I-131 packet sent to Chicago Lockbox
11th-Dec-2018 - I-485, I-765, I-131 packet received in Chicago
17th-Dec-2018 - Received txt notifications
18-Dec-2018 - Check cashed
17-Dec-2018 - NOA1 on USCIS online case status
24-Dec-2018 - x3 NOA1 letter's received in the mail:thumbs:
31-Dec-2018 - Biometrics appointment letter received in the mail
31-Dec-2018 - USCIS online case status for just AOS changed to 'Request for Initial evidence mailed' :(
07-Jan-2019 - Biometrics appointment👍
07-Jan-2019 - Request for Initial evidence letter received - request is for complete Federal tax return for most recent tax year (we did send with original packet...:angry:)

10-Jan-2019 - Sent back initial evidence request documents by mail:clock:
15-Jan-2019 - USCIS online case status for AOS changed to 'Response to USCIS' Request for Evidence was receieved':thumbs:
xx-xxx-xxxx - Waiting....


7d400aa4e785c26df32bd2319d06010f--silhouette-projects-silhouette-cameo.jpg.84a65536a826a536fbd174dc7da956b0.jpg

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31 minutes ago, Meisha&Jake said:

My confusion is, we was going to attach a cover letter saying spousal exemption & no need to declare my 2018 UK income as im currently a NRA here in USA (awaiting AOS) & have not earned any income in the USA

If you are an NRA and elect to be treated as an NRA, then you cannot file MFJ.

As the spouse of a USC or LPR, you can elect to be treated as an RA for the tax year, thereby qualifying for MFJ filing status. But you would need to report worldwide income, but cna then exclude most to all of it via the FEIE (and/or FTC if needed & eligible).

 

1040 instructions, page 15 (https://www.irs.gov/pub/irs-pdf/i1040gi.pdf😞

"Nonresident aliens and dual-status aliens.Generally, a married couple can't file a joint return if either spouse is a nonresident alien at any time during the year. However, if you were a nonresident alien or a dual-status alien and were married to a U.S. citizen or resident alien at the end of 2018, you can elect to be treated as a resident alien and file a joint return. See Pub. 519 for details"


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

10/24/18: Green card produced notice

10/25/18: Formal approval

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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9 minutes ago, geowrian said:

If you are an NRA and elect to be treated as an NRA, then you cannot file MFJ.

As the spouse of a USC or LPR, you can elect to be treated as an RA for the tax year, thereby qualifying for MFJ filing status. But you would need to report worldwide income, but cna then exclude most to all of it via the FEIE (and/or FTC if needed & eligible).

 

1040 instructions, page 15 (https://www.irs.gov/pub/irs-pdf/i1040gi.pdf😞

"Nonresident aliens and dual-status aliens.Generally, a married couple can't file a joint return if either spouse is a nonresident alien at any time during the year. However, if you were a nonresident alien or a dual-status alien and were married to a U.S. citizen or resident alien at the end of 2018, you can elect to be treated as a resident alien and file a joint return. See Pub. 519 for details"

Thank you! I think i've got myself just so confused.. im worried that Married filing separately will be a red flag for when i have my AOS interview 😕


K1 Fiance Visa Journey - From sending I-129F to Visa in hand = 295 days📅

Spoiler

10th-Oct-2017 I-129F sent to Dallas Lockbox

13th-Oct-2017 - I-129F received 

17th-Oct-2017 - NOA1 

19th-Apr-2018 - NOA2 :dance:
8th-May-2018 - NVC received our case

14-May-2018 NVC case # assigned
29-June-2018 - Medical

20-July-2018 - Interview - APPROVED! :dancing:

01-Aug-2018 Visa in hand 🎉
13-Oct-2018 - POE:dancing:
17-Nov-2018- Married:wub:

 

AOS, EAD, AP Journey :star:
6th-Dec-2018 - I-485, I-765, I-131 packet sent to Chicago Lockbox
11th-Dec-2018 - I-485, I-765, I-131 packet received in Chicago
17th-Dec-2018 - Received txt notifications
18-Dec-2018 - Check cashed
17-Dec-2018 - NOA1 on USCIS online case status
24-Dec-2018 - x3 NOA1 letter's received in the mail:thumbs:
31-Dec-2018 - Biometrics appointment letter received in the mail
31-Dec-2018 - USCIS online case status for just AOS changed to 'Request for Initial evidence mailed' :(
07-Jan-2019 - Biometrics appointment👍
07-Jan-2019 - Request for Initial evidence letter received - request is for complete Federal tax return for most recent tax year (we did send with original packet...:angry:)

10-Jan-2019 - Sent back initial evidence request documents by mail:clock:
15-Jan-2019 - USCIS online case status for AOS changed to 'Response to USCIS' Request for Evidence was receieved':thumbs:
xx-xxx-xxxx - Waiting....


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6 minutes ago, Meisha&Jake said:

Thank you! I think i've got myself just so confused.. im worried that Married filing separately will be a red flag for when i have my AOS interview 😕

It won't be an issue for the interview at all. Your filing status is a personal, tax decision, not one of having a bona fide marriage.

 

Although the extra $12.2k in standard deduction for MFJ is usually well worth the extra effort.


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

10/24/18: Green card produced notice

10/25/18: Formal approval

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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"Small" is relative. For somebody who moved to the US in Oct, the amount of income that can be excluded via the FEIE alone is around $75,000.

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

10/24/18: Green card produced notice

10/25/18: Formal approval

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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13 hours ago, Meisha&Jake said:

We want to file taxes "Married filing jointly" & i was under the impression from the pinned thread on this section of the forum, that i could be a spousal exemption.. but i just went onto IRS official website & it states there is "There are no personal exemption(s) for 2018." atall?!

 

2018 tax year is a major overhaul of the entire tax system. Anything you find posted about prior years may no longer be correct because of tax law changes or form changes.

 

To clarify what you want to know. Prior to 2018 tax year, a personal exemption was given per taxpayer and each dependent claimed (typically each child you have) to reduce your taxable income...the amount that is considered for taxes. Those exemptions are not part of the new 2018 tax code.  An additional way to reduce income was the standard deduction allowed per taxpayer (not their children). 

 

Comparison of what adding you to your husband's return would reduce his taxable income.

 

2017 tax year

Exemption $4050 

Standard deduction $6350

Total $10,400

 

2018 tax year

Exemptions $0 N/A

Standard deduction $12,000

 

So you see that even though the exemption was eliminated, the increased standard deduction means you on the tax return reduces his taxable income by an additional $12,000. Meanwhile, any UK income you report can be excluded using Form 2555. It means the tax your income would generate is subtracted out. 

 

Him Married Filing Separately reduces his taxable income $12k

Him filing Jointly with you reduces his taxable income $24k

 

 

Edited by Wuozopo

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19 hours ago, geowrian said:

It won't be an issue for the interview at all. Your filing status is a personal, tax decision, not one of having a bona fide marriage.

 

Although the extra $12.2k in standard deduction for MFJ is usually well worth the extra effort.

Thank you! Really appreciate your knowledge :)

 

 

17 hours ago, belinda63 said:

The extra deduction won't help unless his foreign income is small. Remember he has not paid a penny in US tax on the income as of now unlike us who have part take every payday.

 

Not sure what your trying to get at with this post...? My husband is the USC & im from the UK who moved here on a K1. My husband pays his taxes thank you & my taxes came out every monthly paycheck when i worked back home in the UK.

 

7 hours ago, Wuozopo said:

 

2018 tax year is a major overhaul of the entire tax system. Anything you find posted about prior years may no longer be correct because of tax law changes or form changes.

 

To clarify what you want to know. Prior to 2018 tax year, a personal exemption was given per taxpayer and each dependent claimed (typically each child you have) to reduce your taxable income...the amount that is considered for taxes. Those exemptions are not part of the new 2018 tax code.  An additional way to reduce income was the standard deduction allowed per taxpayer (not their children). 

 

Comparison of what adding you to your husband's return would reduce his taxable income.

 

2017 tax year

Exemption $4050 

Standard deduction $6350

Total $10,400

 

2018 tax year

Exemptions $0 N/A

Standard deduction $12,000

 

So you see that even though the exemption was eliminated, the increased standard deduction means you on the tax return reduces his taxable income by an additional $12,000. Meanwhile, any UK income you report can be excluded using Form 2555. It means the tax your income would generate is subtracted out. 

 

Him Married Filing Separately reduces his taxable income $12k

Him filing Jointly with you reduces his taxable income $24k

 

 

As always, great information @Wuozopo thank you! Going to get my husband to read all these responses

 

4 hours ago, adil-rafa said:

you dont get ITIN  at this point

you are in US and married to USC

you get a SS number

 

You clearly didnt read my post, i said i couldnt get an SSN, theres a thread on these forums if your curious, it was no fault of my own.


K1 Fiance Visa Journey - From sending I-129F to Visa in hand = 295 days📅

Spoiler

10th-Oct-2017 I-129F sent to Dallas Lockbox

13th-Oct-2017 - I-129F received 

17th-Oct-2017 - NOA1 

19th-Apr-2018 - NOA2 :dance:
8th-May-2018 - NVC received our case

14-May-2018 NVC case # assigned
29-June-2018 - Medical

20-July-2018 - Interview - APPROVED! :dancing:

01-Aug-2018 Visa in hand 🎉
13-Oct-2018 - POE:dancing:
17-Nov-2018- Married:wub:

 

AOS, EAD, AP Journey :star:
6th-Dec-2018 - I-485, I-765, I-131 packet sent to Chicago Lockbox
11th-Dec-2018 - I-485, I-765, I-131 packet received in Chicago
17th-Dec-2018 - Received txt notifications
18-Dec-2018 - Check cashed
17-Dec-2018 - NOA1 on USCIS online case status
24-Dec-2018 - x3 NOA1 letter's received in the mail:thumbs:
31-Dec-2018 - Biometrics appointment letter received in the mail
31-Dec-2018 - USCIS online case status for just AOS changed to 'Request for Initial evidence mailed' :(
07-Jan-2019 - Biometrics appointment👍
07-Jan-2019 - Request for Initial evidence letter received - request is for complete Federal tax return for most recent tax year (we did send with original packet...:angry:)

10-Jan-2019 - Sent back initial evidence request documents by mail:clock:
15-Jan-2019 - USCIS online case status for AOS changed to 'Response to USCIS' Request for Evidence was receieved':thumbs:
xx-xxx-xxxx - Waiting....


7d400aa4e785c26df32bd2319d06010f--silhouette-projects-silhouette-cameo.jpg.84a65536a826a536fbd174dc7da956b0.jpg

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1 minute ago, adil-rafa said:

so  your I 94  expired?

 


K1 Fiance Visa Journey - From sending I-129F to Visa in hand = 295 days📅

Spoiler

10th-Oct-2017 I-129F sent to Dallas Lockbox

13th-Oct-2017 - I-129F received 

17th-Oct-2017 - NOA1 

19th-Apr-2018 - NOA2 :dance:
8th-May-2018 - NVC received our case

14-May-2018 NVC case # assigned
29-June-2018 - Medical

20-July-2018 - Interview - APPROVED! :dancing:

01-Aug-2018 Visa in hand 🎉
13-Oct-2018 - POE:dancing:
17-Nov-2018- Married:wub:

 

AOS, EAD, AP Journey :star:
6th-Dec-2018 - I-485, I-765, I-131 packet sent to Chicago Lockbox
11th-Dec-2018 - I-485, I-765, I-131 packet received in Chicago
17th-Dec-2018 - Received txt notifications
18-Dec-2018 - Check cashed
17-Dec-2018 - NOA1 on USCIS online case status
24-Dec-2018 - x3 NOA1 letter's received in the mail:thumbs:
31-Dec-2018 - Biometrics appointment letter received in the mail
31-Dec-2018 - USCIS online case status for just AOS changed to 'Request for Initial evidence mailed' :(
07-Jan-2019 - Biometrics appointment👍
07-Jan-2019 - Request for Initial evidence letter received - request is for complete Federal tax return for most recent tax year (we did send with original packet...:angry:)

10-Jan-2019 - Sent back initial evidence request documents by mail:clock:
15-Jan-2019 - USCIS online case status for AOS changed to 'Response to USCIS' Request for Evidence was receieved':thumbs:
xx-xxx-xxxx - Waiting....


7d400aa4e785c26df32bd2319d06010f--silhouette-projects-silhouette-cameo.jpg.84a65536a826a536fbd174dc7da956b0.jpg

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