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Do we pay Federal/State Taxes with pending AOS?

By Vicolas in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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Vicolas Explorer

Vicolas   121

Posted
Filed: AOS (pnd) Timeline
Posted

Hi all,

 

Not sure if anybody know that do we need to pay Federal/State Taxes the first year we moved to the US? I entered into US with K1 VISA on May'18, and started to work from August with EAD, right now still wait for AOS, am I required to pay taxes?(Although I'm paying all the time) I've heard that if you hold some type of VISA, you don't to pay though.  Thanks!

I-485/765/131:

06/01/2018 - Sent AOS/EAD/AP through UPS, received NOA1 on 6/11. Received bio appointment on 6/15 and completed on scheduled date 6/29.

07/06/2018 - Submitted EAD expedite request with job offer, reason was financial loss. Received EAD/AP combo card on 08/04. AOS changed to 'Case is ready to be scheduled for an interview' on 7/24.

07/23/2019 - AOS interview was scheduled on 8/27. In the interview USCIS can't make decision because original K1 file got split up somewhere.

11/25/2019 - AOS got approved, received the actual card in mail on 12/2.

I-751:

09/05/2021 - Sent ROC through FedEx, delivered on 9/7, received message e-notification on 9/9 stated case was received, check is cashed on 9/10, NOA1 in mailbox on 9/13.

10/28/2021 - Fingerprints have been taken (Reuse).

01/17/2023 -  Case was transferred To Another Office

01/26/2023 - Case Was Approved

N-400:

08/28/2022 - Submitted N-400 online, NOA1 on 08/29/2022, with estimate time 10 months for decision. Biometrics is reused.

11/23/2022 - Interview was scheduled on 1/11/2023, it was a combo interview for I751/N400. Both cases were verbally approved. System hasn't been updated yet. 

01/26/2023 - Form N-400 recommended to be approved --> Oath Ceremony Will Be Scheduled

02/06/2023 -  Oath Ceremony Notice Was Mailed, Oath on 2/22

02/22/2023 - Oath Ceremony, applied passport the same day, with estimated receiving date in middle of May. ALL DONE!!

payxibka Grand Master

payxibka   10,045

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted
1 minute ago, Victorolas said:

Hi all,

 

Not sure if anybody know that do we need to pay Federal/State Taxes the first year we moved to the US? I entered into US with K1 VISA on May'18, and started to work from August with EAD, right now still wait for AOS, am I required to pay taxes?(Although I'm paying all the time) I've heard that if you hold some type of VISA, you don't to pay though.  Thanks!

Wrong.  You need to file 

YMMV

geowrian Grand Master

geowrian   22,337

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted

Yes, you owe taxes for any US work. If you end up filing as a resident alien (required for married filing jointly), then you must declare worldwide income for the entire year (and can potentially exclude it from taxes).

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

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

12/1/16: sent, 12/14/16: 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

 

C90 Rising Star

C90   376

Posted
Filed: AOS (apr) Country: Netherlands
 Timeline
Posted
2 minutes ago, Victorolas said:

Hi all,

 

Not sure if anybody know that do we need to pay Federal/State Taxes the first year we moved to the US? I entered into US with K1 VISA on May'18, and started to work from August with EAD, right now still wait for AOS, am I required to pay taxes?(Although I'm paying all the time) I've heard that if you hold some type of VISA, you don't to pay though.  Thanks!

You need to file your taxes. Also, the official deadline is in 4 days.

You pay your taxes through work btw

Vicolas Explorer

Vicolas   121

Posted
Filed: AOS (pnd) Timeline
  • Author
Posted
2 minutes ago, geowrian said:

Yes, you owe taxes for any US work. If you end up filing as a resident alien (required for married filing jointly), then you must declare worldwide income for the entire year (and can potentially exclude it from taxes).

I did file jointly with my husband... I worked in my country for like 2 months in 2018 and then quit my job/moved to the US later, do I need to declare that part of income too?...

I-485/765/131:

06/01/2018 - Sent AOS/EAD/AP through UPS, received NOA1 on 6/11. Received bio appointment on 6/15 and completed on scheduled date 6/29.

07/06/2018 - Submitted EAD expedite request with job offer, reason was financial loss. Received EAD/AP combo card on 08/04. AOS changed to 'Case is ready to be scheduled for an interview' on 7/24.

07/23/2019 - AOS interview was scheduled on 8/27. In the interview USCIS can't make decision because original K1 file got split up somewhere.

11/25/2019 - AOS got approved, received the actual card in mail on 12/2.

I-751:

09/05/2021 - Sent ROC through FedEx, delivered on 9/7, received message e-notification on 9/9 stated case was received, check is cashed on 9/10, NOA1 in mailbox on 9/13.

10/28/2021 - Fingerprints have been taken (Reuse).

01/17/2023 -  Case was transferred To Another Office

01/26/2023 - Case Was Approved

N-400:

08/28/2022 - Submitted N-400 online, NOA1 on 08/29/2022, with estimate time 10 months for decision. Biometrics is reused.

11/23/2022 - Interview was scheduled on 1/11/2023, it was a combo interview for I751/N400. Both cases were verbally approved. System hasn't been updated yet. 

01/26/2023 - Form N-400 recommended to be approved --> Oath Ceremony Will Be Scheduled

02/06/2023 -  Oath Ceremony Notice Was Mailed, Oath on 2/22

02/22/2023 - Oath Ceremony, applied passport the same day, with estimated receiving date in middle of May. ALL DONE!!

payxibka Grand Master

payxibka   10,045

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted
1 minute ago, C90 said:

 

You pay your taxes through work btw

What are you trying to say?  That you have income withholding through work?

  Final settlement doesn't come until the 1040 is filed which may or may not include an additional payment in settlement of your tax liability 

YMMV

Vicolas Explorer

Vicolas   121

Posted
Filed: AOS (pnd) Timeline
  • Author
Posted
3 minutes ago, C90 said:

You need to file your taxes. Also, the official deadline is in 4 days.

You pay your taxes through work btw

Thanks~ My company helped did that and we jointly filed the taxes, but just today I've heard that some VISA do not need to file taxes at all, so start to wonder if I don't need to file too...

I-485/765/131:

06/01/2018 - Sent AOS/EAD/AP through UPS, received NOA1 on 6/11. Received bio appointment on 6/15 and completed on scheduled date 6/29.

07/06/2018 - Submitted EAD expedite request with job offer, reason was financial loss. Received EAD/AP combo card on 08/04. AOS changed to 'Case is ready to be scheduled for an interview' on 7/24.

07/23/2019 - AOS interview was scheduled on 8/27. In the interview USCIS can't make decision because original K1 file got split up somewhere.

11/25/2019 - AOS got approved, received the actual card in mail on 12/2.

I-751:

09/05/2021 - Sent ROC through FedEx, delivered on 9/7, received message e-notification on 9/9 stated case was received, check is cashed on 9/10, NOA1 in mailbox on 9/13.

10/28/2021 - Fingerprints have been taken (Reuse).

01/17/2023 -  Case was transferred To Another Office

01/26/2023 - Case Was Approved

N-400:

08/28/2022 - Submitted N-400 online, NOA1 on 08/29/2022, with estimate time 10 months for decision. Biometrics is reused.

11/23/2022 - Interview was scheduled on 1/11/2023, it was a combo interview for I751/N400. Both cases were verbally approved. System hasn't been updated yet. 

01/26/2023 - Form N-400 recommended to be approved --> Oath Ceremony Will Be Scheduled

02/06/2023 -  Oath Ceremony Notice Was Mailed, Oath on 2/22

02/22/2023 - Oath Ceremony, applied passport the same day, with estimated receiving date in middle of May. ALL DONE!!

payxibka Grand Master

payxibka   10,045

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted (edited)
4 minutes ago, Victorolas said:

I did file jointly with my husband... I worked in my country for like 2 months in 2018 and then quit my job/moved to the US later, do I need to declare that part of income too?...

Declare,  yes.  Married joint requires declaration of worldwide income.   Does the declaration cause additional tax liability?  Maybe,  maybe not.

2 minutes ago, Victorolas said:

Thanks~ My company helped did that and we jointly filed the taxes, but just today I've heard that some VISA do not need to file taxes at all, so start to wonder if I don't need to file too...

Married joint is the key not Visa entry status

Edited by payxibka

YMMV

C90 Rising Star

C90   376

Posted
Filed: AOS (apr) Country: Netherlands
 Timeline
Posted
4 minutes ago, payxibka said:

What are you trying to say?  That you have income withholding through work?

  Final settlement doesn't come until the 1040 is filed which may or may not include an additional payment in settlement of your tax liability 

I'm trying to say that filing and paying are 2 separate things.

A part of your income is withheld on your salary for taxes. That's the 'paying' part I'm talking about. 

At the beginning of the new year you file your taxes for the year before, and based on that you'll have to pay, get money back or nothing at all.

Vicolas Explorer

Vicolas   121

Posted
Filed: AOS (pnd) Timeline
  • Author
Posted
7 minutes ago, payxibka said:

Declare,  yes.  Married joint requires declaration of worldwide income.   Does the declaration cause additional tax liability?  Maybe,  maybe not.

Married joint is the key not Visa entry status

Ops, so that means I'll need to submit a change request... either declare my previous income, or file separately instead of jointly, thanks for sharing that!

I-485/765/131:

06/01/2018 - Sent AOS/EAD/AP through UPS, received NOA1 on 6/11. Received bio appointment on 6/15 and completed on scheduled date 6/29.

07/06/2018 - Submitted EAD expedite request with job offer, reason was financial loss. Received EAD/AP combo card on 08/04. AOS changed to 'Case is ready to be scheduled for an interview' on 7/24.

07/23/2019 - AOS interview was scheduled on 8/27. In the interview USCIS can't make decision because original K1 file got split up somewhere.

11/25/2019 - AOS got approved, received the actual card in mail on 12/2.

I-751:

09/05/2021 - Sent ROC through FedEx, delivered on 9/7, received message e-notification on 9/9 stated case was received, check is cashed on 9/10, NOA1 in mailbox on 9/13.

10/28/2021 - Fingerprints have been taken (Reuse).

01/17/2023 -  Case was transferred To Another Office

01/26/2023 - Case Was Approved

N-400:

08/28/2022 - Submitted N-400 online, NOA1 on 08/29/2022, with estimate time 10 months for decision. Biometrics is reused.

11/23/2022 - Interview was scheduled on 1/11/2023, it was a combo interview for I751/N400. Both cases were verbally approved. System hasn't been updated yet. 

01/26/2023 - Form N-400 recommended to be approved --> Oath Ceremony Will Be Scheduled

02/06/2023 -  Oath Ceremony Notice Was Mailed, Oath on 2/22

02/22/2023 - Oath Ceremony, applied passport the same day, with estimated receiving date in middle of May. ALL DONE!!

payxibka Grand Master

payxibka   10,045

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted
Just now, Victorolas said:

Ops, so that means I'll need to submit a change request... either declare my previous income, or file separately instead of jointly, thanks for sharing that!

I would see if you previous income creates an additional tax liability,  if it does,  then an amendment would be required to correct.   Changing your status to filing separate most likely will increase your combined tax liability but you need to evaluate and choose the method that is best for your family 

YMMV

Boiler Grand Master

Boiler   45,670

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

I assume OP is thinking of the J?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Loren Y Proficient

Loren Y   2,755

Posted
Filed: Citizen (apr) Country: Thailand
 Timeline
Posted

I'll simplify this . There are two guarantees in life when you live in the US.... Death and taxes. It really is that simple.

Here on a K1? Need married and a Certificate in hand within a few hours? I'm here to help. Come to Vegas and I'll marry you Vegas style!!   Visa Journey members are always FREE for my services. I know the costs involved in this whole game of immigration, and if I can save you some money I will!

 

 

 

JoJoJoJo Community Regular

JoJoJoJo   170

Posted
Timeline
Posted
3 hours ago, Victorolas said:

Ops, so that means I'll need to submit a change request... either declare my previous income, or file separately instead of jointly, thanks for sharing that!

Last time I checked, you cannot file 1040X to change filing status from Married Filing Jointly to Married Filing Separately.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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