AOS pending tax return jointly

[chs_ 28]

Hi,

 

I came to the US in May 2019 with K-1 visa, and got married in Jun 2019. We sent my AOS documents in Aug 2019.

I got my EAD and SSN in Dec 2019.

My AOS is still pending now. 
 

Our CPA said we can do tax return jointly but he isn’t sure I am okay with immigrant law if I do tax return with my husband(jointly) because my AOS is still pending. 
(We know I am a residence in tax law.)

 

so my question is,

is there nothing problem to get my green card if I do tax return jointly? 
 

Thank you for your helping! 

[K1visaHopeful 2,661]

How you file taxes does not affect the GC process unless you provide a tax return showing your petitioner filed as single (as your tax return is proof of your marriage/"commingling of finances" and you may be questioned why you did not file as married"). You dont have to be a GC Holder to file as married filing jointly. In fact, you don't even have to be in the US.

Get a new CPA versed in immigrant taxes. They are not.

[cd37 229]

16 minutes ago, K1visaHopeful said:

How you file taxes does not affect the GC process unless you provide a tax return showing your petitioner filed as single (as your tax return is proof of your marriage/"commingling of finances" and you may be questioned why you did not file as married"). You dont have to be a GC Holder to file as married filing jointly. In fact, you don't even have to be in the US.

Get a new CPA versed in immigrant taxes. They are not.

This 👆is true, get a new CPA or file by yourself as married jointly on turbotax or other software.

[chs_ 28]

1 minute ago, cd37 said:

This 👆is true, get a new CPA or file by yourself as married jointly on turbotax or other software.

Oh I forgot to write one thing...

 

I had income for one and half months before I came to the US.

I couldn’t get W-2 from overseas. 
Our CPA said we can still do tax return jointly if I pay income tax for my overseas income. 
 

Even if I pay income tax for my overseas income, doing tax return jointly is better than separately. (yes we can get more money through the tax return jointly.)

 

 

 

[kris&me 572]

20 minutes ago, chs_ said:

Oh I forgot to write one thing...

 

I had income for one and half months before I came to the US.

I couldn’t get W-2 from overseas. 
Our CPA said we can still do tax return jointly if I pay income tax for my overseas income. 
 

Even if I pay income tax for my overseas income, doing tax return jointly is better than separately. (yes we can get more money through the tax return jointly.)

 

 

 

you file form 2555 for income less than $105,000 earned outsdide the US 

and do fire that CPA as you are married and have you SS # 

[jkstark 97]

I may be off the mark here completely, but my impression would be that if you had income outside of the US *prior* to your immigrating to the US, and prior to you being considered an immigrant, then you are not liable for US taxes on that income.

 

Ie. you are liable for taxes on all income once you are considered an immigrant or citizen of the US - but until you have arrived in the US as an immigrant, you cannot be held liable for taxes on income at that time.  Once you are a resident or citizen, you are liable for US taxes on worldwide income.

 

Again - don't take this as official legal advise, but my understanding is that the law is set up that way...

[payxibka 10,044]

19 minutes ago, jkstark said:

I may be off the mark here completely, but my impression would be that if you had income outside of the US *prior* to your immigrating to the US, and prior to you being considered an immigrant, then you are not liable for US taxes on that income.

 

Ie. you are liable for taxes on all income once you are considered an immigrant or citizen of the US - but until you have arrived in the US as an immigrant, you cannot be held liable for taxes on income at that time.  Once you are a resident or citizen, you are liable for US taxes on worldwide income.

 

Again - don't take this as official legal advise, but my understanding is that the law is set up that way...

But they want to file jointly.. better double check your sources 

[JFH 12,189]

*~*~*moved to “tax and finance”*~*~*

[K1visaHopeful 2,661]

50 minutes ago, jkstark said:

I may be off the mark here completely, but my impression would be that if you had income outside of the US *prior* to your immigrating to the US, and prior to you being considered an immigrant, then you are not liable for US taxes on that income.

A resident alien for immigration purposes is not the same thing as a resident alien for tax purposes.

In order to file as MFJ, if you do not meet the two residency tests, you can claim resident alien status for tax purposes (whether you live in the US or not) using the first year choice rule BUT you must report all world wide income on a Form 2555 (you do not need earnings statements from the foreign countries to report). If it's below $105,900 USD equivalent (for 2019), you wont be taxed on it.

50 minutes ago, jkstark said:

 

Ie. you are liable for taxes on all income once you are considered an immigrant or citizen of the US - but until you have arrived in the US as an immigrant, you cannot be held liable for taxes on income at that time.  Once you are a resident or citizen, you are liable for US taxes on worldwide income.

 

Again - don't take this as official legal advise, but my understanding is that the law is set up that way...

Not true.

[K1visaHopeful 2,661]

1 hour ago, chs_ said:

Oh I forgot to write one thing...

 

I had income for one and half months before I came to the US.

I couldn’t get W-2 from overseas. 
Our CPA said we can still do tax return jointly if I pay income tax for my overseas income. 
 

False. See my comment above this. 

As long as you didn't earn over $105,900 it wont be taxed in the US. You dont need proof of your overseas income.

(Really, seriously, fire that guy).

1 hour ago, chs_ said:

Even if I pay income tax for my overseas income, doing tax return jointly is better than separately. (yes we can get more money through the tax return jointly.)

 

 

 

 

[Naes 12,205]

Change the CPA.

 

File jointly - not e-file because you will be adding a document saying you chose to be treated as a "resident for tax purposes". you only need to do this part this year, then you can file normal.

 

Put your income then use foreign income exclusion.

 

To be honest this is it. For the income just use the amount written on your Japan tax  return (or if you don't have or did not get it when leaving japan, just put the total of your paychecks when you were there) and check the yearly average to be used for exchange rates for this purposes on IRS website.

 

It is rather east but that CPA has no clue what he's doing in this case.

[carmel34 3,529]

If you came to the US in May 2019, you won't qualify for 2555 foreign income exclusion since you were in the US for more than six months last year.  You're a resident of the US for tax purposes.  Just add your foreign income estimated in US dollars to your spouse's income from their W2.  Find a new accountant or do it yourself.  Good luck!

[Ksenia_O 695]

7 hours ago, Naes said:

Change the CPA.

 

File jointly - not e-file because you will be adding a document saying you chose to be treated as a "resident for tax purposes". you only need to do this part this year, then you can file normal.

 

Put your income then use foreign income exclusion.

 

To be honest this is it. For the income just use the amount written on your Japan tax  return (or if you don't have or did not get it when leaving japan, just put the total of your paychecks when you were there) and check the yearly average to be used for exchange rates for this purposes on IRS website.

 

It is rather east but that CPA has no clue what he's doing in this case.

Now you can e-file a Return with the Federal Election to File Joint Return with Nonresident Alien Spouse. 

 

I believe IRS updated this in 2018 . So now, there is another box  under Filing Status -  MFJ: Elect to file joint return with nonresident alien spouse. And  once you check that, the Federal election Form "Election to file Joint Return with nonresident Alien Spouse" fills out automatically. 

 

 

 

Edited February 28, 2020 by Ksenia_O

[Sarge2155 4,570]

19 hours ago, chs_ said:

Hi,

 

I came to the US in May 2019 with K-1 visa, and got married in Jun 2019. We sent my AOS documents in Aug 2019.

I got my EAD and SSN in Dec 2019.

My AOS is still pending now. 
 

Our CPA said we can do tax return jointly but he isn’t sure I am okay with immigrant law if I do tax return with my husband(jointly) because my AOS is still pending. 
(We know I am a residence in tax law.)

 

so my question is,

is there nothing problem to get my green card if I do tax return jointly? 
 

Thank you for your helping! 

Fire your CPA!

[Naes 12,205]

2 hours ago, Ksenia_O said:

Now you can e-file a Return with the Federal Election to File Joint Return with Nonresident Alien Spouse. 

 

I believe IRS updated this in 2018 . So now, there is another box  under Filing Status -  MFJ: Elect to file joint return with nonresident alien spouse. And  once you check that, the Federal election Form "Election to file Joint Return with nonresident Alien Spouse" fills out automatically. 

 

 

 

That is different than applying to be count as “resident for tax purposes”

non-resident and resident for tax purposes is very different overall