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Dependent Status for tax filing

By hmm1 in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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hmm1 Community Regular

hmm1   0

Posted
Filed: K-1 Visa Country: South Korea
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Posted

Just curious as how this will work. Fiance, which came on a K1, married me of course, but yet we have yet to actually file for AOS. She has the SS# card. Will I be able to claim her as a dependent on my taxes? Just curious here, I know I should be next year, as hopefully the AOS and all will be complete. Thanks for any help.

Feb. 16-Sent 129F to TSC.

Feb. 27-NOA1, received CSC.

Mar. 27-Found VJ, and became disappointed for not being able to use VSC.

Mar. 27-Applied for military expedite and got congressional help.

Mar. 28-touched.

Mar. 29-touched again.

Mar. 30-touched yet again.

Apr. 04-touched another time.

Apr. 05-touched some more.

May 15-touched once again.

May 15-NOA2. 78 days...WOW!!!

May 16-touched???(mail to NVC???).

May 18-Received Hard Copy NOA2.

May 21-NVC receives case!!!

May 23-NVC sends to Seoul!!!

Jun 04-Embassy receives case!!!

Jun 06-Receive Packet 3.

Jun 08-Receive Packet 4.

Jul 06-Interview.

Jul 06-APPROVED VISA

Aug 02-Arrived in US

Oct 29-Married

Soon, real soon for AOS, AP and EAD...just need time from the Army to do it with...

aW1hZ2UucGhwPzQ0Jk5PQTErcmVjZWl2ZWQuLi4mMDAwMDAwJjAwMDAwMCYxNSYxMiZjJjAmMjYmMiYyMDA3JjIwJjImNjU4ODk3MDAxMTc2OTc4Mzk1Lic=.gif

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mendeleev Proficient

mendeleev   68

Posted
Filed: K-3 Visa Country: Russia
 Timeline
Posted

It is my understanding that you have to file married -- question is whether to file jointly or separately. If you file jointly, then of course you claim her as a deduction. Now, if she worked in her home country earlier this year, and you file jointly, you need to have evidence that she earned less than some significant amount of money (it annualizes to something like $80,000) so that you can exclude her foreign income from your taxes this year.

You may want to study IRS form F2555-EZ and figure out your approach to it.

5-15-2002 Met, by chance, while I traveled on business

3-15-2005 I-129F
9-18-2005 Visa in hand
11-23-2005 She arrives in USA
1-18-2006 She returns to Russia, engaged but not married

11-10-2006 We got married!

2-12-2007 I-130 sent by Express mail to NSC
2-26-2007 I-129F sent by Express mail to Chicago lock box
6-25-2007 Both NOA2s in hand; notice date 6-15-2007
9-17-2007 K3 visa in hand
11-12-2007 POE Atlanta

8-14-2008 AOS packet sent
9-13-2008 biometrics
1-30-2009 AOS interview
2-12-2009 10-yr Green Card arrives in mail

2-11-2014 US Citizenship ceremony

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hmm1 Community Regular

hmm1   0

Posted
Filed: K-1 Visa Country: South Korea
 Timeline
  • Author
Posted
It is my understanding that you have to file married -- question is whether to file jointly or separately. If you file jointly, then of course you claim her as a deduction. Now, if she worked in her home country earlier this year, and you file jointly, you need to have evidence that she earned less than some significant amount of money (it annualizes to something like $80,000) so that you can exclude her foreign income from your taxes this year.

You may want to study IRS form F2555-EZ and figure out your approach to it.

Thanks, I feel that I should just go see a tax advisor, I just do not want to pay for it yet...

Feb. 16-Sent 129F to TSC.

Feb. 27-NOA1, received CSC.

Mar. 27-Found VJ, and became disappointed for not being able to use VSC.

Mar. 27-Applied for military expedite and got congressional help.

Mar. 28-touched.

Mar. 29-touched again.

Mar. 30-touched yet again.

Apr. 04-touched another time.

Apr. 05-touched some more.

May 15-touched once again.

May 15-NOA2. 78 days...WOW!!!

May 16-touched???(mail to NVC???).

May 18-Received Hard Copy NOA2.

May 21-NVC receives case!!!

May 23-NVC sends to Seoul!!!

Jun 04-Embassy receives case!!!

Jun 06-Receive Packet 3.

Jun 08-Receive Packet 4.

Jul 06-Interview.

Jul 06-APPROVED VISA

Aug 02-Arrived in US

Oct 29-Married

Soon, real soon for AOS, AP and EAD...just need time from the Army to do it with...

aW1hZ2UucGhwPzQ0Jk5PQTErcmVjZWl2ZWQuLi4mMDAwMDAwJjAwMDAwMCYxNSYxMiZjJjAmMjYmMiYyMDA3JjIwJjImNjU4ODk3MDAxMTc2OTc4Mzk1Lic=.gif

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