EnglishLove
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Posts posted by EnglishLove
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1 minute ago, JennyR said:
Sounds like we are very much on the same time line my husband moved here in Aug 2019, Thanks to Wuozopo and his wife we just about managed to get ours sorted. Make sure his income is on a 1040 other income or 1040 FEC (Foreign Earned Income) then make sure you fill out the for 2555 it should then work it out for you. My understanding is TurboTax is better than Tax Act that we used
So he never received anything. He has to look it up online at gov.uk. What should I be selecting here?
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1 hour ago, Wuozopo said:
It wants to know if he was a bonafide resident of the foreign country where he earned the foreign income. Was he a bonafide resident of the United Kingdom? Was he allowed to Legally work in the United Kingdom. Of course he was.
He was probably a bonafide resident and physically present in the UK since the date of his birth. Vacations don’t count.
Okay, I'm not sure I'm doing this right. It said he qualified for it but my tax return when to basically nothing now. 🙄
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11 minutes ago, Wuozopo said:
Can you find the area they call “Less Common Income”? Foreign income is in that section.
if you are filing jointly, your husband has to be a resident for tax purposes. There is a statement to elect for him to be treated as a resident for the entire year. So you have to say your husband is a resident of the US and your state or TurboTax will not move on. This has nothing to do with USCIS. It is that the IRS allows him to follow resident rules on his tax return because he married a USC.
If you are talking about something else, then describe better.
Also.. In the question, it asks how he qualifies for the exclusion.. Bona Fide Resident Test or Physical Presence. It would select Bona Fide since he didn't arrive until end of August?
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Just now, Wuozopo said:
Can you find the area they call “Less Common Income”? Foreign income is in that section.
if you are filing jointly, your husband has to be a resident for tax purposes. There is a statement to elect for him to be treated as a resident for the entire year. So you have to say your husband is a resident of the US and your state or TurboTax will not move on. This has nothing to do with USCIS. It is that the IRS allows him to follow resident rules on his tax return because he married a USC.
Oh okay, so I just say that he's a resident and then attach a letter stating I wish for him to be treated as a resident? I selected was not a resident (since we have not received his green card) and it wouldn't let me go any further.
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On 1/29/2020 at 8:29 AM, Wuozopo said:
Coming back to this thread
All the income earned worldwide has to appear on Form 1040 Line 1.
That means the USCs income + the foreign earned income.
If it’s not there, then any potential refund you think you are getting is false hope. The entire return is not accurate until Line 1 is accurate.
How to get the tax program to put it there depends on how each brand wrote their software.
TurboTax has it at the end of asking about W2 income, and all the rest of income sources. They have a section called “Less Common Income” and that’s where they ask about any foreign income. You say yes and it pops it into Line 1.If I remember H&R software, they want you to create a pseudo W2 for the foreign income. It’s nothing but a fake W2 for their programming to know to put it in Line 1. Anything on a W2 tells their software to add that amount to Line 1, even if it’s not a real W2. It gets the right number on Line 1.
If you were doing it old school by hand with a blank form 1040, a pencil, and the instructions, you would just add his and hers together with a calculator and write it on Line 1.
You have to report the foreign income first on Line 1 before you can subtract it on Line 7a.
I'm trying this on Turbo Tax but it will not allow me to report my husbands income he made in England because he was not a resident.
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3 minutes ago, Lebanese23 said:
when i filed last year, i asked my accountant about his past income and he said you dont need unless he was making alot of money, which he wasn't (barely making anything) so he said not to worry about it. we filed jointly.
my concern is this year, now that he's working i have no clue if i should file jointly or separately, everyone keeps saying try both to see which one works best for me. super confusing. I wish this tax filing is more simpler. so I am thinking to MFJ again this year
That's what I was thinking, he barely made anything so I should be good. I usually contact an accountant and ask what's the best way (either jointly or separately) but I know you can go back on Turbo tax and put in both ways to see which would be better.
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8 hours ago, Scandi said:
Me (immigrant) and my now husband (USC) filed married jointly in 2017 (tax year 2016) even if I only moved here in October 2016 on a K-1 (married in November that same year) and obviously didn't have a greencard (or EAD for that matter) in time for taxes. I had a SSN.
Did you have to report your income that you made in that year before coming over? When I search about FEIE, it just saying it applies to either a US citizen or a resident. As our AOS has not gone through yet, he's not considered a resident which is why I'm a little confused if I need to even report anything... it barely made anything since he was only working part time.
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On 1/14/2020 at 12:42 AM, Moracy90 said:
My husband came on a K1 visa in August 2019 and we got married the same month. He has received his green card as of Jan 2020. We are filing our taxes jointly, he has been unemployed since his arrival to the US. My question is this, when filing 2019 taxes, do I need to report that he worked part of 2019 in his home country of Nigeria and had a bank account there etc? I tried adding that we had foreign accounts while filing using turbotax but the questions it starts asking seem to be for me..not my husband so I answer no lol then I'm told I don't need to report any foreign income.
My husband came here on K1 in August 2019 but we married in October. He has not received his Green card yet but does have a SSN. I know I'm going to file married jointly but he has not worked yet and didn't make very much money at all while he still lived in England. So I'm wondering if I need to claim the little bit that he made and want to use Turbotax. I asked a tax accountant but he was unsure since it's been so long since he's dealt with immigration.
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1 hour ago, K1visaHopeful said:
Did the foreigner earn more than $105,900 USD in 2019?
No, file MFJ.
Can only paper file.
Submit a letter with your paper filed taxes electing both of you to be considered Resident Aliens for the entire tax year.
Report the foreign income on Form 2555. Earnings will be excluded from US taxation because less than above amount.
Okay, he barely made anything as it was mostly a part time job that was hourly.
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1 minute ago, skjourney said:
Hi again Pooley ! i remember you from the K1 forum, glad to see everything got sorted with the medical history stuff in the end and congrats on your marriage !
As for taxes, we`re probably going to file jointly, did your husband recieve a P45 from his last employment ? thats a good way to know how much income he recieved and how much tax he paid, and makes it easier to fill in his side of the taxes.
No he didn't since he moved here in August but I'll have him look into that. Thank you!
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5 minutes ago, missileman said:
No, you do not qualify......It's DURING the last 6 months...not FOR the last 6 months......
Oh okay, thank you. So I should be claiming Married but should it be jointly or separately? Can/does my husband file?
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1 minute ago, missileman said:
To file head of house, you and your spouse must have been apart for the last 6 months of 2019....You do not qualify.
To qualify for the Head of Household filing status while married, you must:
- File your taxes separately from your spouse
- Pay more than half of the household expenses
- Not have lived with your spouse for the last 6 months of the year
- Provide the principle home of a qualifying dependent
- Claim an exemption for your dependent
If you meet all of these requirements, you may file as Head of Household while married.
We didn't live together for 6 months of the year so I should qualify but I'm confused about the first one where the spouse file separately since he's not a citizen yet and has had no income because he's not allowed to work yet.
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My fiance moved over from England on the K-1 on August 27th, 2019 and we married October 5, 2019. He has a social security number but we are still waiting for our AOS to go through as we received and RFE. I'm wondering how to file taxes this year as either Head of Household or Married because to file as Head of Household, you and your spouse must file separately and not lived together for more than 6 months of the year. However, he's not even technically a permanent resident yet and not allowed to work, so can he even file taxes? I'm a little confused and my tax accountant wasn't entirely sure either.
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22 hours ago, Simon11221 said:
Are you sure?? I don’t want them to delay our case again.
I tried alot buy I couldn’t do it.
No, I got an RFE for only submitting the first page. They wanted the entire divorce decree with the judges signature.
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6 hours ago, CookieAsh said:
Burglary Non Dwelling - stole a traffic cone from a construction site I was 14 just for a joke but I got a reprimand for it. Wasn't laughing after!
Second one I was 14 again in 2008, Damage to property - Smashed windows at school, got the referral order for that.
Third juvenile was Theft 2009 I was 15 took an airhorn out of store. Was given a 6 month conditional discharge for that, all petty and stupid when I was kid, the conditional discharge was given and I joined the army stayed clean for obvious reasons with the job didn't think my youth would catch up on me, I got a caution for Battery while still in the military, I threatened the guy my ex wife had an affair with and I got a caution for that in 2015.
My hubby has a criminal record with one conviction as a juvenile and the rest all warnings and cautions. I really didn't think I was going to be approved and they did grill him at the interview but we were approved. I'm not in the process of waiting for the adjustment of status. Especially since they were just warnings, and being juvenile, I think you should be fine. Of course, it all does depend on the officer and how they feel but we didn't have a problem. Just make sure that if there is any court documents, you get them all. It was a pain for us because his juvenile case was over 10 years old so they had already destroyed everything. But we ended up getting his Memorandum of Conviction and attached the emails stating that is all they had and it worked for us.
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8 minutes ago, K1visaHopeful said:
A few days after i shipped the RFIE documents i received the RFIE response received. 31 days from RFIE issued to approval for EAD and AP.
Okay, I really hope mine goes through that fast! Thank you
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I received an RFE on my AOS and my response was received by the USCIS on 12/18/19. I recently found out that that will delay my husbands EAD which my timeline shows should have gone through my next month. I'm wondering for people who have gone through AOS with RFE's, how long did it take to hear back after USCIS received the responses to the RFE's?
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10 hours ago, K1visaHopeful said:
Yes. Until the RFIE has been rectified, all processing for all applications will pause.
Great... I also received an RFE on my I-485. I was hoping since the EAD and AP were somewhat separate, it wouldn't affect his EAD.
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Just now, Highmystic said:
Listed as "other income" on your taxes, which helps have enough money to show support of a household of 4.
Oh okay, I wasn't sure. Even on my income alone, I still make above the 125% poverty line so I'm not too worried about it. I just couldn't figure out if she counted as my household since I can't claim her on my taxes. Thank you!
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28 minutes ago, Highmystic said:
If the Ex claims one child on his taxes, then one would assume he is supplying child support to the OP, and as 4 is claimed, than the OP include any monies paid to Child support as income to offset the higher income needed?
I do get child support for both children since I have them the majority of the time, however, I didn't list any child support because I didn't see anywhere to list that.
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19 minutes ago, missileman said:
4 is correct.
That makes me feel better. Thank you!!
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I recently received an RFE on my AOS. When I first read it, I thought it said to correct my household size but after re-reading it, it says if I get a a sponsor to correct and adjust household size. I have two children (4 and 8 years old) whom live with me however, my ex husband claims my youngest on his taxes. I originally put I have a household size of 3 (Myself, my now husband who came over on a K-1, and my daughter I claim on my taxes). After responding to my RFE, I corrected it to household size of 4 to include my other daughter since I thought that is what they wanted. Now after re-reading it, I think I was correct the first time. Any help on this would be great. Hopefully if I'm wrong on the response, they'll just send another RFE and not just deny.
Also.. Do I need to be worried about anything expiring since they take so long to respond to RFE's?
Filing our first Tax's after K1
in Tax & Finances During US Immigration
Posted
We do know. He went to this website that shows what he made but he received no w-2 or statement from employer. However, when I enter in his income he made for 2019 and answer the questions until I get to the review part, it doubles that amount stating that's what he made for the year. I'm thinking I may just need to delete everything and start from scratch....