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KittyKyalesca

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  1. The way I read the IRS instructions, in my husband's case as a K1 in AoS limbo who doesn't meet the residency tests (green card/substantial presence test), if we choose to file Married Jointly then we must submit a letter stating that we are electing to have him treated as a resident alien. At that point we follow the rules of reporting for a resident alien. "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 dual-status alien and were married to a U.S citizen or a resident alien at the end of 2021, you can elect to be treated as a resident alien and file a joint return. See Pub. 519 for details." Pub 519 pg 9 "Nonresident Spouse Treated as a Resident" "If, at the end of your tax year, you are married and one spouse is a U.S. citizen or a resident alien and the other spouse is a nonresident alien, you can choose to treat the nonresident spouse as a U.S. resident. This includes situations in which one spouse is a nonresident alien at the beginning of the tax year, but a resident alien at the end of the year, and the other spouse is a nonresident alien at the end of the year. If you make this choice, you and your spouse are treated for income tax purposes as residents for your entire tax year. Neither you nor your spouse can claim under any tax treaty not to be a U.S. resident. You are both taxed on worldwide income. You must file a joint income tax return for the year you make the choice, but you and your spouse can file joint or separate returns in later years." So if I'm reading this right, my husband would be treated as a resident alien and either the second or the third bullet would apply? It does not specify that it has to be 2021 tax year just a tax year/any period of 12 consecutive months. This is where my confidence drops. At the same time, my husband didn't make more than $30k last year in France so it shouldn't be that bad for us per what Wuozopo stated.
  2. Thank you both so very much for the responses! I feel much better about having a place to start now.
  3. I am having a terrible time understanding what needs to be done with taxes for myself and my husband. My husband came on a K1 from France and married in August 2021. From reading this forum and the IRS instructions it seems he would be considered a non resident alien for the 2021 tax year. At the same time it seems like there would be benefit for us to final Married - Filing Jointly regardless of this. Before now I've always had extremely simple taxes which only needed the very basic of tax programs to file with... I'm extremely intimidated about filing taxes for 2021. If anyone has general advice or the ability to answer the following questions it would be greatly appreciated. Information that might be useful to answer questions: - Husband arrived in the USA Aug 2021. We married that same month (Aug 2021). - He was employed in France until the end of July 2021, his last paycheck was received before he landed on US soil - He has two bank accounts, one of which is a savings account that earns very little interest and the other seems to be what we might consider a checking account (its attached to his debit card). Neither account has much money in it and we have transferred some of the money to our joint checking account here in the USA. - We reside in Wisconsin - I have only one source of income which is my job. We did receive gift money from family for our marriage as well as for Christmas. - He got his SSN shortly after arriving - He is not working and has not worked since arriving, we have not received his work permit yet Specific Questions: In our case is it better to file jointly instead of separately? If so, is it possible to prepare the taxes using a program? (I understand we must file by mail to add a letter that opts us into filing jointly) If yes, what tax program would be best for our case? Do we need some sort of documents from his French bank accounts as well as his previous employer? They don't really get W2s and their taxes are filed at a different time and in a different way... Is the interest on his savings account considered income? I am having trouble determining what needs to be done for state taxes, I have read some information available but it is not as detailed for non resident aliens as federal taxes with the IRS. If we file jointly for state do we report his foreign income at all since it wasn't earned in the state? Is there a template or standard wording for the letter we need to attach to our return to state we opt into filing jointly while he's still considered a non resident alien without income after he was on US soil? Taxes have always been a source of anxiety for me, I have trouble understanding the document instructions and what is needed. Is there any other general advice? Should we just use a licensed tax preparer for this year?
  4. I have a question about the supporting documentation for the I-134. The information online is a bit confusing as it seems to combine the supporting documentation requirements of the I-184 for the AoS stage with the I-134 at the Embassy Interview stage for K1. More specifically is it needed to provide past pay stubs as supporting documentation for the I-134? The instructions on the I-134 do not ask for pay stubs and tax transcripts are only required if you are self employed. Many of the advice on forums talk about needing these for the I-134 and a lot of the forum responses here I've seen also specify it should be provided. Instructions specify: Submit in duplicate evidence of income and resources, as appropriate: A. Statement from an officer of the bank or other financial institutions with deposits, identifying the following details regarding the account: (1) Date account opened; (2) Total amount deposited for the past year; and (3) Present balance. B. Statement(s) from your employer on business stationery showing: (1) Date and nature of employment; (2) Salary paid; and (3) Whether the position is temporary or permanent. C. If self-employed: (1) Copy of last income tax return filed; or (2) Report of commercial rating concern. D. List containing serial numbers and denominations of bonds and name of record owner(s) I'm a bit in a fix with that though because since March I needed to go on FMLA (Family Medical Leave Act which is unpaid time off) full time for 2 and a half weeks and since I've been on intermittent FMLA (working part time). The employer provided short term disability approvals have been slow so my pay for the past 2 months is messed up and does not reflect my actual salary/income. Also, in this time frame my promotion took effect which changed my pay from hourly non-exempt to salary with a decent raise, but this also has delayed payroll in regards to the short term disability payments as the payout is different (hourly only gets a percentage while salary gets full compensation). I have one pay stub that says I made $0, another that has about 1/2 the pay I make in a month and since my short term disability got approved after the standard payroll cut off for the next pay period I'm not sure if it will be paid out on my next check either... If pay stubs are not actually required with form I-134 wouldn't it be best for me to not include them at my current stage since they do not reflect my income and only raise questions regarding my ability to sponsor? Is it still recommended? Please let me know what you recommend. FYI: I am the USC petitioner Fiancé interview is through Paris I meet the income requirement to be a sole sponsor of my fiancé but not enough where 1 check in 2 months shows that I am above the income requirement.
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