Doing Taxes: K1 and married, but no AOS yet - what is my status in the US?

[snapcracklepop 0]

Hi there,

My husband is about to file our taxes (we intend to file: married, filing jointly). We're not sure about a couple of things tho,

I entered the US on a K-1 visa in November '08

We got married in December '08

I'm about to send in my AOS/AP/EAD in '09

What is my status in the states, am I a resident alien or a non-resident alien?

My second question is, do I declare my income from Canada? I'm (obviously) not allowed to work in the states so I have earned $0 since entering the US.

We're not sure what to do here, perhaps a fellow former-Canadian can help? I'd be curious to know what other K-1 visa holders are doing.

Thank you!

[Danu 19]

Hi there,

My husband is about to file our taxes (we intend to file: married, filing jointly). We're not sure about a couple of things tho,

I entered the US on a K-1 visa in November '08

We got married in December '08

I'm about to send in my AOS/AP/EAD in '09

What is my status in the states, am I a resident alien or a non-resident alien?

My second question is, do I declare my income from Canada? I'm (obviously) not allowed to work in the states so I have earned $0 since entering the US.

We're not sure what to do here, perhaps a fellow former-Canadian can help? I'd be curious to know what other K-1 visa holders are doing.

Thank you!

As far as I've read on the Canadian Income side, you file with Canada up till the time you left as all your worldly income was from here, and then submit that info to the IRS to show that it has already been filed upon.

Can't help you on the status part, but theres a couple posts here about how to do the filing for the Canadian portion that you might want to skim through

[JillA 2]

I am reading thru this old link now, it might help you too:

http://www.visajourney.com/forums/index.php?showtopic=109

[TheATeam 0]

Such a pain in the butt the taxes! I don't have my SSN yet, can someone clarify for me. I'm going to be able to get my SSN after I get my EAD right? My husband will get a bigger refund if we file his taxes married and joint than otherwise but we either need my SSN or my ITIN and it looks like it will probably take the same amount of time for both.