Filing joint taxes without having worked?

[thejoz 0]

I hope this is in a suitable section of the site; feel free to move it, if not.

So my husband and I want to file jointly, and he'd like to get on with filing tonight, if possible. A quick question though: I have my EAD, but have not yet held any employment in the US. If we file now and I get a job between when we file and April 15th, does that have any affect on that tax return? Or will I just have to include that on next year's return? And has anyone ever been audited and had problems with immigration because of it? (We don't expect an audit any more than anyone else, but in case that were to happen.)

I've never had to file a tax return before - good old PAYE system working all that out for me in the UK Any help appreciated.

[YuAndDan 153]

Yes you file a joint return, this is a benefit of marriage.

My mother has not worked in MANY years but she files a joint return with my father every year.

[thejoz 0]

One of the other questions we had was what do we actually file her as...

She's not an LPR, yet, but she's not an illegal alien either.

She's a resident...but not...an LPR.

I myself have worked two jobs in 2008, and made very little money as it was...probably a grand total of less than $3000 and I am being very generous there.

I had just assumed we were filing Married Filing Jointly, but my wife doesn't want to somehow jeopardize her immigration status/process...if that's even possible.

[Flames9_RN 358]

I have been here since 2004 and never worked and always filed joint. Filing jointly uses gives you the best return!!

[YuAndDan 153]

One of the other questions we had was what do we actually file her as...

She's not an LPR, yet, but she's not an illegal alien either.

She's a resident...but not...an LPR.

I myself have worked two jobs in 2008, and made very little money as it was...probably a grand total of less than $3000 and I am being very generous there.

I had just assumed we were filing Married Filing Jointly, but my wife doesn't want to somehow jeopardize her immigration status/process...if that's even possible.

Fileing a joint tax return will have no affect on AOS, many persons file a joint return even when their spouse is still outside the USA waiting for a spousal visa.

She is a K-1 visa holder or AOS Pending.

[tom&tata 2]

If your foreign spose has SSN just file married jointly like normal return. If your POE date was May 12 08, I think your spouse meet the substantial presence test - somebody please correct me if I am wrong.

http://www.irs.gov/publications/p519/ch01.html#d0e472

It should not have impact on the immigration status - in fact joint filing is good for removing condition stage.

[thejoz 0]

I have been here since 2004 and never worked and always filed joint. Filing jointly uses gives you the best return!!

Yes, but that's not what we need to know. We already know that filing jointly is better for us.

What we want to know, for example, is what did you file as before you got a green card? You weren't an LPR, but clearly you have been a part of tax returns before, so...how did you do it? What, if any, harassment did you get from the IRS?

EDIT:

The Substantial Presence Test doesn't work for us;

In 2005 she was here a whopping like 4 days.

In 2006, she was here for like 6-7 days.

In 2007, she was here 82 days.

In 2008, she's been here since May 12, so...I don't know how many days that is, but it's over 6 months at this point.

Based on their test, I don't believe we qualify for that.

Edited January 28, 2009 by thejoz

[YuAndDan 153]

I have been here since 2004 and never worked and always filed joint. Filing jointly uses gives you the best return!!

Yes, but that's not what we need to know. We already know that filing jointly is better for us.

What we want to know, for example, is what did you file as before you got a green card? You weren't an LPR, but clearly you have been a part of tax returns before, so...how did you do it? What, if any, harassment did you get from the IRS?

EDIT:

The Substantial Presence Test doesn't work for us;

In 2005 she was here a whopping like 4 days.

In 2006, she was here for like 6-7 days.

In 2007, she was here 82 days.

In 2008, she's been here since May 12, so...I don't know how many days that is, but it's over 6 months at this point.

Based on their test, I don't believe we qualify for that.

The IRS will not give you any problem, you wife has been living in the USA since last may, she qualifies to file a Joint return for 2008. No ifs, ands, or buts.

[tom&tata 2]

I have been here since 2004 and never worked and always filed joint. Filing jointly uses gives you the best return!!

Yes, but that's not what we need to know. We already know that filing jointly is better for us.

What we want to know, for example, is what did you file as before you got a green card? You weren't an LPR, but clearly you have been a part of tax returns before, so...how did you do it? What, if any, harassment did you get from the IRS?

EDIT:

The Substantial Presence Test doesn't work for us;

In 2005 she was here a whopping like 4 days.

In 2006, she was here for like 6-7 days.

In 2007, she was here 82 days.

In 2008, she's been here since May 12, so...I don't know how many days that is, but it's over 6 months at this point.

Based on their test, I don't believe we qualify for that.

Your foreign spouse met the 183 days test for the last 3 years by using her 2008 days only, dont you think? Was it not more than 183 days between May 12 to Dec 31st?

[thejoz 0]

Oh I thought it had to be spread out over the past 3 years, that was the way I read it...if you read directly from the IRS;

Substantial Presence Test

You will be considered a U.S. resident for tax purposes if you meet the substantial presence test for calendar year 2007. To meet this test, you must be physically present in the United States on at least:

1.

31 days during 2007, and

2.

183 days during the 3-year period that includes 2007, 2006, and 2005, counting:

1.

All the days you were present in 2007, and

2.

⅓ of the days you were present in 2006, and

3.

⅙ of the days you were present in 2005.

I know this was for the 2007/2008 year, but yeah. We don't seem to meet the "and" and "at least" qualities of it...

[tom&tata 2]

Oh I thought it had to be spread out over the past 3 years, that was the way I read it...if you read directly from the IRS;

Substantial Presence Test

You will be considered a U.S. resident for tax purposes if you meet the substantial presence test for calendar year 2007. To meet this test, you must be physically present in the United States on at least:

1.

31 days during 2007, and

2.

183 days during the 3-year period that includes 2007, 2006, and 2005, counting:

1.

All the days you were present in 2007, and

2.

⅓ of the days you were present in 2006, and

3.

⅙ of the days you were present in 2005.

I know this was for the 2007/2008 year, but yeah. We don't seem to meet the "and" and "at least" qualities of it...

If we change to 2008 we will have

1. 31 days during 2008 - YES

2. 183 days during the 3 period that includes 2008, 2007, and 2005 counting

- all the days in 2008 : 233

- 1/3 days in 2007 : 29

- 1/6 days in 2006 : 1

so, your total days are 263 - which makes your foreign spouse a resident for tax purposes.

[rin and john 71]

Additionally, she could be elect to be treated as a resident for tax purposes (even if she had zero days of presence). Does she have a SSN? If so, you will get the Recovery Tax Rebate for her ($600) since your filing status has changed.

If she doesn't have a SSN, then either get one before filing or remember to file an amended return after she gets her SSN.

Edited January 28, 2009 by rin and john

[thejoz 0]

Additionally, she could be elect to be treated as a resident for tax purposes (even if she had zero days of presence). Does she have a SSN? If so, you will get the Recovery Tax Rebate for her ($600) since your filing status has changed.

If she doesn't have a SSN, then either get one before filing or remember to file an amended return after she gets her SSN.

Well I do have a SSN! So that's pretty sweet.

Sorry about all the changes of tense in this thread - this is the wife, the alien spouse talking right now. And at other times, it's been my husband. Now that we're together, we both just use this account to post on and sometimes alternate who replies. Sorry for any confusion!

[Old Dominion 26]

File jointly and don't even think about your status - you are a resident. We were married in Oct. 07 and filed jointly in late January 08 without hassle.

[Nich-Nick 3,354]

Here's two recent tax threads about marriage in 2008 to an alien spouse. There's alot of discussion and information. You don't just file joint unless the wife has the green card or meets certain requirements. You have to include a statement with certain information and signatures to declare her as a resident alien for tax purposes (even if she is actually a non resident alien at this time.) Worldwide income (hers in the UK) has to be claimed, but then excluded with Form 2555. It will be to your advantage, but it's not a simple file jointly this first year. And if you have to include the statement, you can't e-file.

http://www.visajourney.com/forums/index.php?showtopic=170514

http://www.visajourney.com/forums/index.php?showtopic=174625

Edited January 28, 2009 by Nich-Nick