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hypocrisy Rookie

hypocrisy   0

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Filed: Country: Finland
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My wife and I were just married in March of this year and have some tax questions. We are getting ready to apply for her AOS and was wondering how I should adjust my w-4. Since she isnt legal do I still claim that I am married,and since she doesnt work, and will not work for some time should I claim her as an exemption?? Whats the best way to proceed with this. Greatly appreciate anyones help !!

Anh map Grand Master

Anh map   2,098

Posted
Filed: IR-1/CR-1 Visa Country: Vietnam
 Timeline
Posted

Use the IRS withholding calculator to plan your strategy. --> IRS withholding calculator

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FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

lechatnoir Enthusiast

lechatnoir   0

Posted
Filed: Lift. Cond. (apr) Country: Denmark
 Timeline
Posted

I'm also confused about this because the form W-4 states that if you are married to a non resident alien that you have to stay as single status... my lawyer thought it would be ok to change it since we're going to AOS...but I'm unsure what to do.

Adjust from VWP:

Marriage on day 64

06/29/09 - AOS package sent

07/01/09 - Package received via FedEx @ Chicago

07/08/09 - Received NOA

07/27/09 - Received Advanced Parole document dated 7/22

08/04/09 - Biometrics Appointment

08/12/09 - Received EAD Card

08/14/09 - Applied for Social Security Card

09/15/09 - Interview in Fairfax, VA ***APPROVED***

09/15/09 - Card Production Ordered

09/19/09 - Welcome to the USA letter received.

09/24/09 - Green Card in Hand

Time from Application receipt to Approval: 76 days.

Remove conditions: 09/2011

Remove conditions initial application: 7/6/2011 Approval: 4/17/2012

Down With PMP Explorer

Down With PMP   0

Posted
Filed: Country: Canada
 Timeline
Posted
I'm also confused about this because the form W-4 states that if you are married to a non resident alien that you have to stay as single status... my lawyer thought it would be ok to change it since we're going to AOS...but I'm unsure what to do.

If she lives in the US, she files taxes as a resident.

lechatnoir Enthusiast

lechatnoir   0

Posted
Filed: Lift. Cond. (apr) Country: Denmark
 Timeline
Posted

She who? I wasn't asking about filing taxes I was asking how I report my W-4... it says you have to stay in "single" status if your spouse is a non resident alien... I was wondering if you guys changed your status to married anyways?

Adjust from VWP:

Marriage on day 64

06/29/09 - AOS package sent

07/01/09 - Package received via FedEx @ Chicago

07/08/09 - Received NOA

07/27/09 - Received Advanced Parole document dated 7/22

08/04/09 - Biometrics Appointment

08/12/09 - Received EAD Card

08/14/09 - Applied for Social Security Card

09/15/09 - Interview in Fairfax, VA ***APPROVED***

09/15/09 - Card Production Ordered

09/19/09 - Welcome to the USA letter received.

09/24/09 - Green Card in Hand

Time from Application receipt to Approval: 76 days.

Remove conditions: 09/2011

Remove conditions initial application: 7/6/2011 Approval: 4/17/2012

rin and john Proficient

rin and john   71

Posted
Filed: Citizen (apr) Country: Thailand
 Timeline
Posted
She who? I wasn't asking about filing taxes I was asking how I report my W-4... it says you have to stay in "single" status if your spouse is a non resident alien... I was wondering if you guys changed your status to married anyways?

You can do either. When you file taxes next year for TY 2009 you will most likely declare your wife as a resident alien. Do not confuse alien status with the IRS and USCIS - they define it differently.

Basically, the IRS allows your wife (until she has her GC) to either be a non-resident alien or resident alien. Even if your wife was still overseas, never set foot in the USA, she could declare herself as a resident alien (my wife did). A non-resident is not taxed on foreign income; a resident alien is.

Read publication 519 from the IRS:

http://www.irs.gov/pub/irs-pdf/p519.pdf

Read page 10 (non-resident alien spouse treated as a resident).

John

K-3

11/15/2006 - NOA1 Receipt for 129F

02/12/2007 - I-130 and I-129F approved!

04/17/2007 - Interview - visa approved!

04/18/2007 - POE LAX - Finally in the USA!!!

04/19/2007 - WE ARE FINALLY HOME!!!

09/20/2007 - Sent Packet 3 for K-4 Visas (follow to join for children)

10/02/2007 - K-4 Interviews - approved

10/12/2007 - Everyone back to USA!

AOS

06/20/2008 - Mailed I-485, I-765 (plus I-130 for children)

06/27/2008 - NOA1 for I-485, I-765, and I-130s

07/16/2008 - Biometrics appointment

08/28/2008 - EAD cards received

11/20/2008 - AOS Interviews - approved

Citizenship

08/22/2011 - Mailed N-400

lechatnoir Enthusiast

lechatnoir   0

Posted
Filed: Lift. Cond. (apr) Country: Denmark
 Timeline
Posted

Thanks, but I'm the woman... my husband is the alien. :) I was just wondering if I was allowed to change my filing status on my W-4 to married instead of single... so ... I guess the answer to that is yes? Based on your response?

Adjust from VWP:

Marriage on day 64

06/29/09 - AOS package sent

07/01/09 - Package received via FedEx @ Chicago

07/08/09 - Received NOA

07/27/09 - Received Advanced Parole document dated 7/22

08/04/09 - Biometrics Appointment

08/12/09 - Received EAD Card

08/14/09 - Applied for Social Security Card

09/15/09 - Interview in Fairfax, VA ***APPROVED***

09/15/09 - Card Production Ordered

09/19/09 - Welcome to the USA letter received.

09/24/09 - Green Card in Hand

Time from Application receipt to Approval: 76 days.

Remove conditions: 09/2011

Remove conditions initial application: 7/6/2011 Approval: 4/17/2012

rin and john Proficient

rin and john   71

Posted
Filed: Citizen (apr) Country: Thailand
 Timeline
Posted

yes. The w-4 only informs your employer how much tax to withhold from your paycheck. It doesn't commit you to a certain filing status next year when you complete your return. Having your w-4 as single will increase the amount withheld (vs. married) and would result in a larger refund next year when you file your return.

K-3

11/15/2006 - NOA1 Receipt for 129F

02/12/2007 - I-130 and I-129F approved!

04/17/2007 - Interview - visa approved!

04/18/2007 - POE LAX - Finally in the USA!!!

04/19/2007 - WE ARE FINALLY HOME!!!

09/20/2007 - Sent Packet 3 for K-4 Visas (follow to join for children)

10/02/2007 - K-4 Interviews - approved

10/12/2007 - Everyone back to USA!

AOS

06/20/2008 - Mailed I-485, I-765 (plus I-130 for children)

06/27/2008 - NOA1 for I-485, I-765, and I-130s

07/16/2008 - Biometrics appointment

08/28/2008 - EAD cards received

11/20/2008 - AOS Interviews - approved

Citizenship

08/22/2011 - Mailed N-400

lechatnoir Enthusiast

lechatnoir   0

Posted
Filed: Lift. Cond. (apr) Country: Denmark
 Timeline
Posted

Ok thank you. :)

I doubt I'll get a refund next year! I claim 8 on my W-4... :D

Adjust from VWP:

Marriage on day 64

06/29/09 - AOS package sent

07/01/09 - Package received via FedEx @ Chicago

07/08/09 - Received NOA

07/27/09 - Received Advanced Parole document dated 7/22

08/04/09 - Biometrics Appointment

08/12/09 - Received EAD Card

08/14/09 - Applied for Social Security Card

09/15/09 - Interview in Fairfax, VA ***APPROVED***

09/15/09 - Card Production Ordered

09/19/09 - Welcome to the USA letter received.

09/24/09 - Green Card in Hand

Time from Application receipt to Approval: 76 days.

Remove conditions: 09/2011

Remove conditions initial application: 7/6/2011 Approval: 4/17/2012

 
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