AOS, GREENCARD & TAXES

[Fulltime 0]

I am in the States on a F1 visa since january 2010, and plan to marry in september and apply for a green card. I am posting here

because I need to file taxes for 2009 and don't know what to file. I don't want to do a mistake that might ruin everything.

I need to file taxes because I was in the States on an H1B until may 2009. I prefer to file as Resident because I get the

standard deduction. I meet the substantial presence test for 2009. In theory I could file as Resident. But IRS is ambiguous.

Website says:

"Even if you meet the substantial presence test, you can be treated as a nonresident alien if you ...

Have a closer connection during the year to one foreign country in which you have a tax home than to the United States."

My interpretation is that I can choose.

But I am scared. What will happen when I apply for the green card and submit my 2009 tax returns, and they show I filed as resident?

Wouldn't that be a horrible nono?

[Sponge 0]

Consult a tax accountant. Personally, I wouldn't take the risk just for some money, however big. My fiancé got 2000 back and is paying her accountant only $50, and her status is nowhere near adjusted.

[Fulltime 0]

I verified with an accountant that I can file as resident. I am worried about how immigration may interpret this. I know that as far as immigration goes its all about interpretation of intent. Maybe there is somebody on this forum that went through something similar?

[Nartaki 7]

I think you will need to consult a tax attorney. They might be busy now, but I guess you can stop into their office to see if they can help you.

Is your fiance a US citizen? I dont think there will be any problems with intent as long as you entered the country lawfully and didnt make any misrepresentations. But I agree with the previous poster about not taking any chances. Immigration benefits are strictly for LPRs as far as I know.

[Brother Hesekiel 2,236]

Very easy case. You file as a resident, the default for anyone present in the US, even if illegal, a drug dealer, or a prostitute.

The OPTION to file for a non-resident means nothing to you, as you WANT to file as a resident, and Uncle Sam will love you for it.

You need a tax attorney for this as much as somebody who putting a band aid on a scratch needs to help of an emergency physician.

You're welcome.

[Fulltime 0]

Very easy case. You file as a resident, the default for anyone present in the US, even if illegal, a drug dealer, or a prostitute.

The OPTION to file for a non-resident means nothing to you, as you WANT to file as a resident, and Uncle Sam will love you for it.

You need a tax attorney for this as much as somebody who putting a band aid on a scratch needs to help of an emergency physician.

You're welcome.

Vielen dank!

[Fulltime 0]

Question: will immigration request to see my taxes when applying for AOS, or only the taxes of sponsor/s? If yes, will immigration request to see all my taxes including taxes filled in other countries, or just US taxes?

I filled US taxes for the last few years. All in order. In 2009 I moved abroad and paid taxes in the US and Chile.

Would anybody know? Thank you

[Brother Hesekiel 2,236]

I was in a similar situation as you apparently are now.

My wife and I both worked in the US and filed our tax returns as residents. When it comes to AOS, the petitioner basically has to show that she meets the income requirements and makes enough money to support both of you. However, since you both are working, you both can show that you are able to meet the income requirements, as all income from US sources that's claimed by you on US tax returns qualifies.

Hence, for the first two years before we got married, we submitted separate tax returns from each of us, and for the third year, when we were already married, we submitted a joint tax return, filed as married. This way we covered all 3 years before filing for AOS, and showed that we are able to take care of us, financially.

Since you filed taxes, you may want to include them with your wife's tax returns.