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Posted

We have been married for almost two years now. Time is flying!! With all the adjustments one is the financial issues. My husband was able to find a job when we moved to NYC but makes below the poverty level. He pays taxes and works full time. He has his two year green card and we will be doing the next round of paper work this summer. Last year I did not claim him as a dependent but I'm wondering if I can or should claim him this year and if I should adjust last years. I'm wondering what other people are doing regarding their new spouses in america?

Thanks in advance for any feedback.

K-1

I-129F Sent : 2008-10-10

I-129F NOA1 : 2008-10-15

I-129F NOA2 : 2009-03-01

Visa Received : 2009-03-20

US Entry : 2009-03-26

Marriage : 2009-05-23

AOS, EAD, AP

Date Filed : 2009-06-04

NOA Date : 2009-06-11

Bio. Appt. : 2009-06-23 (original date July 10th)

AOS Transfer: 2009-07-02

Touch: 2009-07-03

Touch: 2009-07-06

Touch: 2009-07-07

Touch: 2009-07-08

Touch: 2009-07-10 with email regarding pending status.

Touch: 2009-07-20

Touch: 2009-07-21

AP and EAD Approved: 2009-08-03

AP Touch: 2009-08-04

AP Touch: 2009-08-05

EAD second email and Touch 2009-08-06

EAD Touch: 2009-08-07

AOS Approved: 2009-08-10

ROC: petition filed 5-18-11

NOA1 received 5-27-11

Biometrics 7-11-11

Decision Date 1-9-12

Approval letter 1-12-12

Posted

First off a spouse is not a "dependent" for tax purposes. That term is for your children mostly, and others in a few circumstances like elderly parents.

You can file "married filing jointly" with your spouse for any tax year in which you were married, even if it was only the last week of the year. The spouse does not have to be employed or have a greencard yet. Since you were married in 2009, your filing choices were "married filing separately" or "married filing jointly". You would most likely have gotten a better tax break by filing jointly. That means if you got a refund, it would have been more or if you owed money to the IRS, it would have been less or a refund. You can change your 2009 return by filing the form 1040X. You can file jointly for 2010. It will also look good to the officer reviewing his removal of conditions to see you co-mingled your finances by filing jointly.

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

Posted

yes file your taxes jointly, you are married you will get a better refund,and good evidence for you file to removal of conditions on the 1-751 as going things togather as a married couple,

Last year we filed as Married. Does that mean I claimed him as a dependent? Taxes make my head spin. I think I can claim him as dependent as well as file as married. I need to look into it a little more.

K-1

I-129F Sent : 2008-10-10

I-129F NOA1 : 2008-10-15

I-129F NOA2 : 2009-03-01

Visa Received : 2009-03-20

US Entry : 2009-03-26

Marriage : 2009-05-23

AOS, EAD, AP

Date Filed : 2009-06-04

NOA Date : 2009-06-11

Bio. Appt. : 2009-06-23 (original date July 10th)

AOS Transfer: 2009-07-02

Touch: 2009-07-03

Touch: 2009-07-06

Touch: 2009-07-07

Touch: 2009-07-08

Touch: 2009-07-10 with email regarding pending status.

Touch: 2009-07-20

Touch: 2009-07-21

AP and EAD Approved: 2009-08-03

AP Touch: 2009-08-04

AP Touch: 2009-08-05

EAD second email and Touch 2009-08-06

EAD Touch: 2009-08-07

AOS Approved: 2009-08-10

ROC: petition filed 5-18-11

NOA1 received 5-27-11

Biometrics 7-11-11

Decision Date 1-9-12

Approval letter 1-12-12

Posted

First off a spouse is not a "dependent" for tax purposes. That term is for your children mostly, and others in a few circumstances like elderly parents.

You can file "married filing jointly" with your spouse for any tax year in which you were married, even if it was only the last week of the year. The spouse does not have to be employed or have a greencard yet. Since you were married in 2009, your filing choices were "married filing separately" or "married filing jointly". You would most likely have gotten a better tax break by filing jointly. That means if you got a refund, it would have been more or if you owed money to the IRS, it would have been less or a refund. You can change your 2009 return by filing the form 1040X. You can file jointly for 2010. It will also look good to the officer reviewing his removal of conditions to see you co-mingled your finances by filing jointly.

OK :thumbs:

K-1

I-129F Sent : 2008-10-10

I-129F NOA1 : 2008-10-15

I-129F NOA2 : 2009-03-01

Visa Received : 2009-03-20

US Entry : 2009-03-26

Marriage : 2009-05-23

AOS, EAD, AP

Date Filed : 2009-06-04

NOA Date : 2009-06-11

Bio. Appt. : 2009-06-23 (original date July 10th)

AOS Transfer: 2009-07-02

Touch: 2009-07-03

Touch: 2009-07-06

Touch: 2009-07-07

Touch: 2009-07-08

Touch: 2009-07-10 with email regarding pending status.

Touch: 2009-07-20

Touch: 2009-07-21

AP and EAD Approved: 2009-08-03

AP Touch: 2009-08-04

AP Touch: 2009-08-05

EAD second email and Touch 2009-08-06

EAD Touch: 2009-08-07

AOS Approved: 2009-08-10

ROC: petition filed 5-18-11

NOA1 received 5-27-11

Biometrics 7-11-11

Decision Date 1-9-12

Approval letter 1-12-12

Filed: K-1 Visa Country: Chile
Timeline
Posted

OK :thumbs:

Turbotax.com works wonders for me! It asks a boatload of questions which I have to answer (of course) but I always get much more back than I would otherwise.

B-)

2/1980 – foreign exchange student to Santiago Chile

3/80 – Met Daniel at school

4/80 – we became high school sweethearts

2/81 – returned to the USA, Daniel arrived late at the airport to say goodbye

1981 – 2009 - Life happens. We both married others and divorced

7/23/2009 – Daniel found me via classmates.com

9/18/09 – Traveled to Chile to spend time with Daniel

10/09 – engaged!!

11/10/09 – returned to the USA

1/10 – Daniel began gathering his paperwork to start the K1

2/10 – earthquake in Chile delays everything

3/10 – went to Chile for less than a week

6/10 – received Daniels paperwork, started preparing K1

7/10 – K1 refused due to typo

8/12/10 – received NOA1!!

2/2/2011 - Received NOA2!!!!!!!!!!!!!

event.png

Posted

Last year we filed as Married. Does that mean I claimed him as a dependent? Taxes make my head spin. I think I can claim him as dependent as well as file as married. I need to look into it a little more.

There's TWO ways to file married: "married filing separately" or "married filing jointly" The first has only one person on the tax return. The second one has both names listed at the top.

No, like I said in my first post. You don't claim a spouse as a dependent. You can claim a child as a dependent, but not a spouse.

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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