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J1 visa taxes for foreign wife?

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Filed: AOS (pnd) Country: Lithuania
Timeline

Hello,

My wife worked here for a few months on a J1 visa in 2010 and earned about $4,200. This is enough that we are required to file I believe. I am a full time student and did not work, the only tax form I got was from the department of education giving me my interest amount I can write off from student loans. I know a lot about US tax laws but am quite confused with our situation. Basically, what form do we need to fill out for federal taxes? She only had federal withheld, nothing else. Thanks.

10-4-2010: Married in NYC

10-17-2011: Sent in I-130, I-485 Packets

10-21-2011: Package received by USCIS

10-28-2011: Received I-797 forms for I-130, I-485, I-765

11-9-2011: RFE received for missing medical exam

11-22-2011: Biometrics

11-28-2011: Civil Surgeon medical exam

11-30-2011: Sent medical exam for RFE

12-5-2011: RFE received by USCIS; Case sent to NBC

12-15-2011: Interview set for 1-17-2012

12-28-2011: EAD card received

1-17-2012: Interview at NBC- Approved!

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Filed: K-1 Visa Country: Cuba
Timeline

look at the instructions for 1040 here - http://www.irs.gov/pub/irs-pdf/i1040.pdf

assuming if she had withholding then she was given a W-2. You might want to file to get the withholding back.

You can file for free here: http://www.irs.gov/efile/article/0,,id=118986,00.html

But I don't understand how taxes work on a J-1, so you might want to hire a professional who does those kinds of situations.

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Filed: AOS (pnd) Country: Chile
Timeline

look at the instructions for 1040 here - http://www.irs.gov/pub/irs-pdf/i1040.pdf

assuming if she had withholding then she was given a W-2. You might want to file to get the withholding back.

You can file for free here: http://www.irs.gov/efile/article/0,,id=118986,00.html

But I don't understand how taxes work on a J-1, so you might want to hire a professional who does those kinds of situations.

you can just do it with turbotax or similar, like a normal american... if you live here you are consider resident for tax purposes. I have been in the US with J1 visas before, and always did my taxes and filed like I was a resident. Only recently got married and filed taxed again like i would normally do, immigration has them and there was no problem.

Good luck!

(uso turbotax freedom, its free and easy to use!!!)

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People no a non-immigrant visa such as a J-1 generally file as a non-resident (1040NR) however, since you are a USC and your spouse is the non-resident foreigner, you can elect to be treated as a resident for tax purposes and therefore file the 1040. Generally the first time you make this decision, you have to attach a statement with your tax return.

http://www.irs.gov/publications/p519/ch01.html#en_US_publink1000222193

12/01/2010: Married!
12/14/2010: Mailed AOS Packed to Lockbox
12/23/2010: USCIS Receipt notice for I-485/I-130/I-765/I-131
01/05/2011: Successful biometrics walkin at Charleston WV office!
03/04/2011: EAD and AP combo card in hand.
04/21/2011: AOS Interview at Norfolk local office. APPROVED & Card production ordered!
04/25/2011: Welcome to the US letter received in mail.
05/02/2011: Green Card arrives in mail!

----------------------------------------------------------------------------------------------------------------------

01/29/2013: NOA received for I-751 form submission (joint)

02/22/2013: Walk in biometric (appt. for 03-05-13)

06/25/2013: I-751 approved!

06/29/2013: 10yr Green Card received in the mail!

----------------------------------------------------------------------------------------------------------------------

08/18/2015: Mailed N-400 application

08/28/2015: NOA for N-400

09/14/2015: Biometrics appointment for N-400

02/02/2016: Interview for N-400. APPROVED!

02/18/2016: Oath ceremony!

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