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Filed: AOS (pnd) Country: Russia
Timeline
Posted

Hi guys!:) I am adjusting from F1. In 2010 I was granted OPT for a year which expired on Dec 31, 2011. We got married at the end of October 2011. Now is the time to file taxes for my year of work on OPT.

After some research online I have found out the IRS form I need to use is 1040NR (U.S. Nonresident Alien Income Tax Return). The form is asking if I am filing as a single nonresident alien or a married nonresident. I am a little confused on what to put since during the most of the tax year that I was working on OPT I was not married yet…

If I am indicating that I am married, do we need to file jointly?? I am apologizing if my questions sond silly but I am completely new to it, and would appreciate any help or guidance. Thank you!:)

Filed: AOS (pnd) Country: South Korea
Timeline
Posted (edited)

I don't know if this helps but we got married on Ocober 2011 as well and my husband(USC) files his tax about a week ago as married for the whole year.(Of course I wasn't working) I don't think you have an option to pick from when to when you were married.

Edited by PinkMelody

Doing good deeds shall bring happiness

09/05/2005 - Entered US with J-1

04/16/2006 - Met my husband

04/11/2007 - AOS from J-1 to B-2

07/10/2007 - Out of Status

08/26/2011 - Husband became USC through naturalization

10/12/2011 - We got married!

12/03/2011 - Sent AOS package(I-130, I-485, I-765) to Chicago Lockbox

12/05/2011 - Delivery confirmation via USPS

12/16/2011 - Received emails for I-130, I-485

12/22/2011 - Received NOA in mail for I-130, I-485 dated 12/16/2011

12/23/2011 - Received rejected I-765 due to missing signature

12/24/2011 - Received biometrics appointment on 01/09/2012 dated 12/20/2011

12/27/2011 - Reapplied I-765

12/29/2011 - I-765 has been delivered by USPS confirmation

01/04/2012 - Walk-in biometrics done

01/11/2012 - Received NOA in mail for I-765 dated 12/30/2011

02/01/2012 - Received text/email for I-765, Card/Document Production

02/06/2012 - Received EAD card in mail. YAY!

02/07/2012 - Received text/email for interview date, 03/15/2012

02/08/2012 - Received interview letter in mail

03/15/2012 - Interview at San Antonio, approved on spot and got a stamp!

03/23/2012 - Green card in hand! :^D

Filed: Citizen (pnd) Country: Russia
Timeline
Posted (edited)

File as married jointly, where your husband is the head of the household. He will use the standard 1040 form and you will be treated as a resident for tax purposes. It is absolutely normal - you will just need to provide your SSN, W-2 or 1099 information to him when he fills out the forms. Use online software which asks you step-by-step questions. You guys may end up getting a nice refund based on your marriage deductions and combined income!

If you file as married jointly, you will not need to file a separate 1040NR for yourself :)

Also fyi, if you got married at any time during the tax year, it allows you to file as married, including jointly. Filing married jointly is preferable, because tax system in the US rewards marriage by giving you deductions and allowing to move you to a different tax bracket, with a potentially lower effective tax rate.

Good luck!

Edited by sofya
Filed: AOS (pnd) Country: Russia
Timeline
Posted

Thx so much 4 ur response!!!:) it answered lots of my questions!! Since I was working on OPT and did not have to pay medicare and SSN tax, ot will not be an issue that we ll file jointly for me as "married resident" (i am assuming that "residents" have to pay all taxes). Correct me if I am wrong, I just know too little about it:) thx again

Filed: Citizen (pnd) Country: Russia
Timeline
Posted

You'll be fine. I worked during my OPT and didn't pay a SS tax either. Remember that income taxes are NOT the same as SS taxes (подоходный налог и социальный налог соответственно), so what you file in April has nothing to do with your SS tax status :) Social Security tax only counts towards your ability to receive "pension" (social security payments) when you retire :)

Filed: AOS (pnd) Country: Russia
Timeline
Posted

You'll be fine. I worked during my OPT and didn't pay a SS tax either. Remember that income taxes are NOT the same as SS taxes (подоходный налог и социальный налог соответственно), so what you file in April has nothing to do with your SS tax status :) Social Security tax only counts towards your ability to receive "pension" (social security payments) when you retire :)

Got it! Makes sense, thank u so much, Sofya!:)

 
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