What am i on the tax paperwork?

[thelastpetitioner 218]

Am I considered a us citizen or a citizen alien on tax returns since I entered on a k-1 and overstayed?

I did get married however i overstayed the 90 day mark, and now that we are finally filing for tax returns ( for the third time ) I'm not sure if I am alien resident

[Harpa Timsah 13,258]

I answered in your comment: You are NOT a US Citizen. Falsely claiming US Citizenship can get you in trouble. Your taxes don't need to know your immigration status... where do you see this question?

[Inky 1,111]

You are a resident alien in the USA. Not a citizen.

My taxes when we file them every year ask my status and i always make sure it says resident alien.

[Harpa Timsah 13,258]

My taxes when we file them every year ask my status and i always make sure it says resident alien.

This is apparently a question on some tax-helping software, but the 1040 form itself does not ask for any immigration status, and your taxes are not based on any status. I am not sure why this software asks this question, since it is not asked on the form itself.

Edited March 10, 2012 by Harpa Timsah

[Penguin_ie 5,997]

***** Moving from AOS to Your New Life in America as not AOS process related *****

[Nich-Nick 3,354]

This is apparently a question on some tax-helping software, but the 1040 form itself does not ask for any immigration status, and your taxes are not based on any status. I am not sure why this software asks this question, since it is not asked on the form itself.

IRS Publication 519 will explain why taxes are based on status. Page 5 has a diagram to show how to determine resident alien vs. non-resident alien. There's separate tax form (1040NR) for non-resident aliens and the taxes are figured differently depending on tax treaties. An example would be people in US jobs on a visa that don't have a greencard. There's no joint filing for a NR. If a NR is married to a USC, they can elect for the NR to be treated as a resident alien for tax purposes for the entire year and file jointly. This is what new K1s normally do their first year in the US prior to getting their greencard. They must claim worldwide income, meaning all money earned by both spouses, even in the foreign country and before the marriage.