How to do taxes while waiting for residency

[carolineden11 2]

Hi everyone,

I have called the IRS and had very confusing responses from different people regarding this topic. I moved to the US in October on a k1 visa then filed for adjustment of status the same month. I received work authorization in February and was hired as an independent contractor but still do not have residency. One person from the IRS told me that I will have to file taxes twice for 2012, once as a non-resident and separately as a resident (assuming I get residency in 2012). Another person told me that I am considered a resident for tax purposes in 2012 because I have been in the US long enough in 2012. Non-residents are subject to 30% tax. Does that mean any income I make will be taxed 30%? Also, I am having a very hard time adding my name to my husband's bank account because they want me to fill out forms for non-residents meaning that I will be subject to 30% tax. This is all very confusing and frustrating! Anyone who could shed some light on this would be greatly appreciated. Thanks!

[Tygrys 143]

Hi everyone,

I have called the IRS and had very confusing responses from different people regarding this topic. I moved to the US in October on a k1 visa then filed for adjustment of status the same month. I received work authorization in February and was hired as an independent contractor but still do not have residency. One person from the IRS told me that I will have to file taxes twice for 2012, once as a non-resident and separately as a resident (assuming I get residency in 2012). Another person told me that I am considered a resident for tax purposes in 2012 because I have been in the US long enough in 2012. Non-residents are subject to 30% tax. Does that mean any income I make will be taxed 30%? Also, I am having a very hard time adding my name to my husband's bank account because they want me to fill out forms for non-residents meaning that I will be subject to 30% tax. This is all very confusing and frustrating! Anyone who could shed some light on this would be greatly appreciated. Thanks!

Tax residency is different from residency for immigration purposes.

You should file 2012 tax year as a resident.