Filing tax questions

[Louis and Aya 17]

Hello again. I know I'm asking a bunch of questions but I am getting closer and getting all my ducks lined up.

2 questions.

I was married for half the year this past year (been separated 2 years but legally divorced in June '12) so when I file my taxes I'm planning on filing jointly and married (for the 2012 tax purposes) because it will get me back more money since my ex lived with her fiancee and didn't work and I'm claiming the kids anyways. Will that mess up anything when I submit my I-134 even though I have my divorce papers in there (signed by a judge etc)?

Second, do I need transcripts or are the papers they give me when I file at H&R block ok? I am going to get copies from the last two years, but I know the USEM only needs 1 year (from everything I've read).

Thank you for any help.

[rin and john 71]

Filing status is based on your status as of December 31, 2012. If you were divorced in June and have not remarried, you can only file single, or head of household, if you qualify. You cannot file married filing jointly based on a marriage that ended in June.

Here are the requirements for filing status (check for head of household)

http://www.irs.gov/publications/p17/ch02.html#en_US_2011_publink1000170738

Edited December 29, 2012 by rin and john

[bigdog 376]

Filing status is based on your status as of December 31, 2012. If you were divorced in June and have not remarried, you can only file single, or head of household, if you qualify. You cannot file married filing jointly based on a marriage that ended in June.

Here are the requirements for filing status (check for head of household)

http://www.irs.gov/p...blink1000170738

:thumbs:OP This is not an either or, as said, status as of 12/31/12.

[Louis and Aya 17]

I completely appreciate that.

Do you know much more about taxes? Will I possibly get back around the same as I did last year filing married with the 2 children? I'm claiming them on this tax return and I think I may qualify for head of household. Does it have to be a house (like mortgaged house) or any domicile like an apartment etc.?

[rin and john 71]

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I completely appreciate that.

Do you know much more about taxes? Will I possibly get back around the same as I did last year filing married with the 2 children? I'm claiming them on this tax return and I think I may qualify for head of household. Does it have to be a house (like mortgaged house) or any domicile like an apartment etc.?

Will depend on your taxable income. HOH and MFJ have the same tax rate up to about $12,000. Then HOH is a little higher (but much better than single). Also, if you receive An earned income credit, it may also be different (again, depends on your taxable income). If you know what your taxable income was last year (after deductions, etc), then you can go to the link below pages 74+ have columns showing tax owed based on income and you can compare HOH vs MFJ. This will show you the difference. the actual you get back will Depend on how much you had withheld during the year and additional credits. For the EIC, table starts on page 52.

Did you file MFJ last year?

Does your divorce settlement or parenting plan grant you the right to claim the children? Mine did even though the kids lived with their mother. Kind of a surprise for my ex-wife the first year when I pointed it out to her.

And any domicile will do. Can be a cardboard box on an empty lot.

[rin and john 71]

Forgot the link

http://www.irs.gov/pub/irs-pdf/i1040.pdf

[Louis and Aya 17]

Thank you.

Last year I filed MFJ. I can claim the kids per the divorce decree.

At least I have an idea going in now. Thank you so much.

Will depend on your taxable income. HOH and MFJ have the same tax rate up to about $12,000. Then HOH is a little higher (but much better than single). Also, if you receive An earned income credit, it may also be different (again, depends on your taxable income). If you know what your taxable income was last year (after deductions, etc), then you can go to the link below pages 74+ have columns showing tax owed based on income and you can compare HOH vs MFJ. This will show you the difference. the actual you get back will Depend on how much you had withheld during the year and additional credits. For the EIC, table starts on page 52.

Did you file MFJ last year?

Does your divorce settlement or parenting plan grant you the right to claim the children? Mine did even though the kids lived with their mother. Kind of a surprise for my ex-wife the first year when I pointed it out to her.

And any domicile will do. Can be a cardboard box on an empty lot.