Tax Return

[pat & angela 1]

Hi.

I came in here last October on a K1, Married in November and we applied for AOS December. Now its time for my husband to file taxes, so we went down to the office and the lady was requesting my Social Security Card. I have been here before on a J1 Visa, and the old ssn that i have it says not valid without authorization from DHS, which its the same as the new ssn that i would get right? So i never applied for a new one, now the problem is i cannot find it, maybe ive lost it. So we went down to the ss office and i could not even substitute it, let alone change the name on it. It required for a valid I-94, which mine just expired on January 6 and the other document listed were AED or Green Card which obviously i havent any. Now the question is can my husband file for joint tax returns? Since i havent been able to work? Or maybe claim me as his dependent? i was just wondering if anyone in here came across the same situation or if anyone would know. What can be done? Thanks

[TimeTravel 78]

Yes, he can do that!

[Boggy1974 124]

Hi.

I came in here last October on a K1, Married in November and we applied for AOS December. Now its time for my husband to file taxes, so we went down to the office and the lady was requesting my Social Security Card. I have been here before on a J1 Visa, and the old ssn that i have it says not valid without authorization from DHS, which its the same as the new ssn that i would get right? So i never applied for a new one, now the problem is i cannot find it, maybe ive lost it. So we went down to the ss office and i could not even substitute it, let alone change the name on it. It required for a valid I-94, which mine just expired on January 6 and the other document listed were AED or Green Card which obviously i havent any. Now the question is can my husband file for joint tax returns? Since i havent been able to work? Or maybe claim me as his dependent? i was just wondering if anyone in here came across the same situation or if anyone would know. What can be done? Thanks

I'm not exactly sure of your question relating to the social security number...But it should remain the SAME. Even though you were on J1 and now doing AOS, all you would need to do is go to your local SS Administration office and present your current USCIS documents showing your status and you be able to REMOVE the conditions on your ss card. But your SSN remains the same for life regardless your status.

Now the question is can my husband file for joint tax returns? Yes. Your husband can file a joint tax return using your SSN. It's unfortunate you can't find the number to get him to file. But if it's lost as you say, then you would want to go to the SS office to get this straightened out first since you already have one. Your husband can also file "married filing separately" now, then after you resolve your number issue he could then file an amended return claiming you. On the flip side, if you never had a SSN before (I know you stated you had one before), your husband could have filed jointly and attach a W7 to get you an ITIN. Check on the IRS website for W7 & ITINs just for informational purposes only.

But I would suggest you resolve your social security number situation and the restriction thereon before moving forward. But note that your number stays the same. Did you write it down somewhere? It will help to search your old paperwork to see if you can find the SS number...That will help solve half of your puzzle. Goodluck!

Edited January 23, 2013 by Boggy1974

[I AM NOT THAT GUY 5,715]

Hi.

I came in here last October on a K1, Married in November and we applied for AOS December. Now its time for my husband to file taxes, so we went down to the office and the lady was requesting my Social Security Card. I have been here before on a J1 Visa, and the old ssn that i have it says not valid without authorization from DHS, which its the same as the new ssn that i would get right? So i never applied for a new one, now the problem is i cannot find it, maybe ive lost it. So we went down to the ss office and i could not even substitute it, let alone change the name on it. It required for a valid I-94, which mine just expired on January 6 and the other document listed were AED or Green Card which obviously i havent any. Now the question is can my husband file for joint tax returns? Since i havent been able to work? Or maybe claim me as his dependent? i was just wondering if anyone in here came across the same situation or if anyone would know. What can be done? Thanks

Have you received your EAD yet? Did you apply for one? If so, you can apply for a SSN. Do you have any documents with your old SSN on it? If so, you can use that number. Otherwise, you need to apply for an ITIN from the IRS, so that your husband can identify you on your joint tax return. You may want to find another tax service, that might be a little more familiar with first year resident alien tax returns.

[I AM NOT THAT GUY 5,715]

I'm not exactly sure of your question relating to the social security number...But it should remain the SAME. Even though you were on J1 and now doing AOS, all you would need to do is go to your local SS Administration office and present your current USCIS documents showing your status and you be able to REMOVE the conditions on your ss card. But your SSN remains the same for life regardless your status.

Now the question is can my husband file for joint tax returns? Yes. Your husband can file a joint tax return using your SSN. It's unfortunate you can't find the number to get him to file. But if it's lost as you say, then you would want to go to the SS office to get this straightened out first since you already have one. Your husband can also file "married filing separately" now, then after you resolve your number issue he could then file an amended return claiming you. On the flip side, if you never had a SSN before (I know you stated you had one before), your husband could have filed jointly and attach a W7 to get you an ITIN. Check on the IRS website for W7 & ITINs just for informational purposes only.

But I would suggest you resolve your social security number situation and the restriction thereon before moving forward. But note that your number stays the same. Did you write it down somewhere? It will help to search your old paperwork to see if you can find the SS number...That will help solve half of your puzzle. Goodluck!

The restriction stays on the SSN until her AOS is approved and she receives her green card, otherwise, you are right on.

[Boggy1974 124]

The restriction stays on the SSN until her AOS is approved and she receives her green card, otherwise, you are right on.

Got it! Thanks for the correction.

Edited January 23, 2013 by Boggy1974

[Rob and Patty 2]

Similar situation here and I just want to be absolutely clear before I start on my taxes: So the now married K1 visa holder that has just sent off for AOS, can be included in the spouses taxes, Married filing joint? And can also be claimed as a dependent?

[JnJ13 13]

Similar situation here and I just want to be absolutely clear before I start on my taxes: So the now married K1 visa holder that has just sent off for AOS, can be included in the spouses taxes, Married filing joint? And can also be claimed as a dependent?

We are wondering the same thing in regards to taxes!

[I AM NOT THAT GUY 5,715]

Similar situation here and I just want to be absolutely clear before I start on my taxes: So the now married K1 visa holder that has just sent off for AOS, can be included in the spouses taxes, Married filing joint? And can also be claimed as a dependent?

Married, filing jointly, yes. Dependent, no.

Nonresident alien or dual-status alien. Generally, a husband and wife cannot file a joint return if either one is a nonresident alien at any time during the tax year. However, if one spouse was a nonresident alien or dual-status alien who was married to a U.S. citizen or resident alien at the end of the year, the spouses can choose to file a joint return. If you do file a joint return, you and your spouse are both treated as U.S. residents for the entire tax year. See chapter 1 of Publication 519.

[Rob and Patty 2]

Thanks, been looking into it all day. Still not sure what to do though :/ I understand I have to file married joint, but I think there is another form involved. H+R Block stops me and tells me form 1040NR is required, so we need to file by mail. Wife has 0 income and is considered a nonresident going by the substantial presence test so not sure why they have to make this so complicated

[I AM NOT THAT GUY 5,715]

Thanks, been looking into it all day. Still not sure what to do though :/ I understand I have to file married joint, but I think there is another form involved. H+R Block stops me and tells me form 1040NR is required, so we need to file by mail. Wife has 0 income and is considered a nonresident going by the substantial presence test so not sure why they have to make this so complicated

You will have to file a paper return, and probably won't be able to use the software program to fill out your returns. You will need to make an election to have your wife treated as a resident alien for the entire year of 2012, and report her wordwide income, if any. Then just file for foreign income exclusion, to get the deduction for the first ninety odd thousand of the foreign income. The election is just an attachment to your return that states that you both make that election. The IRS has fillable forms that you can use, and the arithmetic really is not that hard with a calculator. Old school, I know. Next year she will be in the system and a resident for the full year, so you won't have to do that again, unless you withdraw the election for some reason.

1040 is the correct form, just check the instructions for the 1040 under filing status for married, filing jointly.

Edited January 25, 2013 by The Patriot

[Rob and Patty 2]

Coming back to this topic:

It seems on turbotax/handrblock online there is an option to declare worldwide income and to apply for the foreign income exclusion. I'm looking at filling these out and printing the return to mail, then including the signed statement to treat my spouse as a resident for the tax year. Seems like this might be the easiest way to go... I'll update as to how this works out.

[Nich-Nick 3,354]

Coming back to this topic:

It seems on turbotax/handrblock online there is an option to declare worldwide income and to apply for the foreign income exclusion. I'm looking at filling these out and printing the return to mail, then including the signed statement to treat my spouse as a resident for the tax year. Seems like this might be the easiest way to go... I'll update as to how this works out.

That is correct.

[pat & angela 1]

so should i apply as a resident alien? Or a non-resident? Since i dont have the GC yet?

[I AM NOT THAT GUY 5,715]

so should i apply as a resident alien? Or a non-resident? Since i dont have the GC yet?

You can elect to be treated as a resident alien for the whole year, if you file a joint return and make that election, but only if you were married on or before December 31, 2012.

Edited February 6, 2013 by The Patriot