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Filed: K-1 Visa Country: Netherlands
Timeline
Posted

Hello all,

Here is the situation;

-Arrived on a K1 May, 2012

-Obtained I-765 on Sept 15, 2012

-Started working in the US on Otcober 1, 2012

-Obtained GC on December 10, 2012

Want to file jointly for 2012 but I have a daul status for 2012. For the period of Jan-May 2012, I was not in the US and I paid already those taxes. Anyone in a similar situation? How were you able to file jointly with a dual status?

Filed: Timeline
Posted

Hello all,

Here is the situation;

-Arrived on a K1 May, 2012

-Obtained I-765 on Sept 15, 2012

-Started working in the US on Otcober 1, 2012

-Obtained GC on December 10, 2012

Want to file jointly for 2012 but I have a daul status for 2012. For the period of Jan-May 2012, I was not in the US and I paid already those taxes. Anyone in a similar situation? How were you able to file jointly with a dual status?

Have you read through this?

http://www.irs.gov/Individuals/International-Taxpayers/Taxation-of-Dual-Status-Aliens

Filed: K-1 Visa Country: Netherlands
Timeline
Posted

What if I don't want to be taxed on my worldwide income - I already paid the taxes for the months prior to entering the US?

You are permitted to file jointly, if you decide to be treated as a US Resident for the entire year. You will be taxed on your worldwide income.

Filed: Timeline
Posted

What if I don't want to be taxed on my worldwide income - I already paid the taxes for the months prior to entering the US?

Seeing as you are not from a third world country, I can appreciate that. You can exclude the first $90,000 plus of foreign income, and I think there are certain credits or exemptions for taxes paid to certain governments, etc.

You may want to fill the forms out the various ways, and see what gives you the better deal.

I bet if you post a similar question in the EU forum, you might get a better answer.

Posted

You have to run the calculations for the at least three different scenarios that apply in your case. The default married filing separately/dual status, married filing joint with no foreign earned income exemption and married filing joint with foreign earned income exemption.

Which one works best will depend on your personal circumstances. You have to run the numbers to see which one is best.

My time line

CSC

Nov 7, 2004 - First met in Chagford, Devon, UK

Sep 1, 2007 - Married in Chagford

Oct 5, 2007 - Sent I-130 to CSC

Oct 9, 2007 - Received by CSC

Jan 14, 2008 - Rejected by Chicago, wrong date on check 😞

Jan 15, 2008 - Sent I-130 back to Chicago with correctly dated check 🙂

Jan 16, 2008 - Received by Chicago

Feb 14, 2008 - NOA1

Apr 28, 2008 - NOA2

May 6, 2008 - NVC assign case number

May 12, 2008 - DS-3032 and AOS bill generated

May 18, 2008 - DS-3032 request emailed by me

May 22, 2008 - AOS bill paid by check

May 27, 2008 - DS-3032 accepted by NVC

Jun 2, 2008 - IV bill generated

Jun 9, 2008 - IV bill received

Jun 16, 2008 - IV bill paid by check

Jun 21, 2008 - I-864 package received

Jun 26, 2008 - I-864 sent to NVC

Jun 30, 2008 - DS-230 generated by NVC

Jul 11, 2008 - DS-230 received

Jul 26, 2008 - DS-230 sent to NVC

Aug 4, 2008 - DS-230 received by NVC

Aug 12, 2008 - Case completed

Aug 14, 2008 - Papers sent to London Embassy

Oct 20, 2008 - Medical in London

Oct 27, 2008 - Interview in London (was originally scheduled for Sep 23)

Oct 28, 2008 - Visa received

Nov 22, 2008 - Arrived in USA at Phoenix.... Yeah!!!

Filed: AOS (apr) Country: Philippines
Timeline
Posted (edited)

You have to run the calculations for the at least three different scenarios that apply in your case. The default married filing separately/dual status, married filing joint with no foreign earned income exemption and married filing joint with foreign earned income exemption.

Which one works best will depend on your personal circumstances. You have to run the numbers to see which one is best.

Yes run the different scearios. I tried married filing jointly with the exclusion of my wife's foreign income. Then I tried being taxed on world wide income with the tax credit paid in foreign country. For our situation it was better to take the exclusion of foreign income by over $123. When I did married filing seperately the tax refund was reduced by around $1600.

Edited by Mr Smiley

Sent I-129 Application to VSC 2/1/12
NOA1 2/8/12
RFE 8/2/12
RFE reply 8/3/12
NOA2 8/16/12
NVC received 8/27/12
NVC left 8/29/12
Manila Embassy received 9/5/12
Visa appointment & approval 9/7/12
Arrived in US 10/5/2012
Married 11/24/2012
AOS application sent 12/19/12

AOS approved 8/24/13

Filed: AOS (apr) Country: Philippines
Timeline
Posted

Thanks all for your answers. Good tip to run all three versions and see which one offers the best deal.

You are welcome. If you are familiar with taxes you can go to H & R block online and try the different scenarios. You won't have to pay for trying it out. But you will have to sign up with user name and password.

Sent I-129 Application to VSC 2/1/12
NOA1 2/8/12
RFE 8/2/12
RFE reply 8/3/12
NOA2 8/16/12
NVC received 8/27/12
NVC left 8/29/12
Manila Embassy received 9/5/12
Visa appointment & approval 9/7/12
Arrived in US 10/5/2012
Married 11/24/2012
AOS application sent 12/19/12

AOS approved 8/24/13

 
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