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Filed: Other Country: Jamaica
Timeline
Posted

If you married anytime prior to the stroke of midnight of December 31, 2013 you are married for that tax year. Remember the taxes you are filing for now are for the 2013 year.

Since you married in 2014 you were SINGLE in 2013.

He got here Jan 11,2014 Married /the 24th of Janurary

Filed: Citizen (apr) Country: Mexico
Timeline
Posted

If you were married in 2014, then you will file single still for 2013. You will file married for your 2014 taxes next year.

~ Moved from K-1 Process to Moving Here and Your New Life in America - topic is not about K-1 or any immigration process ~

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

Filed: K-1 Visa Country: Jamaica
Timeline
Posted

He got here Jan 11,2014 Married /the 24th of Janurary

Remember, when you file your 2013 taxes, you're filing for events and income earned in 2013. When you file next year for 2014, then you'll file as married. But for 2013, you were single (or head of household, if you had dependents in 2013).

~~~ K-1 Process ~~~

NOA1: 1/29/13
Transferred to TSC; 6/21/13
NOA2: 7/6/13 (per Tier2-IO, no letter or email yet)
Received email confirming NOA2: 7/25/13
Sent to NVC: 7/26/13
Received by NVC: 7/29/13
Sent to Consulate: 7/30/2013
Case Number Received: 8/1/13
Packet 3: Never Received
Packet 4: 8/5/13
Interview: 9/5/13 *Approved
CEAC Status 9/6/13: Visa Status changed from 'IV Ready' to 'NIV Ready'
CEAC Status 9/10/13: Visa Status changed to Administrative Processing
CEAC Status 9/12/13: Visa Status changed to Issued
VISA in Hand!!!: 9/17/13
POE: 9/26/13

~~~ AOS ~~~

Sent in AOS with EAD/AP applications: 1/26/14

NOA1 for EAD/AP: 2/5/14

NOA1 for AOS: 2/7/14

Walked in for 3/6 Biometrics appointment: 2/27/14

EAD/AP combo Card Approved: 4/8/14

EAD/AP combo Card Received: 4/16/14??

Interview: ??

2 Year GC Approved: ??

2 Year GC Received: ??

"RESEARCH/READ MORE, post Less."

Posted

so for those of us who married in 2013, we can claim the spouse? Eventhough we there was not active employment and lived less than six months in the year. I will ask my accountant, just curious how it works since now I will file married.

Yes you can file married for 2013 if you were married in 2013. You elect to consider the spouse a resident for tax purposes.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Filed: IR-1/CR-1 Visa Country: China
Timeline
Posted

so for those of us who married in 2013, we can claim the spouse?

Yes.

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

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Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

Filed: Timeline
Posted

so for those of us who married in 2013, we can claim the spouse? Eventhough we there was not active employment and lived less than six months in the year. I will ask my accountant, just curious how it works since now I will file married.

As far as filing status goes, it is the status you were at the close of the year. If you ended 2013 as 'married', then you MUST file as married.

Your wife could be unemployed and living on the moon and never have set foot in the USA - you still must filed 'married'. And it's to your benefit, really, as it puts you in a much more favorable pool of tax rates and AGI thresholds.

Another example - say you married in JAN 2013 and the finalized divorce in NOV 2013, you get kinda screwed as now you MUST file as either 'single' or 'head of household' for 2013; you are not eligible to file 'married' as you did not end the year in this status.

Now, filing status and whether you can claim your wife as a dependent are two very different things. You can still file 'married' and not be eligible to claim your wife as a dependent. You need to look at the tax rules, especially those pertaining to nonresident alien spouse, to determine eligibility as a dependent.

Filed: Timeline
Posted

Yes.

Careful ... filing 'married' because you were married does not necessarily mean you can claim your spouse as a dependent.

The tax forms have a separate box to check if you want / are elligible to claim your spouse as a dependent.

If you ENDED 2013 married to your spouse, then YES you MUST file as MARRIED (either jointly or separately).

Whether you can claim your spouse as a DEPENDENT for 2013 depends on meeting certain eligibility criteria, mainly around where the spouse resided for the majority of 2013. The criteria are very clear ... just review them at the IRS website, or the instructions for Form 1040.

Also, remember that for the purposes of tax law, IRS defines 'residency' and 'alien' very differently than USCIS.

Filed: Citizen (apr) Country: Mexico
Timeline
Posted

But a spouse is never a dependent. You file married and claim an exemption for yourself and one for your spouse. You do not claim them as a dependent.

For a non resident, it makes no difference where they resided. As Harpa stated above, you can choose to declare the spouse as a resident for the entire tax year. http://www.irs.gov/Individuals/International-Taxpayers/Nonresident-Spouse-Treated-as-a-Resident

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

Filed: Citizen (apr) Country: Italy
Timeline
Posted

Spouse is never a dependent... But when you file married filing jointly, they are counted as an expedition...

10/14/2000 - Met Aboard a Cruise ship

06/14/2003 - Married Savona Italy

I-130

03/21/2009 - I-130 Mailed to Chicago lockbox

11-30-09: GOT GREEN CARD in mail!!!!!!

Citizenship Process;

1/11/2013: Mailed N400 to Dallas Texas

3/11/2013: interview.. Approved

4/4/2013. : Oath! Now a U.S. citizen!

Filed: Timeline
Posted

Spouse is never a dependent... But when you file married filing jointly, they are counted as an expedition...

True, marriage is often of expedition full of adventure and the unexpected.

True, also, a spouse may or may not be counted as an 'exemption' … sorry, I used the word 'dependent' inappropriately for tax purposes, which I should have known better as a corporate tax attorney.

 
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