US Tax Reporting

[rjm_cmyk 75]

Would appreciate any advice on tax filing.

I arrived in the US on the 17th December on a K1 and married in Feb '14.

My reading of the filing requirements is that to be classified as a resident alien and thus needing to file I need to either pass the green card test i.e have one and/or the substantial presence test. The latter being defined as being present in the US for 31 days in 2013 and more than 183 days during the period 2011 to 2013 (see this link to see how that one is worked out !)

On first reading I don't see as I qualify as I don't meet either criteria yet

Does anyone have any advice ?

Edited March 3, 2014 by rjm_cmyk

[Mela17 36]

Similar dates to my husband and I. He arrived on Dec 11th 2012 and we were married January 30th 2013. When I did my taxes for tax year 2013 (This would be for the previous year 2012) it asked "Were you married on or after January 1st 2012?" The answer is no so I filed as a single person and of course my husband hadn't yet had an interview scheduled for AOS so we were fine.

This year we filed as joint/married though.

So my point is you don't have an obligation to US taxes this year because your significant other will be filing taxes for 2013 in which I assume they were single. The following year you will have been married so you'll file joint/married.

[Nich-Nick 3,354]

You file nothing. Your wife files as Single because on the last day of the tax year (Dec 31, 2013), she was a single lady.

[rjm_cmyk 75]

Having some some further digging I am not sure if it's clearer or more complicated. I don't think the marriage is the issue but we'll have to file jointly next year anyway because of Obamacare. Having read a little more it would seem my tax status is one of non-resident alien for 2013 (as I don't meet the criteria for residence) so at least there's no dual status. I have earned no money here (and nothing in the UK that isn't already taxed) so from this it would appear I don't have to file but Uncle Sam appears to retain the ability to tax non-resident aliens :-)

[rjm_cmyk 75]

You file nothing. Your wife files as Single because on the last day of the tax year (Dec 31, 2013), she was a single lady.

What has my wife's status go to do with it though ? What is it about my status that means I don't need to file separately (or is it the stuff I posted above?)

HoHum - this and AOS forms - fun day :-)

[Nich-Nick 3,354]

What has my wife's status go to do with it though ? What is it about my status that means I don't need to file separately (or is it the stuff I posted above?)

HoHum - this and AOS forms - fun day :-)

You earned no money in the US in 2013. You don't file. You aren't allowed to file.

Had you married before the end of 2013, you could have chosen to file jointly with her. She would have gotten a tax break. But for 2013 she was single and you were a foreigner who earned no income in the US. You are kinda still a visitor in the US, having no greencard or EAD in 2013.

Your first tax obligation is Jan 1, 2014 to Dec 31, 2014, due to be filed by Apr 15, 2015.

[rjm_cmyk 75]

Thanks for that clarification Nich-Nick ! Now back to the AOS forms......

[TBoneTX 45,834]

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