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jmurray Contributor

jmurray   0

Posted
Filed: K-1 Visa Country: United Kingdom
 Timeline
Posted

this may not be appropriate for this forum, but i am lost when it comes to taxes... i would appreciate any links or advice... my husband came here last july, he did not start work until this month (2007) and is not approved for his AOS yet... i cannot make heads or tails of filing jointly (since he has no income in 2006) or separately, or anything else at this point. i have tried to understand the publication 519 on IRS website but i just don't comprehend it completely...

any help is welcome

thanks so much

~Jess

Husband from Scotland

Arrived: July 7, 2006

Married: August 23, 2006

Filed AOS, EAD, AP: Sept 18, 2006

Received: Sept 19, 2006

AP and EAD touched: Sept 26, 2006

NOAs: Oct 2, 2006

AOS transferred CSC: Oct 10, 2006

Biometrics: Oct 13, 2006

AOS touched: 9/26, 10/10, 10/12, 10/13, 10/16, 10/17, 1/20, 2/1, 2/2(RFE email), 2/3, 4/9 (RFE

delivered), 4/10; 4/11; 4/12

AOS APPROVED: 4/13

SECOND medical: 3/23; received papers 3/30

RFE sent: 3/31

RFE delivered: 4/2

RFE received/email: 4/9

AP approved: Nov 30, 2006

EAD approved: Dec 5, 2006

payxibka Grand Master

payxibka   10,047

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted
this may not be appropriate for this forum, but i am lost when it comes to taxes... i would appreciate any links or advice... my husband came here last july, he did not start work until this month (2007) and is not approved for his AOS yet... i cannot make heads or tails of filing jointly (since he has no income in 2006) or separately, or anything else at this point. i have tried to understand the publication 519 on IRS website but i just don't comprehend it completely...

any help is welcome

thanks so much

Does not matter when he started work so take that thought out of your equation.

YMMV

payxibka Grand Master

payxibka   10,047

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

The first thing you need to do is determine if for tax purposes the individual would be considered a resident or non-resident alien. There are two tests. The "greencard" test and the "substantial presence" test. If you can answer yes to either one then they are a resident alien.

Since you husband has not received his "greencard" then he fails test #1

To pass test #2 he needs to have been in the USA for 183 days. He came in July so he probably fails that test as well.

If he is a non-resident alien you have three choices

Married filing seperate

Married filing joint (only if you opt for the special provision which requires you to treat all of you husbands worldwide income as US based income)

Head of Household (only if you have another qualifying person)

YMMV

jmurray Contributor

jmurray   0

Posted
Filed: K-1 Visa Country: United Kingdom
 Timeline
  • Author
Posted

thanks for the help guys :)

~Jess

Husband from Scotland

Arrived: July 7, 2006

Married: August 23, 2006

Filed AOS, EAD, AP: Sept 18, 2006

Received: Sept 19, 2006

AP and EAD touched: Sept 26, 2006

NOAs: Oct 2, 2006

AOS transferred CSC: Oct 10, 2006

Biometrics: Oct 13, 2006

AOS touched: 9/26, 10/10, 10/12, 10/13, 10/16, 10/17, 1/20, 2/1, 2/2(RFE email), 2/3, 4/9 (RFE

delivered), 4/10; 4/11; 4/12

AOS APPROVED: 4/13

SECOND medical: 3/23; received papers 3/30

RFE sent: 3/31

RFE delivered: 4/2

RFE received/email: 4/9

AP approved: Nov 30, 2006

EAD approved: Dec 5, 2006

 
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