Application for Travel Document and Taxes

[karakmitchell 0]

Hi,

My husband and I are checking over his adjustment of status paperwork and his application for advanced parole is part of it. I was rereading the instructions and noticed this part:

If you are an alien who has established residence in the UnitedStates after having been admitted as an immigrant or adjusted status to that of an immigrant, and are considering the filing of a nonresident alien tax return or the non-filing of a tax return on the ground that you are a nonresident alien, you should carefully review the consequences of such actions under theImmigration and Nationality Act.

You may also be inadmissible to the United States if you seekadmission as a returning resident, and you may becomeineligible for adjustment of status as a permanent resident ornaturalization on the basis of your original entry.

I have very limited experience with taxes, so I don't really know what this means. We just filed our 2006 taxes jointly and the lady put him into the computer as a nonresident alien. What does this all mean? Am I totally off base with being concerned? Any ideas are much appreciated because I'm lost!

Thanks.

[kitkat1 5]

Kara, who did the paperwork and do you know why they chose "non-resident alien"?

I don't know much about this stuff, but from the IRS site it looks like he is a Resident Alien:

You are considered a resident alien if you met one of two tests for the calendar year.

The first test is the "green card test." If at any time during the calendar year you were a lawful permanent resident of the United States according to the immigration laws, and this status has not been rescinded or administratively or judicially determined to have been abandoned, you are considered to have met the green card test.

Also, this helps clarify a bit more:

6. Who is a "resident alien for tax purposes"?

An individual who has met or passed the substantial presence test by virtue of the number of days physically present in the U.S. or has been granted lawful permanent residence in the U.S. as a permanent resident alien. A resident alien is taxed on his/her worldwide income in the same manner as a U.S. citizen.

7. Who is a "nonresident alien for tax purposes"?

An individual who has not met or passed the substantial presence test by virtue of the number of days physically present in the U.S. or has not been granted lawful permanent residence in the U.S. as a permanent resident alien. A nonresident alien is taxed only on his/her income from U.S. sources, using special tax withholding, reporting, and filing requirements different from those of a U.S. citizen or resident aliens for tax purposes.

8. What is the difference between "nonresident" and "resident" alien for tax purposes?

A nonresident alien is taxed only on his income from U.S. sources, using special tax withholding, reporting and filing. Resident aliens are taxed on their worldwide income, the same as U.S. citizens

Wouldn't being an LPR make him a resident alien and mean he would file as married, filing jointly as resident alien?

Hopefully someone more knowledgable will chime in . . .

[karakmitchell 0]

Hi Kitkat,

Thanks for the reply. Let me clarify a bit too- my husband got here on the 16 of December and we were married on the 30th of December. He's not yet a permanent resident- he's still on his K1 and we are now applying to adjust to permanent resident status. I still don't really know if what we did was ok/right/the best thing to do...

[Thomas-n-Elena 0]

Hi Kitkat,

Thanks for the reply. Let me clarify a bit too- my husband got here on the 16 of December and we were married on the 30th of December. He's not yet a permanent resident- he's still on his K1 and we are now applying to adjust to permanent resident status. I still don't really know if what we did was ok/right/the best thing to do...

Funny you mention taxes but my wife arrived on december 13th we were married on the 28th and filed taxes 1 week ago. I just looked at my tax forms and there is nothing on either form that shows the alien status with regards to taxes. I just stated that she didnt earn any income in this state or any other. I put her SS# on the form and last night I saw that my refunds were in my bank account. Who did your taxes, I have been doing mine online for years and never had any problems.

[payxibka 10,047]

Hi Kitkat,

Thanks for the reply. Let me clarify a bit too- my husband got here on the 16 of December and we were married on the 30th of December. He's not yet a permanent resident- he's still on his K1 and we are now applying to adjust to permanent resident status. I still don't really know if what we did was ok/right/the best thing to do...

Funny you mention taxes but my wife arrived on december 13th we were married on the 28th and filed taxes 1 week ago. I just looked at my tax forms and there is nothing on either form that shows the alien status with regards to taxes. I just stated that she didnt earn any income in this state or any other. I put her SS# on the form and last night I saw that my refunds were in my bank account. Who did your taxes, I have been doing mine online for years and never had any problems.

Just because you got your refund doesn't mean all is OK... The IRS has 3 years to examine your returns.

[payxibka 10,047]

Wouldn't being an LPR make him a resident alien and mean he would file as married, filing jointly as resident alien?

When does a person obtain LPR status when they arrive on a K-1 visa? After AOS is granted, right?

[Kez/JWolf 6]

You should not file for him as a non-resident alien.... he can be included as a resident for tax reason even before he gets his greencard... contact irs if you need more info.

Kez

[payxibka 10,047]

You should not file for him as a non-resident alien.... he can be included as a resident for tax reason even before he gets his greencard... contact irs if you need more info.

Kez

In many situations you should not.... Mitigating circumstances might make it more advantageous to file as a non-resident alien.