Filling taxes while AOS is pending.

[Anonymous885 44]

HI VJ's members,

I am sorry if this question has been answered somewhere. I have read multiple threads but I just want to make sure I am doing it right.

I came to US with K-1 visa on March, 2014 and filed AOS right after that. I am current having EAD and SSN, however I don't have my Green Card yet because my application is one of the selected Interview Waiver case.

I am filling the income tax as Married Jointly by using the paper form (not online). What documents do I need to provide to IRS as I am a nonresident :

This is what I am going to include with form 1040:

1) Copy of my SSN.

2) Copy of my driver license.

3) Copy of my passport.

4) Copy of my EAD card.

Do I need to write a statement about Nonresident Spouse Treated as Resident? and what else?

Thank you for reading my post and your helps.

[Nich-Nick 3,354]

No don't include those those things with your paper return. You don't have to prove anything. If you were present in the US for 183 days during 2014 you qualify to file as a resident alien even without a greencard.

Another easy way for those not physically present long enough is simply notify IRS in a statement (sent with the return) that both of you choose for you to be treated as a resident alien for tax purposes. Remember if you file jointly, then any money you earned abroad during 2014 must be reported.

-------sample statement-------

Date

To the Internal Revenue Service:

1. John R. Smith is a US citizen.

2. Mary K. Smith was a non-resident alien on the last day of 2014.

3. John R. Smith and Mary K. Smith are married.

We both choose to be treated as U.S. residents for the entire tax year.

[signature]

John R. Smith

123 Maple St

Smalltown, NY 77223

SSN: 123-45-6789

[signature]

Mary K Smith

123 Maple St

Smalltown, NY 77223

SSN: 987-65-4321

[Anonymous885 44]

Thanks Nick. Do I have to prove that I live 183 days in US or they will know somehow?

[Nich-Nick 3,354]

Thanks Nick. Do I have to prove that I live 183 days in US or they will know somehow?

You are used to having to prove everything with documentation to USCIS. IRS (in my experience with them) is not so fussy. You don't even have to document your foreign income. You just self-report it. You don't have to document that you married, or had a child, or started supporting grandma full-time, or made donations to a charity.

If they have an issue with something, they can always select to audit you. That's what keeps you honest...the possibility of an audit in which you might have to show those receipts for all the medical or charity deductions you might have taken. I personally have never been audited in decades of filing.

[Anonymous885 44]

Thanks again Nick.

[mesnuggles30 2]

No don't include those those things with your paper return. You don't have to prove anything. If you were present in the US for 183 days during 2014 you qualify to file as a resident alien even without a greencard.

Another easy way for those not physically present long enough is simply notify IRS in a statement (sent with the return) that both of you choose for you to be treated as a resident alien for tax purposes. Remember if you file jointly, then any money you earned abroad during 2014 must be reported.

Thanks for clarifying this.

Thank you Nich-Nick for all your great responses and for helping us figure this out. God bless you!

Edited January 30, 2015 by mesnuggles30