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sunshine2014

Filing tax return with AOS pending

By sunshine2014 in Tax & Finances During US Immigration

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sunshine2014 Contributor

sunshine2014   0

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Filed: K-1 Visa Country: Philippines
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Hi everyone... i just some question regarding with tax return... I want to file tax return in california but i am not working yet... And my husband doesnt want to file jointly... Am I qualified to file tax return or do i have to wait for my EAD? If so what are the requirements? Thank You

Hypnos Grand Master

Hypnos   6,577

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If you have no income then you are not required to file, if you'd be filing "married filing separately".

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Dave&Roza Experienced

Dave&Roza   748

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Filed: Lift. Cond. (apr) Country: Kazakhstan
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Posted

Hi everyone... i just some question regarding with tax return... I want to file tax return in california but i am not working yet... And my husband doesnt want to file jointly... Am I qualified to file tax return or do i have to wait for my EAD? If so what are the requirements? Thank You

Why on Earth would your husband not want to file MFJ (married filing jointly)? Does he not realize that you having no income and by filing jointly he gets two standrad deductions to take off of his earned income?!?! Depending on his income level that can be a significant savings. All you need to file income taxes is a SSN. If you do not have a SSN number yet and your I-94 still has more then 2 weeks before it expires, run to your local SSA office and apply for a SSN in your VISA name. If the I-94 has expired, you will need to wait for the EAD--if you filed the I-765 with the AOS--or the GC. Have your husband do his taxes as MFJ and MFS and see which one causes him to owe less.

If he continues to insist on filing as MFS, I would still file a tax return even though you are not required to do so. That way you have proof that you did in fact file a tax return when removal of conditons (ROC) apply. The USCIS might want to know why you and your husband are not filing a joint tax return when ROC comes around and call you in for an interview, but not very likily.

Good luck,

Dave

sunshine2014 Contributor

sunshine2014   0

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Filed: K-1 Visa Country: Philippines
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Posted

Thank You Dave for your helpful respond...

I dont know why he doesn't want me to file jointly with him... I am currently unemployed can i just filed tax return as a dependant but I have no income...

He just said he doesn't want me to be in trouble also just incase he will have problem with IRS... So far he settled his tax issues with the IRS...

I am just so upset coz I know Filing jointly will help for my immigration status once we filed for Removal of conditional status...

He just said he will file separately... Can he also add my kids of me on his 1040 as dependents on his income?

Dave&Roza Experienced

Dave&Roza   748

Posted
Filed: Lift. Cond. (apr) Country: Kazakhstan
 Timeline
Posted

Thank You Dave for your helpful respond...

I dont know why he doesn't want me to file jointly with him... I am currently unemployed can i just filed tax return as a dependant but I have no income...

He just said he doesn't want me to be in trouble also just incase he will have problem with IRS... So far he settled his tax issues with the IRS...

I am just so upset coz I know Filing jointly will help for my immigration status once we filed for Removal of conditional status...

He just said he will file separately... Can he also add my kids of me on his 1040 as dependents on his income?

Your husband is being stubborn. He needs to file the return as MFJ and claim your kids as dependents. If you file MFS then you claim your kids unless somehow he managed to provide more than 50% of their support for the year or they lived with him for more than 50% of the year or he adopted them--then he can claim your children on his return.

Each person on your husbands tax return is worth $6200 in reducing his earned income. Does he really want to owe the US government more then he needs to?

You need to make him very aware that as a couple you are already involved as you are married and in some states his property is yours and his debt is yours. No way to get away from that unless you divorce. So he might as well take advantage of the situation and file the family's tax return that benefits the family. Filing MFS does not have an impact on your ROC unless the USCIS person reviewing your case looks at your situation and wonders why a couple with only one wage earner would file MFS when MFJ would benefit them as a couple. Given your situation I would want al lthe evidence I could get to prove the marriage is bona fide and the tax return MFJ is better than MFS.

Good luck and I hope your situation improves for the better,

Dave

 
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