Filing taxes after marriage, claiming dependants

[Jwen 4]

Hello Fellow VJers

My wife who is self-employed will be filing taxes in the coming months. We are planning to file married jointly but have a few questions:-

1. What is the benefit of filing for exclusion of my overseas income earned for the year... (am the K1 recipient.)

2. How can she claim my K2 children as dependents so we can maximize her refund entitlement. (Kids are in high school and college here.)

3. Is there any benefit to applying for an I-TIN # or just wait and hopefully we all get EAD by April.

Thanks guys

[KayDeeCee 4,893]

~ Moved from AOS from Family Based Visas to Tax & Finances During US Immigration - topic not AOS, about filing taxes ~

Edited February 23, 2015 by KayDeeCee

[Dave&Roza 748]

Hello Fellow VJers

My wife who is self-employed will be filing taxes in the coming months. We are planning to file married jointly but have a few questions:-

1. What is the benefit of filing for exclusion of my overseas income earned for the year... (am the K1 recipient.)

2. How can she claim my K2 children as dependents so we can maximize her refund entitlement. (Kids are in high school and college here.)

3. Is there any benefit to applying for an I-TIN # or just wait and hopefully we all get EAD by April.

Thanks guys

1) You do not pay taxes on the income if you can exclude it--that is the benefit.

2) You claim them because you are providing more than 50% of their support. They are your children. Your spouse gets to claim them because you are filing MFJ--what is your is hers and what is hers is yours.

3) forget the ITIN as you qualify for a SSN. If the SSN is not obtained by April 15th, file for an extension which will give you until October 15th to FILE your taxes--you still have to pay any amount due by April 15th or pay a penality and interest.

Dave

[Jwen 4]

Thank you, but am not sure what you mean when u say I claim them, as I am not yet with EAD.

[NigeriaorBust 4,087]

Are the children in the US ?

[KayDeeCee 4,893]

Thank you, but am not sure what you mean when u say I claim them, as I am not yet with EAD.

You can file jointly and claim the children you both support, whether or not you are currently employed.

[Nich-Nick 3,354]

Thank you, but am not sure what you mean when u say I claim them, as I am not yet with EAD.

If you file jointly, the tax return is as much yours as it is his. You supported those children in 2014. Right? Then they are dependents.

To file jointly, you need a SSN or an ITIN. You could have gotten a SSN when you entered on the K1 while you had an unexpired I-94. Probably too late to get one now until you get EAD. You can get an ITIN.

To get that requires your actual passport mailed off with the application or you can take it to an IRS center and get it verified. Then you send the ITIN application, with the tax return to a special filing address. They will process the ITIN and assign it to the tax return, then process your joint return. There is no e-filing.

Here's the page listing IRS places to get your passport certified so you don't have to actually mail it off with the tax return http://www.irs.gov/uac/TAC-Locations-Where-In-Person-Document-Verification-is-Provided

This is the special filing address for his tax return and your ITIN application

Internal Revenue Service

Austin Service Center

ITIN Operation

P.O. Box 149342

Austin, TX 78714-9342

Edited February 23, 2015 by Nich-Nick

[Jwen 4]

Thanks again team.

Yes, I have a SSN.

So best thing based on what y'all have said is to file as married jointly and if we don't get the EAD by April 15, apply for an extension and file after or file before and later send in an amendment?

That way the children would have their EAD which we can use to get their SSN.

[Dave&Roza 748]

Thanks again team.

Yes, I have a SSN.

So best thing based on what y'all have said is to file as married jointly and if we don't get the EAD by April 15, apply for an extension and file after or file before and later send in an amendment?

That way the children would have their EAD which we can use to get their SSN.

My comment about the extension was becuase I assumed you did not have a SSN and was waiting on the EAD in order to get the SSN. As you have a SSN, flie your taxes before April 15th. EAD has nothing to do with filing taxes. It allows you to work, but you also need a SSN in order to work so the employer can with hold income taxes from your wages. The children will need their GCs to get a SSN and I belive you need to provide their SSN on the 1040--I do not know as I have not filed for children. So now you are back to filing an extensionif all the required information is not available for your tax return by April 15th.

Dave

Edited February 23, 2015 by Dave&Roza

[Umka36 781]

My comment about the extension was becuase I assumed you did not have a SSN and was waiting on the EAD in order to get the SSN. As you have a SSN, flie your taxes before April 15th. EAD has nothing to do with filing taxes. It allows you to work, but you also need a SSN in order to work so the employer can with hold income taxes from your wages. The children will need their GCs to get a SSN and I belive you need to provide their SSN on the 1040--I do not know as I have not filed for children. So now you are back to filing an extensionif all the required information is not available for your tax return by April 15th.

Dave

Yes the children will need their SSN on the 1040.

[Jwen 4]

Ok..Thanks again and yes Nigeria/Bust they are K2 recipients and here in the US

[rin and john 71]

The children will need their GCs to get a SSN and I belive you need to provide their SSN on the 1040--I do not know as I have not filed for children. So now you are back to filing an extensionif all the required information is not available for your tax return by April 15th.

Dave

Either a SSN or ITIN will be required for the children. However, greencards are not necessary to get the children's SSN, we got our children's SSN once they had their EAD (make sure to file for the children's EAD when filing AOS).

[Jwen 4]

Yes, I did apply for EAD when we filed AOS. So the plan is to file taxes by April 15, and if we haven't gotten their EAD by then to submit an amendment after.

Got the official I-797 for all documents submitted today - I-485, I-131 and I-765