Need help; So confused about Taxes during AOS

[Tee and Megan 10]

Hi all!

I've searched around a bit on the forums, but can't find anything quite current for this tax season. I am in desperate need of answers to a few questions.

1. My husband just got here on Oct. 18, 2014 under a K-1 visa. He hasn't worked yet, (just got his EAD last week. Yay!) and still waiting for his Green Card. Since he has been in the U.S. only a few months and has had no income since coming here, do we need to file jointly? Or can i just say I'm married on my taxes and leave him off?

2. In Box 1 of a W-2, where it says wages, tips, other comp. is this number before or after taxes are taken out?

I should've made more than enough to cover the income requirement; but with all my taxes taken out, it looks like I didn't. Gah! Had a really panicky moment last night over this. If I add the taxes back into the "wages, tips, and other comp." number, I have more than enough, but if that number is after taxes had already been taken out, that really stinks. Trying not to freak out. Going to try to add in some of my babysitting money and other odd jobs to see if that will make ends meet. Anyway, thank you all so much for your help.

Blessings

Megan and Tee

[Jo Së 200]

1. My husband just got here on Oct. 18, 2014 under a K-1 visa. He hasn't worked yet, (just got his EAD last week. Yay!) and still waiting for his Green Card. Since he has been in the U.S. only a few months and has had no income since coming here, do we need to file jointly? Or can i just say I'm married on my taxes and leave him off? You can file "jointly" even if he didn't work. The other option would be to file "married filing separate", but there is no reason for that if he didn't have an income.

2. In Box 1 of a W-2, where it says wages, tips, other comp. is this number before or after taxes are taken out? That is how much federal income you earned before taxes

Edited March 10, 2015 by Jose&Eli

[KayDeeCee 4,893]

1. You can file jointly, even if only one spouse has an income. Also, the non-resident can choose to be treated as a resident for the whole tax year. You need to include a statement, so would need to paper file instead of e-filing > http://www.irs.gov/Individuals/International-Taxpayers/Nonresident-Spouse-Treated-as-a-Resident

2. Box 1 is what you made before taxes, your taxable income. Box 2 is the amount of federal taxes that were withheld.

~ Moving from AOS from Family Based Visas to Tax & Finances During US Immigration - topic is filing taxes ~

[carton025 38]

If you want to pay less in taxes and have the best hope for a bigger refund, file as "Married - filing Jointly." To see the different in taxes and possible refund(s) do the "filing" process both ways - "Married - filing Jointly," and "Married - filing Separately" and see which method you get the best benefit. You can e-file. I have prepared and e-filed several tax returns for married couples this year like yourself and they have already gotten their tax refunds without including any "statement."

[KayDeeCee 4,893]

The OP can choose whether or not to follow the instructions directly from the IRS for filing their taxes, which can be found in the link I provided, or in Pub 519 on page 9 > http://www.irs.gov/pub/irs-pdf/p519.pdf

[Nich-Nick 3,354]

You can e-file. I have prepared and e-filed several tax returns for married couples this year like yourself and they have already gotten their tax refunds without including any "statement."

Then you didn't follow the IRS Instructions if one of the spouses was actually a non-resident alien.

[Nich-Nick 3,354]

2. In Box 1 of a W-2, where it says wages, tips, other comp. is this number before or after taxes are taken out?

I should've made more than enough to cover the income requirement; but with all my taxes taken out, it looks like I didn't. Gah! Had a really panicky moment last night over this. If I add the taxes back into the "wages, tips, and other comp." number, I have more than enough, but if that number is after taxes had already been taken out, that really stinks. Trying not to freak out. Going to try to add in some of my babysitting money and other odd jobs to see if that will make ends meet. Anyway, thank you all so much for your help.

Blessings

Megan and Tee

This second question sounds like you are worrying about income requirements for your I-864 sponsorship. The figure for that is your total income before taxes. When you finish your tax return, it will be the number on line 22 of Form 1040.

[Tee and Megan 10]

Thanks so much everyone. Just really frustrated now with the Health Insurance Marketplace. I called when he first arrived and they told me he wasn't eligible for health insurance until he received his Green Card. Now they are saying I need to apply for an exemption through the IRS, even though when I called earlier this week, they said they would work on it for me and call me back. Maybe they will still call me back though? One guy said he'd never heard of a K-1 visa. Then they told me I shouldn't even claim him on my taxes if he doesn't have a GC. Gah! So darn confused. All this just to prove he was exempt from having insurance for the three months he was here before the year ended. I sure hope we can figure this out.

[asisflyer 47]

Federal marketplace will accept NOA (797c receipt) for I-485 or NOA (797c receipt) for I-765 for qualification purposes if you do not apply for a tax credit ( manually say no tax credit sought or say married filing separately so you don't qualify for it).

You said husband arrived October 2014 on K-1. You said EAD last week in 2015. So with no green card in 2014, substantial presence test applies for 2014. Oct, Nov, Dec around 90 days + 2014(days) + (2013 days / 3) + (2012 days / 6) .. is it greater than 183 ? If not and no green card in 2014, then he is NON RESIDENT ALIEN in CY'2014. You could file Married Filing Separately. List spouse name in name section (USCIS will expect it there). For social of husband, write in NRA. (Note than this prevents electronic filing and NRA is normal procedure but not supported in efiling systems).

Alternatively, as was referred to above, you can elect to make him a resident for tax purposes. Be ready for what that entails as his worldwide 2014 income would then have to be disclosed on the return. For many, this is not worth it.

Remember that as far as exemptions go, all parties claimed as exemptions must have SSN.

Good luck.

Edited March 12, 2015 by asisflyer

[Tee and Megan 10]

Federal marketplace will accept NOA (797c receipt) for I-485 or NOA (797c receipt) for I-765 for qualification purposes if you do not apply for a tax credit ( manually say no tax credit sought or say married filing separately so you don't qualify for it).

You said husband arrived October 2014 on K-1. You said EAD last week in 2015. So with no green card in 2014, substantial presence test applies for 2014. Oct, Nov, Dec around 90 days + 2014(days) + (2013 days / 3) + (2012 days / 6) .. is it greater than 183 ? If not and no green card in 2014, then he is NON RESIDENT ALIEN in CY'2014. You could file Married Filing Separately. List spouse name in name section (USCIS will expect it there). For social of husband, write in NRA. (Note than this prevents electronic filing and NRA is normal procedure but not supported in efiling systems).

Alternatively, as was referred to above, you can elect to make him a resident for tax purposes. Be ready for what that entails as his worldwide 2014 income would then have to be disclosed on the return. For many, this is not worth it.

Remember that as far as exemptions go, all parties claimed as exemptions must have SSN.

Good luck.

Thanks so much for this info! So, what you're saying is the Marketplace was mistaken, he's not actually exempt and we will probably have to pay a fee?

[sexymackeral 14]

Thanks so much everyone. Just really frustrated now with the Health Insurance Marketplace. I called when he first arrived and they told me he wasn't eligible for health insurance until he received his Green Card. Now they are saying I need to apply for an exemption through the IRS, even though when I called earlier this week, they said they would work on it for me and call me back. Maybe they will still call me back though? One guy said he'd never heard of a K-1 visa. Then they told me I shouldn't even claim him on my taxes if he doesn't have a GC. Gah! So darn confused. All this just to prove he was exempt from having insurance for the three months he was here before the year ended. I sure hope we can figure this out.

I would go by the IRS regulations for claiming a spouse rather than what the people at the Health Insurance Marketplace say....

Others have posted about the two options of married filing jointly or married filing separately and provided the IRS site.