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lizaanne

Listing your immigrant spouse as a dependant on your taxes.

By lizaanne in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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lizaanne Enthusiast

lizaanne   0

Posted
Filed: K-1 Visa Country: United Kingdom
 Timeline
Posted

Hello all! :luv:

Last year, I mentioned to my accountant that my husband would not be legal to work after arriving here until he received his EAD, and that it could be several months before he would be working. And told her about the Affidavit of Support. I asked her if he can be declared as a dependant on my taxes and she said yes. I am in the process of pulling all my documents together to send to her this week. A friend of mine looked at the tax code and can't find anything that states the he might qualify as a dependant - but that doesn't mean it's not possible.

Has anyone ever been able to declare their immigrant spouse as a dependant on their taxes because they are not legally able to work? While waiting for EAD?

Thanks much!

~Liza

10 Year Green Card Holder Since July 2009 --- Thank you Visa Journey!!! :-)

notrepetiteashley Community Regular

notrepetiteashley   0

Posted
Filed: AOS (apr) Country: Canada
 Timeline
Posted
You cant claim him as a dependent but you can claim him as a spouse and file Married Filing Jointly....

Kez

Exactly what I was going to say. :yes:

"Head high, shoulders back, purpose firm, and never slack!" ~Hetty King, Road to Avonlea (yes I am a Canadian-loving fool! Hahaha!) .png
5/23/03: Justin arrives to visit me in IA from SK.
6/7/03: We got married!
8/23/03: Filed I-130 from SK
8/25/03: Phoned border guards & asked if J could escort me back to IA, yes.
8/26/03: Arrive in IA
8/27/03: Went to USCIS local office to ask if J could stay in the US and file papers, yes
2004: I-130 approved!
6/05: Filed AOS/EAD
7/2/05: Rec'd receipt for I-485
8/05: Rec'd RFE for Biometrics
9/9/05: Rec'd RFE for medical
12/2/06: EAD APPROVED!
12/5/06: EAD card rec'd
1/15/06: AOS interview date for 4/11/06 at 11:00 a.m.
4/11/06: APPROVED!!!!!! NO MORE USCIS FOR 10 YEARS!!! WOOHOO!!! 2016...seems more like a page # than a year. Haha.

ridejewel Collaborator

ridejewel   0

Posted
Filed: K-1 Visa Country: Vietnam
 Timeline
Posted

Always trust a good accountant. Question is: Is she good?

K-1

Service Center :California Service Center

Consulate : Ho Chi Minh City, Vietnam

I-129F Sent :2006-06-23

I-129F NOA1 :2006-07-11

I-129F NOA2 :2006-10-11

NVC Left :2006-10-26

Consulate Received :2006-11-02

Packet 3 Received :2006-11-14

Packet 3 Sent :2006-11-15

Packet 4 Received :2007-01-22

Interview Date :2007-02-13 Submit Review

Visa Received :2007-02-14

US Entry :2007-02-20

Your interview took 235 days from filing.

Adjustment of Status

CIS Office :Seattle WA

Date Filed :2007-04-02

BioMetrics: 2007-05-03

Touched: 2007-05-04

Interview: 2007-07-19 PASSED!!!

Employment Authorization Document

Touched: 2007-05-04

Approved: 2007-6-18

Card Recieved: 2007-6-25

Removing Conditions

I-715 Sent California: 2009-4-23

I-715 recieved: 2009-4-24

I-797C NOA recieved 2009-5-16

Biometrics letter recieved: 2009-06-22

Biometrics: 2009-07-10

Approved: 2009-08-13

10 Year Card Arrived: 2009-08-18

sjoefl01 Community Regular

sjoefl01   1

Posted
Filed: K-1 Visa Country: Colombia
 Timeline
Posted

I think that the IRS knows that a spouse that is not working cost a lot more than a dependent. You can say "no" to the dependent, but if you say "no" to the spouse your life becomes unbearable!! The government feels sorry for you!!!

10 Nov mailed I 129F to TSC

16 Nov 29 Nov Notice date

3 Dec Received NOA 1

3 Jan 05 Please I just want to be touched

3 may 05 NOA2 E mail notification

7 May 05 Mail NOA2

11 May 05 sent petition to Bogota

18 May Packet 3 arrived

19 May Checklist taken to consulate

31 May Packet 4 delivered

29 June visa granted

1 July Visa delivered

Sometime in July Lucero came to US

13 Sept 05 Married

1 Nov 05 -USCIS recieved 485 and EAD

13 December RFE stupid things I should have included Returned very quickly

27 March received bio letter for New Orleans

7 Apr_06 Bio done in New Orleans

20 April 06 Touched on all applications

21 April Email received EAD approved

27 Apr Received EAD card

30 May 2006 Received appointment letter for JaX on 13 July 2006

13 July Interview successful approved

20 July Received green card

30 June 08 Sent I751 to remove conditions

25 July 08 Application returned erroneously incorrect fee

27 July mailed new application with separate checks

15 Sept 08 Application returned erroneously K2 not within 90 day timeframe

17 Sept Mailed 3rd application with mountains of proof of error copied Senator Mel Martinez

09 October 4th application package sent. This time they said the app signature page was a copy

10 Oct Sent package again 4th time.

25 Oct Received another NOA for Wife with $625 for the amount with one year extension

30 Oct 2008 Still nothing for step daughter. Checks still haven't cleared the bank

24 November Checks finally cleared the bank

February biometrics for wife Nothing for daughter.

lizaanne Enthusiast

lizaanne   0

Posted
Filed: K-1 Visa Country: United Kingdom
 Timeline
  • Author
Posted
Any reason why you would want to claim him as a dependant rather than file as "Married filing jointly"?

No - I didn't realize the filing married was the better way to go actually. Hey! I'm a newlywed - gimme a break! ;)

~Liza

10 Year Green Card Holder Since July 2009 --- Thank you Visa Journey!!! :-)

tiberonsuave Enthusiast

tiberonsuave   0

Posted
Filed: AOS (pnd) Country: Colombia
 Timeline
Posted

Altough it IS usually the best way to go it is not always the case. You can fill out the returns both ways and make an intelligent informed choice.

t

Any reason why you would want to claim him as a dependant rather than file as "Married filing jointly"?

No - I didn't realize the filing married was the better way to go actually. Hey! I'm a newlywed - gimme a break! ;)

~Liza

maryandatif Community Regular

maryandatif   0

Posted
Filed: AOS (pnd) Country: Morocco
 Timeline
Posted
Any reason why you would want to claim him as a dependant rather than file as "Married filing jointly"?

No - I didn't realize the filing married was the better way to go actually. Hey! I'm a newlywed - gimme a break! ;)

~Liza

Here's waht I did when Atif arrived last March.

WE filed married filing jointly [which is the lowest tax rate BTW], I was unable to claim him in the Standard deductions, BUT AFTER he received his EAD and SS# we filed IRS Form-1040-X [Amended return] and able to claim the standard deduction for him as well as the Earned Income Credit for my son [which I was unable to claim prior--b/c hubby didn't have SS#]

When we sent in the 1040X we received a refund which should be arriving anyday now---it takes 6-8 weeks for them to actually finish reworking the 1040X...maybe as many as 12 weeks--I forgot :blush:

Good Luck!

Mary K.

Mary (NC) Atif (Youssoufia)

NOA2 for 129F on 16 Nov 2005......NOA2 for I-130 on 28 Nov 2005

INTERVIEW DATE SCHEDULED FOR 9AM[GMT] 27 FEBRUARY 2006-Issued 221g for Validity of relationship....told being sent back to USCIS/Atif Received Visa On 10 March 2006

AOS/EAD

10 July 2006--signed I-485 and I-765

25 July 2006 recieved NOA-1 for both

18 Aug 2006 Biometrics Appt.

21 Oct 2006 EAD arrives in mail

26 Dec 2006 received aapt.->01 Feb 2007 AOS interview->CANCELLED! rescheduled 01 Aug 2007-waiting

09 Feb '07-received denial of AOS--#######??!! MTR filed--Interview-01 Aug 07

27 Sept '07-I-765 [#2] filed--14 Nov '07 Biomerics for I-765 [#2]

Take it from me....GO TO THE AOS INTERVIEW DATE ANYWAY!!!!! EVEN IF YOU GET THE SNAIL MAIL NOTICE!!!

August 2009--Permanent Resident Card arrives!!!!

We are Finished with Immigration for 10 years!!!!

TracyLuis Proficient

TracyLuis   0

Posted
Filed: Lift. Cond. (pnd) Country: Peru
 Timeline
Posted

Adding to this--and I'm sure it's already been asked--how do you file your taxes if your spouse has no SSN? The Form W-7 says submit only if you do not have or are not eligible to receive a SSN.

Does this apply? I'm running out of time!!!

ONE DAY AT A TIME....

REMOVAL OF CONDITIONS

12/30/2008: Overnighted I-751 package to VSC

01/06/2009: Check cashed

01/06/2009: NOA (arrived 01/09/09)

01/23/2009: Biometrics appt letter received

01/31/2009: Biometrics scheduled

05/20/2009: APPROVED

06/23/2009: 10 Year Green Card arrived

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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