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Dave013012536

W2 Question.

By Dave013012536 in Tax & Finances During US Immigration

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Dave013012536 Apprentice

Dave013012536   0

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Filed: K-1 Visa Country: United Kingdom
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I have been reading various threads in the 'Tax & Finances During US Immigration' Forum but can't seem to find a specific - Here is the dilemma.

I married last year (Oct-2015) using a K-1 visa. I'm still in the process of Adjustment of Status. I have a social security number, but have no income in America. My wife is now filing taxes. Do we file married jointly or married separately? From what we've found, we should file jointly, even though I'm a non-resident, I can choose to be a resident for tax purposes, but then will have to include my income that I made in 2015 in the UK, but that shouldn't affect us too much as USA and UK have a tax treaty. Does anyone have an experience with this? Does this sound like the route we should go? Any advice is appreciated.

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MariaR323 Proficient

MariaR323   199

Posted
Filed: K-1 Visa Country: Mexico
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Yes, sounds exactly like the route you should take. MFJ is the most beneficial. Don't forget to include the statement that you are electing to be treated as a resident for tax purposes.

Maria ~ U.S. Citizen

 

K-1 & K-2 Process (Completed in 4 mos. 8 days)

 

1/19/16: I-129F Package recv'd by USCIS via FedEx overnight

4/1/16: NOA2 Approval :dancing:

5/17/16: Interview :star: - APPROVED :dance:

5/25/16 : Visas in hand! :thumbs: 

Aug 2016: Wedding (L)

AOS/EAD/AP Process, K-1 & K-2 (Completed in 4 mos. 15 days)

 

9/21/16: Package recv'd by USCIS via FedEx overnight [Day 1]

10/24/16: AOS Cases (I-864) RFIE recv'd hardcopy [Day 29]

12/23/16: AOS Case Status Updates - Interview Scheduled, text recv'd [Day 94] :dancing:

1/17/17: EAD/AP Combo Card recv'd via USPS Priority Mail [Day 119]

1/27/17: AOS Interview :star: - APPROVED!! :dance:  [Day 129 / 120 w/ 9day RFIE delay]

1/27/17: AOS Case status update - Approved | 1/31/17: New Card in Production | 2/1/17: Card Was Mailed

2/4/17: Green Cards Arrived :thumbs:

ROC Process, Spouse & 2 Step-Sons (Completed in 23 mos. 22 days)

 

1/25/19: Package recv'd by USCIS via FedEx overnight [Day 1]

1/29/19: NOA notice date, text & email recv'd, routed to CSC

2/1/19: NOA 18mo. Extension Letter arrived in the mail, for wife only [Day 7]

3/13/19: Filed SR for non-receipt of NOA for I-751A dependents [Day 48] | 3/21/19: Recv'd NOA for 2 stepsons [Day 56]

4/29/19: Biometrics (Scheduled) Appt Completed [Day 95]

8/28/20: Case Status Update - RFE [Day 582 ~ 19 mos. 4 days] | 11/20/20: Case Status Update - RFE response recv'd [Day 666 ~ 21 mos. 27 days]

1/7/21: Case Status Update - New Card in Production :dance: [Day 714 ~ 23 mos. 14 days] 

1/15/21: Green Cards Arrived :thumbs:[Day 722 ~ 23 mos. 22 days]

Naturalization Process for Spouse - in research stage (Completed in X mos. X days)

 

8/7/24: started research and prep for upcoming filing of N-400 Online

TBD: Filed N-400 Online

 :)

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Nich-Nick Grand Master

Nich-Nick   3,354

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

I have been reading various threads in the 'Tax & Finances During US Immigration' Forum but can't seem to find a specific - Here is the dilemma.

I married last year (Oct-2015) using a K-1 visa. I'm still in the process of Adjustment of Status. I have a social security number, but have no income in America. My wife is now filing taxes. Do we file married jointly or married separately? From what we've found, we should file jointly, even though I'm a non-resident, I can choose to be a resident for tax purposes, but then will have to include my income that I made in 2015 in the UK, but that shouldn't affect us too much as USA and UK have a tax treaty. Does anyone have an experience with this? Does this sound like the route we should go? Any advice is appreciated.

Yes there are many threads about this in the Tax and Finance forum. Just start looking down the list and finding them. You may have missed the part about there is a Foreign Income Exclusion (Form 2555 or 2555EZ) that you fill out with your tax return to minimize any effect of reporting your UK income.

Here's a couple of my posts

http://www.visajourney.com/forums/topic/581141-taxes-for-aos/?p=7958190

http://www.visajourney.com/forums/topic/580733-2015-taxes-when-arrived-as-k1-in-july-no-gc-yet/?p=7954734

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

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