filling taxes whilst waiting for AOS

[redstripe54 42]

Hi everyone, once again I find myself having to ask the great people on this VJ for help, what an amazing place it is!

I arrived on my K1 VISA in the US on November 13th 2015, got married on December 23rd 2015.

I earn a pension from the UK and also some rental from a property, maybe $38000

My USC wife has to file her personal taxes now for 2015, does she put me on her taxes, MFS or MFJ? or even at all?

When do I have to pay taxes to the US, when I get a green card and become a legal permanent resident after AOS, or the date I arrived and like now waiting for AOS in limbo?

I'd sure appreciate some help on this thanks in advance all you great people out there!!!

[Nich-Nick 3,354]

You will find different versions of this same question are answered all over this Tax forum with some good detailed answers. You have to do nothing but you and the wife may choose to file jointly by following some specific requirements. Start reading threads.

[redstripe54 42]

Thanks Nich-Nick as usual, just one question to you though, what are you classed as when you arrive on a K1 before receiving AOS, am I an alien resident.

[Nich-Nick 3,354]

My experience:

My husband arrived the week of Oct 1 and we married the same week. He was a non-resident alien by IRS definition. (I read IRS Publication 519 about three times.)

He had no US employment or EAD being a K1 in that tax year. He had no tax obligation to file.

I chose to file jointly with him and wrote the election statement we signed to be treated as a resident alien.

We claimed his UK earnings from Jan - Sept 1 (quitting date) on the joint return.

I got a $2000 refund, the first refund EVER in decades of filing. I was chuffed and found one more reason to love him.

I used TurboTax. I created another return to check it out with just me Married Filing Separately. I owed a little.

Everybody should try it both ways because each taxpayer has their own situation.

Remember taxes and immigration are sorta two different things. For taxes you see how the IRS defines your status --Resident or Non-Resident alien.

Edited February 29, 2016 by Nich-Nick

[michaelasheu 3]

My experience:

My husband arrived the week of Oct 1 and we married the same week. He was a non-resident alien by IRS definition. (I read IRS Publication 519 about three times.)

He had no US employment or EAD being a K1 in that tax year. He had no tax obligation to file.

I chose to file jointly with him and wrote the election statement we signed to be treated as a resident alien.

We claimed his UK earnings from Jan - Sept 1 (quitting date) on the joint return.

I got a $2000 refund, the first refund EVER in decades of filing. I was chuffed and found one more reason to love him.

I used TurboTax. I created another return to check it out with just me Married Filing Separately. I owed a little.

Everybody should try it both ways because each taxpayer has their own situation.

Remember taxes and immigration are sorta two different things. For taxes you see how the IRS defines your status --Resident or Non-Resident alien.

Hi Nich-Nick, I've seen some of your replies and it's really helpful!

However I still have a question.. My husband uses TurboTax too, since I want to be treated as a resident alien and file jointly with him, I know we need to write the election statement. But where should we file that statement to? Can we file that statement through TurboTax??

[Nich-Nick 3,354]

Hi Nich-Nick, I've seen some of your replies and it's really helpful!

However I still have a question.. My husband uses TurboTax too, since I want to be treated as a resident alien and file jointly with him, I know we need to write the election statement. But where should we file that statement to? Can we file that statement through TurboTax??

You write it, sign it, then print it. There is no way to efile and include the election statement. You print the whole tax return and file by mail including your statement. Next year you can get back to efile.

[michaelasheu 3]

You write it, sign it, then print it. There is no way to efile and include the election statement. You print the whole tax return and file by mail including your statement. Next year you can get back to efile.

Thank you so much. =)

[Expat1 971]

Hi everyone, once again I find myself having to ask the great people on this VJ for help, what an amazing place it is!

I arrived on my K1 VISA in the US on November 13th 2015, got married on December 23rd 2015.

I earn a pension from the UK and also some rental from a property, maybe $38000

My USC wife has to file her personal taxes now for 2015, does she put me on her taxes, MFS or MFJ? or even at all?

When do I have to pay taxes to the US, when I get a green card and become a legal permanent resident after AOS, or the date I arrived and like now waiting for AOS in limbo?

I'd sure appreciate some help on this thanks in advance all you great people out there!!!

Your most likely best choice from a tax standpoint is to choose to be treated as a resident alien for the tax year, declare your UK income then exempt it, and file MFJ. It puts your household in a lower US income tax bracket.

You are far below the foreign earned income exemption, so though you will declare your income you can subtract up to (I believe this year is $102K) from it.

Hope that helps

From the standpoint of when you have to pay taxes, no matter the basis (foreign resident or physical presence) it is from 34 days after the day you arrived in the US. That's married or not, so you might as well file MFJ.

Welcome to 'Merica LOL

[Nich-Nick 3,354]

Your most likely best choice from a tax standpoint is to choose to be treated as a resident alien for the tax year, declare your UK income then exempt it, and file MFJ. It puts your household in a lower US income tax bracket.

You are far below the foreign earned income exemption, so though you will declare your income you can subtract up to (I believe this year is $102K) from it.

Hope that helps

Not exactly true. The income exclusion is prorated. If you are outside the US the entire year, you can exclude up to the maximum $100, 800. But for example if you entered on a visa around July 1(half a year foreign) then you only are allowed half of the maximum exclusion. $100,800 x .50 = $50,400 is the most you could exclude. If you look at the form, you have to calculate the exact number of days to create a percentage of the maximum. If you use software like TurboTax, it calculates it all for you based on dates you enter.

From the standpoint of when you have to pay taxes, no matter the basis (foreign resident or physical presence) it is from 34 days after the day you arrived in the US. That's married or not, so you might as well file MFJ.

Welcome to 'Merica LOL

Anybody who doesn't earn an income in the US does not have to "pay taxes" no matter if they just got here or been here all their life. It's an income tax. You can't tax $0 income. There is no requirement to file. The partner who earned money can file separately.

Not sure where you got the 34 day reference. Got a source?

Edited March 4, 2016 by Nich-Nick

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[Nich-Nick 3,354]

I think maybe our miscommunications was when you said to the foreign OP who didn't work in the US in 2015 (nor had a greencard or enough physical presence days in the US to be a resident) had to PAY taxes if he was here for only 34 days. He has no taxable US income or residency, so doesn't have to do anything with the IRS for 2015, especially not pay them money. It was the word "pay" I thought might confuse.

If he chooses to file jointly with his American spouse, then he reports the UK income. We both agree that's the better choice.

And I understand if you Expat1 are American or a greencard holder, you are obligated to file a return even if you are earning elsewhere, and you may have to pay something as well depending on your situation. I should have said anybody who does not earn an income does not have to pay. In the OP's case, he's not obligated to the IRS for 2015 unless he chooses to file with the wife.

Sorry I offended you, For the record, I'm not a dude. I'm a grandmother who never intends to be rude.