AOS November 2016 Filers

[Suss&Camm 2,213]

10 minutes ago, angie33 said:

I don't really know where and when we have to fill the tax.. I have a SSN but don't work. Do i need to fill it? And where?

You can file MFJ (married filing jointly) meaning you and your husband will file one return together with your joint 2016 income. To do this you have to opt to treat you as a tax resident for 2016 which is done by sending a statement of this with your taxes. This means you cannot file by e-filing this year (if this will be your choice). It most likely will benefit you most since filing jointly mean you get 2x the spousal exemption on the taxes. Filing jointly is also considered good evidence for co-mingling of finances for the future aos interview and/or ROC etc. If you had foreign income during 2016 you can also get the foreign earned income exclusion FEIE. 

It's a bit of reading to do if you want to do this all by yourself and your husband isn't familiar with it either. I spent weeks and weeks on here (taxes forum) and the IRS website reading the publications. The option is to find a tax preparer to help you with it. It's not that expensive. The taxes need to be filed by end of April (don't remember the exact date on the top of my head). A tax preparer will help you file the most beneficial way applicable to your circumstances, but make sure they are familiar with married to non-resident tax laws.

Edited January 22, 2017 by Suss&Camm

[Suss&Camm 2,213]

Here's a good summary that Maria did that was pinned...

 

[cricketman 22]

Fingerprinting done last friday...now more waiting

[cricketman 22]

anyone have a link to the election statement for the tax ? the link above is not working

[clauandgio 22]

1 minute ago, cricketman said:

anyone have a link to the election statement for the tax ? the link above is not working

• Just go to Tax & Finances During US Immigration and you will see the post Pinned.
•  

[angie33 10]

On 22/01/2017 at 0:02 PM, Suss&Camm said:

You can file MFJ (married filing jointly) meaning you and your husband will file one return together with your joint 2016 income. To do this you have to opt to treat you as a tax resident for 2016 which is done by sending a statement of this with your taxes. This means you cannot file by e-filing this year (if this will be your choice). It most likely will benefit you most since filing jointly mean you get 2x the spousal exemption on the taxes. Filing jointly is also considered good evidence for co-mingling of finances for the future aos interview and/or ROC etc. If you had foreign income during 2016 you can also get the foreign earned income exclusion FEIE. 

It's a bit of reading to do if you want to do this all by yourself and your husband isn't familiar with it either. I spent weeks and weeks on here (taxes forum) and the IRS website reading the publications. The option is to find a tax preparer to help you with it. It's not that expensive. The taxes need to be filed by end of April (don't remember the exact date on the top of my head). A tax preparer will help you file the most beneficial way applicable to your circumstances, but make sure they are familiar with married to non-resident tax laws.

 

Thank you, looks like a lot! What happens if I don't fill the tax? lol

[Suss&Camm 2,213]

3 minutes ago, angie33 said:

 

Thank you, looks like a lot! What happens if I don't fill the tax? lol

Well, if you're not required to file, nothing will happen... but you are losing out on potentially a lot of money as a couple. First if you're not filing then your husband will have to file married filing separately (MFS). He has to file as married as he is in fact married. This means that you only get 1 spousal exemption on the taxes. For 2016 each exemption is $4,050... so that's a considerable amount. If filing MFJ you would get $8,100 in spousal exemptions... Also you are still just filing ONE return... so I don't see the point of doing it MFS... I got a quota from a tax preparer and she wanted around $30.. that's nothing in comparison..

 

Did you have foreign income during 2016?? This can reduce your joint tax liability further since the foreign earned income exclusion allows to exclude up to around $100,000 ... you will get non-refundable tax credits that reduce your joint tax liability dollar for dollar...

 

Add to this the extra USCIS evidence of co-mingling of finances, I see absolutely NO good reason not to file..

 

 

[Suss&Camm 2,213]

Since according to IRS publication 519

"Under U.S. immigration law, a lawful permanent resident who is required to file a tax return as a resident and fails to do so may be regarded as having abandoned status and may lose permanent resident status"

Anyone reading this should just be aware of that.. If you are in fact required to file, then there are more implications of not filing-- important when we all move on in this process...

You can read the whole document here

https://www.irs.gov/pub/irs-pdf/p519.pdf

[engelsol 0]

18 minutes ago, Suss&Camm said:

Well, if you're not required to file, nothing will happen... but you are losing out on potentially a lot of money as a couple. First if you're not filing then your husband will have to file married filing separately (MFS). He has to file as married as he is in fact married. This means that you only get 1 spousal exemption on the taxes. For 2016 each exemption is $4,050... so that's a considerable amount. If filing MFJ you would get $8,100 in spousal exemptions... Also you are still just filing ONE return... so I don't see the point of doing it MFS... I got a quota from a tax preparer and she wanted around $30.. that's nothing in comparison..

 

Did you have foreign income during 2016?? This can reduce your joint tax liability further since the foreign earned income exclusion allows to exclude up to around $100,000 ... you will get non-refundable tax credits that reduce your joint tax liability dollar for dollar...

 

Add to this the extra USCIS evidence of co-mingling of finances, I see absolutely NO good reason not to file..

 

 

Reading this with great interest.  But I am worry about the EAD card processing time.

We are almost on February.  According to VJ I should get mine at the end of February (no guarantee though)... So How many weeks it tales for the SSN to be approved and sent after applying?

And what is the exact end date on April to file taxes?

[hjha 4]

off topic - how is everyone doing? 

 

Today is 75 days from my NOA date. So I will be submitting an inquiry and we will see how it will go

[Suss&Camm 2,213]

10 minutes ago, engelsol said:

Reading this with great interest.  But I am worry about the EAD card processing time.

We are almost on February.  According to VJ I should get mine at the end of February (no guarantee though)... So How many weeks it tales for the SSN to be approved and sent after applying?

And what is the exact end date on April to file taxes?

I think exact date is April 18th...  About the EAD it can take up to 2 weeks until it is in the SAVE system after EAD is issued... once they try to verify against that at the SSO, if everything is fine verification is instantaneous... in this scenario you should have the card in 7-10 days of applying...  It can also take longer if there are not any other issues.. but hopefully it won't, sorry to not be able to give a definite answer.. the verification portion is the biggest unknow.

Edited January 23, 2017 by Suss&Camm

[hjha 4]

3 minutes ago, engelsol said:

Reading this with great interest.  But I am worry about the EAD card processing time.

We are almost on February.  According to VJ I should get mine at the end of February (no guarantee though)... So How many weeks it tales for the SSN to be approved and sent after applying?

And what is the exact end date on April to file taxes?

you can apply for SSN without an EAD. I got mine in a week.

 

I will probably file with a 0 income 

[engelsol 0]

1 minute ago, hjha said:

you can apply for SSN without an EAD. I got mine in a week.

 

Not in my case... I am doing AOS from a tourist visa... marriage with a citizen... So I have to wait...

[Suss&Camm 2,213]

1 minute ago, hjha said:

you can apply for SSN without an EAD. I got mine in a week.

 

I will probably file with a 0 income 

only if your i-94 is still not expired....  

So you are filing MFS?

[Suss&Camm 2,213]

Just now, engelsol said:

Not in my case... I am doing AOS from a tourist visa... marriage with a citizen... So I have to wait...

Yeah... that would be another reason..