TAXES and 'conditional' vs 'permanent' resident

[thrashunreal 20]

Hi all.

 

My husband and I are currently awaiting either an interview or a waiver for my AOS submission, where I will (hopefully) receive my Conditional Resident Card. I have my EAD/AP already so just awaiting San Antonio to get a hustle on.

 

My first question is: It's tax time. My husband works full time and will be submitting his stuff to the tax man. I am not yet working, but have my EAD and a SSN. How would he file 'jointly' with me? I understand joint tax returns are an integral piece of evidence later down the line that we are co-mingling finances.

 

My second question: Is the 'conditional' resident card the same as a 'permanent' resident card?

[zeta054 111]

conditional GC is good for 2 years only then you will have to file for ROC to get your 10 yr GC. He would file joint on the taxes as head of household.

[f f 725]

7 minutes ago, zeta054 said:

conditional GC is good for 2 years only then you will have to file for ROC to get your 10 yr GC. He would file joint on the taxes as head of household.

he can not file as head of house they live together and there was no mention of children. file as jointly as husband and wife or married filing seperately if you get more money back.

 

you are considered a permanent resident for tax purposes even if you just have the conditional card.

 

good luck

[Wuozopo 4,293]

21 hours ago, thrashunreal said:

Hi all.

 

My husband and I are currently awaiting either an interview or a waiver for my AOS submission, where I will (hopefully) receive my Conditional Resident Card. I have my EAD/AP already so just awaiting San Antonio to get a hustle on.

 

My first question is: It's tax time. My husband works full time and will be submitting his stuff to the tax man. I am not yet working, but have my EAD and a SSN. How would he file 'jointly' with me? I understand joint tax returns are an integral piece of evidence later down the line that we are co-mingling finances.

 

My second question: Is the 'conditional' resident card the same as a 'permanent' resident card?

You will be a permanent resident when you get your card, but it will have the condition of needing additional evidence of your good faith marriage in order to renew it to a 10 year card. 

 

You married in 2016, so your husband can file a joint return with you. You will have to paper file so you can submit a signed statement with the return saying you both wish for you to be treated as a permanent resident for tax purposes. (e-filing doesn't allow for including a signed statement).  If you make that choice to file jointly, you report all worldwide income earned in 2016 by either of you. That means your UK earnings in 2016.  They are not taxed because you will include the form 2555 Foreign Earned Income Exclusion as part of the return. The taxes will be less filing Joint, even reporting your UK income. The other option is he files Married Filing Separately and you file nothing because you didn't earn any US income in 2016.  Either way, your name is on his return as spouse for immigration evidence down the road.  But your first concern should be which way gives you less taxes.