Filing 2017 taxes for myself and my K1 Spouse - Resident or Non Resident & Other Questions

[Fallingstar12 4]

Hello, all. Hopefully you can help me in answering a few questions. I'll explain it very simply - or as simply as I can...

 

Husband and I married 07/27/17 after his admittance on a K1 Visa.

He has a social security number. He's lived here now since July 2017.

He doesn't work - did not work in the US at all during 2017.

He has an EAD we received 12/26/17... has not used... does not work.

Current status: Adjustment of Status (AOS) - waiting for date for Green Card Interview - USCIS informed us he's ready to interview as of end of October 2017 - just waiting on a date they are to schedule.

 

Questions:

1) I've seen a lot of posts asking about whether to file, jointly, single etc.... I'm filing 2017 taxes. He moved here July 2017. Never worked here.

    a) Do I file Married filing jointly

    b) If I file Married filing jointly, do I mark him down as a resident alien, non-resident, or whatever else? He is in AOS at the moment. I'm assuming resident alien? He has resided here since July 2017 and will continue to.

    c) He made $0 in 2017 in the US. So does he have to be on the taxes at all????? I'm sure it'll help with getting more $ back obviously but is it necessary? Harder? Easier? Your experience? Your move?

 

2) Say after answering the above, I DO file Married Filing Jointly and listing him as _________________, what are the benefits of doing this? What would be the losses of not doing this?

 

3) If I am putting him on my 2017 taxes, am I still claiming head of household? I work. I have a daughter (I'm her primary residence and custodial parent). So it's me, my daughter and my husband. 3 people.

 

4) If I am putting him on my 2017 taxes, will it take longer to get the tax return refund back? I usually have filed online with HR tax software online and past year Turbo Tax software online and they were quick - it was simple returns - no house, bonds etc or stocks or 401k - and just my daughter and I and my jobs I listed. Will putting him on taxes slow the process down (ie. will they be looking closer at my return as a result and slowing it down in the process)?

 

5) #4 brings me to my last question - how did you (or someone else) go about filing taxes when the got married to a K1 visa immigrant and they were in AOS for that tax year and didn't work?

 

6) Finally, #6 - thanks for bearing with me, guys! ... does he have to report ANYTHING about his taxes from the United Kingdom for the year of 2017? (He worked in the UK until he moved over in July 2017). This has been a major question of both his and ours.

 

THANKS! Add anything else if you feel it's helpful!

 

HAPPY NEW YEAR, EVERYONE!

 

[Nitas_man 3,100]

File married/jointly, report his UK income as foreign earned, then exclude it either based on bonafide resident (UK) or physical presence, if he spent less than 330/365 days out of the US prior to entry.

 

35 minutes ago, Fallingstar12 said:

Hello, all. Hopefully you can help me in answering a few questions. I'll explain it very simply - or as simply as I can...

 

Husband and I married 07/27/17 after his admittance on a K1 Visa.

He has a social security number. He's lived here now since July 2017.

He doesn't work - did not work in the US at all during 2017.

He has an EAD we received 12/26/17... has not used... does not work.

Current status: Adjustment of Status (AOS) - waiting for date for Green Card Interview - USCIS informed us he's ready to interview as of end of October 2017 - just waiting on a date they are to schedule.

 

Questions:

1) I've seen a lot of posts asking about whether to file, jointly, single etc.... I'm filing 2017 taxes. He moved here July 2017. Never worked here.

    a) Do I file Married filing jointly - Yes, it is usually better for both of you, as it reduces the USC's tax burden much lower than MFS.

    b) If I file Married filing jointly, do I mark him down as a resident alien, non-resident, or whatever else? He is in AOS at the moment. I'm assuming resident alien? He has resided here since July 2017 and will continue to. Resident alien for tax purposes

    c) He made $0 in 2017 in the US. So does he have to be on the taxes at all????? I'm sure it'll help with getting more $ back obviously but is it necessary? Harder? Easier? Your experience? Your move? MFJ from the beginning builds your relationship case for ROC later

 

2) Say after answering the above, I DO file Married Filing Jointly and listing him as _________________, what are the benefits of doing this? What would be the losses of not doing this?  Spouse + dependent, the benefits are the difference in tax vs. filing married/separately

 

3) If I am putting him on my 2017 taxes, am I still claiming head of household? I work. I have a daughter (I'm her primary residence and custodial parent). So it's me, my daughter and my husband. 3 people. You cannot claim head of household if you are married. 

 

4) If I am putting him on my 2017 taxes, will it take longer to get the tax return refund back? I usually have filed online with HR tax software online and past year Turbo Tax software online and they were quick - it was simple returns - no house, bonds etc or stocks or 401k - and just my daughter and I and my jobs I listed. Will putting him on taxes slow the process down (ie. will they be looking closer at my return as a result and slowing it down in the process)? No

 

5) #4 brings me to my last question - how did you (or someone else) go about filing taxes when the got married to a K1 visa immigrant and they were in AOS for that tax year and didn't work? Once you are married, file married/jointly and declare worldwide income

 

6) Finally, #6 - thanks for bearing with me, guys! ... does he have to report ANYTHING about his taxes from the United Kingdom for the year of 2017? (He worked in the UK until he moved over in July 2017). This has been a major question of both his and ours. We filed married / jointly in 2008 for 2007 tax year, and my wife had never stepped foot in the country.  I added her overseas income to mine, filed foreign earned income exclusion which subsequently excluded it, and her income made no difference.  You will need to do the same, file married / jointly, file foreign earned income exclusion for the part of the year that he was not in the US, and then exclude based on bonafide resident of UK or hopefully if he spent <330 days out of the US before he arrived you can file based on physical presence, which usually lets you exclude a little more.  So around $55K of his income drops immediately off the books, leaving you at MFJ and MUCH lower tax bracket on your income.  That's usually how it works.

 

THANKS! Add anything else if you feel it's helpful!

 

HAPPY NEW YEAR, EVERYONE!

 

My answers to your questions, based on years and years of dealing with foreign earned income.

[payxibka 10,045]

1 hour ago, Fallingstar12 said:

Hello, all. Hopefully you can help me in answering a few questions. I'll explain it very simply - or as simply as I can...

 

Husband and I married 07/27/17 after his admittance on a K1 Visa.

He has a social security number. He's lived here now since July 2017.

He doesn't work - did not work in the US at all during 2017.

He has an EAD we received 12/26/17... has not used... does not work.

Current status: Adjustment of Status (AOS) - waiting for date for Green Card Interview - USCIS informed us he's ready to interview as of end of October 2017 - just waiting on a date they are to schedule.

 

Questions:

1) I've seen a lot of posts asking about whether to file, jointly, single etc.... I'm filing 2017 taxes. He moved here July 2017. Never worked here.

    a) Do I file Married filing jointly

    b) If I file Married filing jointly, do I mark him down as a resident alien, non-resident, or whatever else? He is in AOS at the moment. I'm assuming resident alien? He has resided here since July 2017 and will continue to.

    c) He made $0 in 2017 in the US. So does he have to be on the taxes at all????? I'm sure it'll help with getting more $ back obviously but is it necessary? Harder? Easier? Your experience? Your move?

 

2) Say after answering the above, I DO file Married Filing Jointly and listing him as _________________, what are the benefits of doing this? What would be the losses of not doing this?

 

3) If I am putting him on my 2017 taxes, am I still claiming head of household? I work. I have a daughter (I'm her primary residence and custodial parent). So it's me, my daughter and my husband. 3 people.

 

4) If I am putting him on my 2017 taxes, will it take longer to get the tax return refund back? I usually have filed online with HR tax software online and past year Turbo Tax software online and they were quick - it was simple returns - no house, bonds etc or stocks or 401k - and just my daughter and I and my jobs I listed. Will putting him on taxes slow the process down (ie. will they be looking closer at my return as a result and slowing it down in the process)?

 

5) #4 brings me to my last question - how did you (or someone else) go about filing taxes when the got married to a K1 visa immigrant and they were in AOS for that tax year and didn't work?

 

6) Finally, #6 - thanks for bearing with me, guys! ... does he have to report ANYTHING about his taxes from the United Kingdom for the year of 2017? (He worked in the UK until he moved over in July 2017). This has been a major question of both his and ours.

 

THANKS! Add anything else if you feel it's helpful!

 

HAPPY NEW YEAR, EVERYONE!

 

1) You are MARRIED...  You cannot file as a single individual.  Your tax filing status is based on your marital status as of the last day of the year

2) Spouse.  Possible lower tax liability.  Possible higher tax liability

3) You are MARRIED, HOH is for a single head of household.  You are not eligible for this status any more

4) No difference in refund timing

5)  There immigrant status has no bearing on the tax status.  The could be in a foreign country and you would still file as a married individual (MFS, MFJ)

6) He should comply with UK tax law for 2017 and beyond if required to do so

[Italian_in_NYC 259]

Just taking a guess (assuming his UK income is salary), probably better tax liability by filing jointly federal (he takes foreign tax credit on form 1116) and MFS State (if any).

Watch out for information returns if you go MFJ (FBAR, 8938, 5471, whatever applies).

[Pee&Eee 70]

On 1/3/2018 at 12:23 PM, payxibka said:

1) You are MARRIED...  You cannot file as a single individual.  Your tax filing status is based on your marital status as of the last day of the year

2) Spouse.  Possible lower tax liability.  Possible higher tax liability

3) You are MARRIED, HOH is for a single head of household.  You are not eligible for this status any more

4) No difference in refund timing

5)  There immigrant status has no bearing on the tax status.  The could be in a foreign country and you would still file as a married individual (MFS, MFJ)

6) He should comply with UK tax law for 2017 and beyond if required to do so

Hi, I am in a similar situation do I file as a Non-resident or resident alien? They require that we add a  statement to do that.

[Zzyzx 106]

Here is a nice link that may be a big help for those that want to take advantage of the increased deductions this year.   This would be a great option if your spouse didn't make much money overseas. 

 

https://www.irs.gov/individuals/international-taxpayers/nonresident-alien-spouse

[Italian_in_NYC 259]

Sometimes it's more advantageous to just claim FTC (Foreign Tax Credit).

Income Tax in the UK (for individuals) are generally higher than here.

[CharmD720 1]

On 1/19/2018 at 7:46 AM, PrisEri said:

Hi, I am in a similar situation do I file as a Non-resident or resident alien? They require that we add a  statement to do that.

I wish someone could answer your question regarding the statement. How do you attach a statement to TurboTax!? My wife got here July 2017 too but we haven't done AOS we are waiting for me to do these taxes to do our AOS. I give up on any health care exemption and will just pay the $700 for her not having it the whole year of 2017 even tho she didn't get here til July 2017..i just need to know about this same thing as you 

[payxibka 10,045]

ever think about asking turbotax this quetion?

[Italian_in_NYC 259]

2 hours ago, CharmD720 said:

I wish someone could answer your question regarding the statement. How do you attach a statement to TurboTax!? My wife got here July 2017 too but we haven't done AOS we are waiting for me to do these taxes to do our AOS. I give up on any health care exemption and will just pay the $700 for her not having it the whole year of 2017 even tho she didn't get here til July 2017..i just need to know about this same thing as you 

I don't know about TurboTax as I always worked on Prosystem or Gosystem (CPA firms use those), but it should really be a simple thing.

I'm pretty sure you can do it.

[Homeskin 1]

Hi guys, 

 

I've asked this question elsewhere but can anyone recommend a piece of tax software (I'm an immigrant to the US from the UK and need to jointly file with my wife who is a US citizen) 

 

Thanks!

 

H