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Filing taxes for 2017... K1

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Ok, I have read many posts on here concerning the filing of taxes.   Here is some information....

POE was 12 Oct 2016

Married 7 November 2016

Spouse is K1 Visa holder and has SS#, no EAD yet, as it was filed 21 December 2016.

Income for visa holder for year abroad is 0.

 

Am I correct that we file married jointly?  My concern is to make sure on the election about treating as resident for tax purposes.  I am unclear, since we signed affidavit of support,  and how many exemptions do I claim?  Any help would be greatly appreciated.  This is not a CR1 category, so I have read conflicting posts as to how to file!  Thank you very much!

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Filed: K-1 Visa Country: Mexico
Timeline

Based on the info, sounds like MFJ would totally be in your favor.

 

Not sure about your reference to the AOS, but just make sure it coincides with your tax retuen. The AOS will provide details on what info to use from your tax return.

 

Maria

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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4 hours ago, MariaR323 said:

Based on the info, sounds like MFJ would totally be in your favor.

 

Not sure about your reference to the AOS, but just make sure it coincides with your tax retuen. The AOS will provide details on what info to use from your tax return.

 

Maria

Hi Maria!  Thanks for responding!

 

I'm unsure as to what you mean "AOS coincides with your tax return."  I'm really not concerned with the what is in my favor.   I just want to make sure I file correctly, as to not mess up to process.  I don't know as to file with exemptions, since I am the sponsor, and how to treat it as "resident for tax purposes".....  Again, I thank you for your help!  I hope that this makes sense, but I shall definitely file MFJ!  What other things should I be aware of?  Thanks again!  

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Filed: K-1 Visa Country: Mexico
Timeline
On 1/20/2018 at 9:28 PM, Me and her said:

Hi Maria!  Thanks for responding!

 

I'm unsure as to what you mean "AOS coincides with your tax return."  I'm really not concerned with the what is in my favor.   I just want to make sure I file correctly, as to not mess up to process.  I don't know as to file with exemptions, since I am the sponsor, and how to treat it as "resident for tax purposes".....  Again, I thank you for your help!  I hope that this makes sense, but I shall definitely file MFJ!  What other things should I be aware of?  Thanks again!  

You can either file MFS or MFJ; based on the info in your original post, MFJ is probably the better of the those two options. As far as exemptions, not sure if you're preparing your own tax return so just make sure you follow the instructions on how to properly report your actual exemptions. I can't advise you on that here... but generally speaking, if it's just you two, then it would be 2. Make sure you attach the statement for treating your (foreign) spouse 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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