2018 Filing Status Question

[FluffyBalls 52]

My (then) girlfriend came to visit me on a B2 visa in October 2017. We married January 24, 2018 and will file to adjust her status Feb 2018. She will stay in the USA all of 2018, but will not work, and will have no income overseas. She was added to my company's health insurance the day we married (so 24 days of no US health insurance.) She should have an SSN sometime 2018 (hopefully!!) She is 2 months pregnant.

 

I think the following are correct, but just wanted to get a sanity-check.

• For the 2017 tax year, I need to file as single
• For the 2018 tax year, we can file married jointly, even though she may not have her GC by then

 

Anything obvious I'm missing here? Thanks guys.

[Going through 5,671]

7 minutes ago, FluffyBalls said:

For the 2017 tax year, I need to file as single

Yes.

 

7 minutes ago, FluffyBalls said:

For the 2018 tax year, we can file married jointly, even though she may not have her GC by then

Yes.

[Khallaf 650]

11 minutes ago, FluffyBalls said:

My (then) girlfriend came to visit me on a B2 visa in October 2017. We married January 24, 2018 and will file to adjust her status Feb 2018. She will stay in the USA all of 2018, but will not work, and will have no income overseas. She was added to my company's health insurance the day we married (so 24 days of no US health insurance.) She should have an SSN sometime 2018 (hopefully!!) She is 2 months pregnant.

 

I think the following are correct, but just wanted to get a sanity-check.

• For the 2017 tax year, I need to file as single
• For the 2018 tax year, we can file married jointly, even though she may not have her GC by then

 

Anything obvious I'm missing here? Thanks guys.

not about the taxes but you have to know that they are going to look at your case strongly, and you will have to show proof that the decision to get married was made after she entered into the country and had full intentions to go back to her country. Coming to the USA on a B2 with the intention of getting married only to adjust status is possible but it will also be looked at as immigration fraud.

 

If I am wrong I apologize ahead of time

 

Edited January 28, 2018 by Khallaf

[payxibka 10,047]

10 minutes ago, FluffyBalls said:

My (then) girlfriend came to visit me on a B2 visa in October 2017. We married January 24, 2018 and will file to adjust her status Feb 2018. She will stay in the USA all of 2018, but will not work, and will have no income overseas. She was added to my company's health insurance the day we married (so 24 days of no US health insurance.) She should have an SSN sometime 2018 (hopefully!!) She is 2 months pregnant.

 

I think the following are correct, but just wanted to get a sanity-check.

• For the 2017 tax year, I need to file as single
• For the 2018 tax year, we can file married jointly, even though she may not have her GC by then

 

Anything obvious I'm missing here? Thanks guys.

You file based on your marital status as of the last day of the tax year.  Green card or no green card does not determine your marital status

[Going through 5,671]

2 minutes ago, Khallaf said:

Coming to the USA on a B2 and then getting married is possible but it will also be looked at as immigration fraud.

Intent to immigrate on a B2 is determined at the border, not during the interview.

So long as the foreigner had no intent to stay in the US and file for AOS at the time of crossing into the US, she's fine to adjust status.

Edited January 28, 2018 by Going through

[Khallaf 650]

Just now, Going through said:

Intent to immigrate is determined at the border, not during the interview.

not if the intent wasn't told up front

[FluffyBalls 52]

4 minutes ago, Khallaf said:

not about the taxes but you have to know that they are going to look at your case strongly, and you will have to show proof that the decision to get married was made after she entered into the country and had full intentions to go back to her country. Coming to the USA on a B2 with the intention of getting married only to adjust status is possible but it will also be looked at as immigration fraud.

 

If I am wrong I apologize ahead of time

 

Spoke to two good immigration lawyers about this, would said our case was pretty straightforward. Both mentioned that the whole "intent" issue is blown way out of proportion. In many of their interviews the issue doesn't even come up. According to them, the relationship being bona-fide is by far more important (on top of the health check, no criminal record etc.) And they've sat in on 100s of these interviews.

Edited January 28, 2018 by FluffyBalls

[Going through 5,671]

1 minute ago, Khallaf said:

not if the intent wasn't told up front

 

 

That's why I said the below:

 

2 minutes ago, Going through said:

So long as the foreigner had no intent to stay in the US and file for AOS at the time of crossing into the US, she's fine to adjust status.

 

[Khallaf 650]

1 minute ago, FluffyBalls said:

Spoke to two good immigration lawyers about this, would said our case was pretty straightforward. Both mentioned that the whole "intent" issue is blown way out of proportion. In many of their interviews the issues doesn't even come up. According to the, the relationship being bona-fide is by far more important (on top of the health check, no criminal record etc.)

IF it is brought up at interview and it might you need to be prepared to show there was intention for her to have returned to her own country

1 minute ago, Going through said:

 

 

That's why I said the below:

 

 

I get that it might not come up, I am saying IF and it IS possible it might all I recommend is to be prepared that is all

[Hypnos 6,578]

24 minutes ago, Khallaf said:

they are going to look at your case strongly, and you will have to show proof that the decision to get married was made after she entered into the country

This isn't true.

[Going through 5,671]

More likely "intent" won't be brought up in the interview at all.  

[Hypnos 6,578]

For IRs, "intent" is basically a non-issue unless you have the most egregious case imaginable. And I'm not even sure what that would look like.

[Ischnura 285]

Poor fella only asked how to sort his taxes.