Filing Taxes While AOS is Pending?

[8eitghy2wo 1]

I have a question and would appreciate if anyone can help in this case especially those who are/were in a similar situation:

 

facts:

- i got married last year in May 2017 and my wife is US citizen

- lived the first half of the year in Pennsylvania and then moved to California in August 1st

-I had a job (OPT) in Pennsylvania and worked the entire period between January and July and have my W2 from there

-still on F-1 Status as I haven't received my green card

- my wife 's w2 is from here job here in California she had the entire tax year of 2017

- I have no income from California since moving because i never worked since then.

 

my wife and I decided to file married jointly because i dont want to have any issues with my aos process when they know we did it seperatly

how do we file for tax year 2017? if my all my income was from Pennsylvania and all her income from California.

Resident Alien or non Resident Alien?

 

[Italian_in_NYC 259]

32 minutes ago, 8eitghy2wo said:

I have a question and would appreciate if anyone can help in this case especially those who are/were in a similar situation:

 

facts:

- i got married last year in May 2017 and my wife is US citizen

- lived the first half of the year in Pennsylvania and then moved to California in August 1st

-I had a job (OPT) in Pennsylvania and worked the entire period between January and July and have my W2 from there

-still on F-1 Status as I haven't received my green card

- my wife 's w2 is from here job here in California she had the entire tax year of 2017

- I have no income from California since moving because i never worked since then.

 

my wife and I decided to file married jointly because i dont want to have any issues with my aos process when they know we did it seperatly

how do we file for tax year 2017? if my all my income was from Pennsylvania and all her income from California.

Resident Alien or non Resident Alien?

 

You can exclude your F1 days for the physical presence test, but that might be a moot point.

It's probably more convenient to file the whole year as a US Person (for tax purposes).

File PY resident PA and PY resident CA. You might have to file MFS State returns to minimize the State tax impact.

[Derik-Lina 230]

21 hours ago, 8eitghy2wo said:

I have a question and would appreciate if anyone can help in this case especially those who are/were in a similar situation:

 

facts:

- i got married last year in May 2017 and my wife is US citizen

- lived the first half of the year in Pennsylvania and then moved to California in August 1st

-I had a job (OPT) in Pennsylvania and worked the entire period between January and July and have my W2 from there

-still on F-1 Status as I haven't received my green card

- my wife 's w2 is from here job here in California she had the entire tax year of 2017

- I have no income from California since moving because i never worked since then.

 

my wife and I decided to file married jointly because i dont want to have any issues with my aos process when they know we did it seperatly

how do we file for tax year 2017? if my all my income was from Pennsylvania and all her income from California.

Resident Alien or non Resident Alien?

 

Your best bet is to consult with a seasoned certified accountant in your area.

Taxes are complex to begin with and many things have been altered just recently. 

Yes, file together, use a joint bank account and prepare tons of evidence that your marriage is bonafide.

Bon Courage,

[8eitghy2wo 1]

On 1/31/2018 at 12:05 PM, Italian_in_NYC said:

You can exclude your F1 days for the physical presence test, but that might be a moot point.

It's probably more convenient to file the whole year as a US Person (for tax purposes).

File PY resident PA and PY resident CA. You might have to file MFS State returns to minimize the State tax impact.

thank you, it's what i read too on IRS website 

 

Quote

If, at the end of your tax year, you are married and one spouse is a U.S. citizen or a resident alien and the other is a nonresident alien, you can choose to treat the nonresident as a U.S. resident. This includes situations in which one of you is a nonresident alien at the beginning of the tax year, but a resident alien at the end of the year, and the other is a nonresident alien at the end of the year.

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

 

[8eitghy2wo 1]

On 2/1/2018 at 9:13 AM, Derik-Lina said:

Your best bet is to consult with a seasoned certified accountant in your area.

Taxes are complex to begin with and many things have been altered just recently. 

Yes, file together, use a joint bank account and prepare tons of evidence that your marriage is bonafide.

Bon Courage,

ahlan akhi,

I called several offices and just came back from H&R Block office and trust me, they are as confused as I am in this case.  according to IRS , I can file as an Alien Resident  and I am exempt from not being covered by health insurance based on IRS test, but then filing as a resident, strips me from that exemption. it's a total chaos. lah y7fdek. I miss Philly