Jump to content
tab0712

First time tax prep married...NEED Guidance

 Share

20 posts in this topic

Recommended Posts

Filed: K-1 Visa Country: Mexico
Timeline

2018 was the first year I have US earned income in almost 10 years as I was living abroad and earring below the IRS salary minimum to do submit taxes. So....in that time, so much has changed with the US, and I am now married and I'm so lost.

 

Here's a little bit of info for anyone that has any guidance...

Arrived back to the US in September 2017 and got married in October 2017 and submitted AOS in November 2017

Started my first job in the US in February 2018 (since leaving the last one in 2009) 

My husband hasn't begun working as his combo card was approved only a few days before his AOS interview in December 2018. 

We have medical coverage through the Marketplace as my job does not provide it to employees.

 

I have my W-2 for 2018 and form 1095-A from Marketplace. Is it recommended to use a tax preparation service for this year (I really don't want to pay anyone) or is Turbo Tax straight forward enough to do it myself? 

 

Thanks in advance!

 

 

 

 

 

Link to comment
Share on other sites

Filed: AOS (apr) Country: Netherlands
Timeline
18 minutes ago, tab0712 said:

2018 was the first year I have US earned income in almost 10 years as I was living abroad and earring below the IRS salary minimum to do submit taxes. So....in that time, so much has changed with the US, and I am now married and I'm so lost.

 

Here's a little bit of info for anyone that has any guidance...

Arrived back to the US in September 2017 and got married in October 2017 and submitted AOS in November 2017

Started my first job in the US in February 2018 (since leaving the last one in 2009) 

My husband hasn't begun working as his combo card was approved only a few days before his AOS interview in December 2018. 

We have medical coverage through the Marketplace as my job does not provide it to employees.

 

I have my W-2 for 2018 and form 1095-A from Marketplace. Is it recommended to use a tax preparation service for this year (I really don't want to pay anyone) or is Turbo Tax straight forward enough to do it myself? 

 

Thanks in advance!

 

 

 

 

 

We are figuring out our joint filing this year and let me tell you, there's A LOT of rules when it comes to taxes with a foreigner. Does he already have his Green Card?
We tried to file ourselves via turbo tax, but since I don't have my Green Card yet there's a lot of special rules we have to follow to file jointly and report my foreign income, so we are going to use an accountant in our family to help us out. My best advice is to get an accountant too for this first year, but maybe someone else on this forum has more experience and can help you out.

Edited by C90
Link to comment
Share on other sites

6 minutes ago, C90 said:

We are figuring out our joint filing this year and let me tell you, there's A LOT of rules when it comes to taxes with a foreigner. Does he already have his Green Card?
We tried to file ourselves via turbo tax, but since I don't have my Green Card yet there's a lot of special rules we have to follow to file jointly and report my foreign income, so we are going to use an accountant in our family to help us out. My best advice is to get an accountant too for this first year, but maybe someone else on this forum has more experience and can help you out.

If you lived out of the country and did not have a GC at the time then you do not need to report your foreign income at all. 

Link to comment
Share on other sites

40 minutes ago, tab0712 said:

2018 was the first year I have US earned income in almost 10 years as I was living abroad and earring below the IRS salary minimum to do submit taxes. So....in that time, so much has changed with the US, and I am now married and I'm so lost.

 

Here's a little bit of info for anyone that has any guidance...

Arrived back to the US in September 2017 and got married in October 2017 and submitted AOS in November 2017

Started my first job in the US in February 2018 (since leaving the last one in 2009) 

My husband hasn't begun working as his combo card was approved only a few days before his AOS interview in December 2018. 

We have medical coverage through the Marketplace as my job does not provide it to employees.

 

I have my W-2 for 2018 and form 1095-A from Marketplace. Is it recommended to use a tax preparation service for this year (I really don't want to pay anyone) or is Turbo Tax straight forward enough to do it myself? 

 

Thanks in advance!

I have used Turbo Tax since 2010 and living out of the country from 2010-2013. Turbo Tax is pretty straight forward for foreign earned income and a new husband/wife that is a PR. 

Link to comment
Share on other sites

Filed: AOS (apr) Country: Netherlands
Timeline
Just now, Cyberfx1024 said:

If you lived out of the country and did not have a GC at the time then you do not need to report your foreign income at all. 

We looked on the IRS website and it seems they say you have to report foreign income from any of the people on the tax return if you want to file jointly. But exactly for that reason we let an accountant look at it, we're a little overwhelmed with all the info on the IRS website and it's a little unclear what exactly they want. 

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Taiwan
Timeline

I can send you the name of my accountant.  She did an outstanding job of getting us through all the tax and foreign bank account reporting reporting requirements for us the first year my wife was a resident.  Her fees are very reasonable......I'm hiring her again this year.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Link to comment
Share on other sites

1 minute ago, C90 said:

We looked on the IRS website and it seems they say you have to report foreign income from any of the people on the tax return if you want to file jointly. But exactly for that reason we let an accountant look at it, we're a little overwhelmed with all the info on the IRS website and it's a little unclear what exactly they want. 

That's the thing though is your spouse that was NOT a permanent resident or here on any family/work based. So they do not have to report that income at all. 

1 minute ago, missileman said:

I can send you the name of my accountant.  She did an outstanding job of getting us through all the tax and foreign bank account reporting reporting requirements for us the first year my wife was a resident.  Her fees are very reasonable......I'm hiring her again this year.

They came in on a K1 visa so it is different. 

Link to comment
Share on other sites

Filed: AOS (apr) Country: Netherlands
Timeline
Just now, Cyberfx1024 said:

That's the thing though is your spouse that was NOT a permanent resident or here on any family/work based. So they do not have to report that income at all. 

What we read is that if you want to file jointly, you can send the IRS an explanation that you want to report your non resident alien spouse as a resident alien spouse although they don't qualify for it yet (in their case he obviously qualifies for it since he became LPR in 2018, although there are different rules for that too) In that case you usually  need to report any foreign income that the NRA has made outside the US. But again, I might be wrong, that's why we hire an accountant and that's why I advised to get an accountant instead of advising them to do a certain thing, since I don't have enough knowledge of this to give any answer with certainty. The last thing we want is filing incorrect and getting bitten in the a** next year when we file and have to pay a huge amount of money to the IRS. 
Also, I think they mentioned that the LPR didn't have income in 2018 cause his combo card came right before their GC interview in December 2018, so there should be no income to report at all since he lived here since 2017 but never worked here.

Link to comment
Share on other sites

Filed: K-1 Visa Country: Mexico
Timeline
6 hours ago, Cyberfx1024 said:

I have used Turbo Tax since 2010 and living out of the country from 2010-2013. Turbo Tax is pretty straight forward for foreign earned income and a new husband/wife that is a PR. 

I am earring USD now in the US. What I was earning in Mexico from 2010-2017 was under the equivalent of $10,000 usd so the IRS doesn't care if you file. 

But you said Turbo Tax is easy? I just really feel with all my time away with no filing, I may be a red flag and they will do an audit on me and I could screw this up big time. I don't have the extra $ to pay an overpaid accountant as my husband hasn't started to work yet. 

Link to comment
Share on other sites

Filed: AOS (apr) Country: Netherlands
Timeline
54 minutes ago, geowrian said:

Depends on RA/NRA status what needs to be reported.

 

If one is an NRA for the entire year (doesn't pass the bona fide resident or substantial presence tests) and has no income, then they don't have to report anything (or even file, technically). But if they do file, then MFJ is not available.*

If one is a dual status alien (NRA part of the year, RA part of the year), then they only need to report income in the US. But MFJ is not available.*

If one is a resident alien for the entire year, then all worldwide income for the entire year be reported. MFS and MFJ are available. SSN or ITIN is required for both filers.

 

The issue is that to file MFJ, both individuals must be considered RAs for the entire tax year.

 

*A spouse of a USC or LPR can elect to be considered an RA for the entire tax year via the election/choice statement. That said, they then fall into the 3rd option above (full year RA) and have to report all worldwide income.

Note that this is report...generally most to all income can then be excluded via the FEIE and/or FTC.

 

https://www.irs.gov/pub/irs-pdf/i1040gi.pdf, page 15

"Nonresident aliens and dual-status aliens.

Generally, a married couple can't file a joint return if either spouse is a nonresident alien at any time during the year. However, if you were a nonresident alien or a dual-status alien and were married to a U.S. citizen or resident alien at the end of 2018, you can elect to be treated as a resident alien and file a joint return. See Pub. 519 for details."

 

Do you still have to report it if you don't qualify? What I understand from FEIE is that the foreign income has to be pretty high ($95k+) to NOT be excluded. I didn't make anywhere near that in my former home country in 2018 and I moved here August 2018, have not been working in the US yet since I'm still waiting for EAD. I wonder if we should report my income and the IRS automatically excludes it or not. Note: I don't qualify for RA so we have to send the statement that we want me to be treated as an RA for 2018

Link to comment
Share on other sites

6 minutes ago, C90 said:

Do you still have to report it if you don't qualify? What I understand from FEIE is that the foreign income has to be pretty high ($95k+) to NOT be excluded. I didn't make anywhere near that in my former home country in 2018 and I moved here August 2018, have not been working in the US yet since I'm still waiting for EAD. I wonder if we should report my income and the IRS automatically excludes it or not. Note: I don't qualify for RA so we have to send the statement that we want me to be treated as an RA for 2018

Yes, all worldwide income has to be reported if you are an RA for the entire tax year. You cannot exclude income unless it is first claimed (and as silly as it sounds, nobody forces you to take an exclusion if you don't want it...it's not automatic).

Edit: By "not qualify" I'm assuming you mean you are not compelled to be an RA (via the substantial presence and bona fide resident tests). The election statement then treats you as an RA for the entire year anyway.

 

https://www.irs.gov/individuals/international-taxpayers/aliens-which-income-to-report

"Resident Aliens report their entire worldwide income on Form 1040, 1040A, or 1040EZ like U.S. Citizens."

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Myanmar
Timeline
20 hours ago, tab0712 said:

2018 was the first year I have US earned income in almost 10 years as I was living abroad and earring below the IRS salary minimum to do submit taxes. So....in that time, so much has changed with the US, and I am now married and I'm so lost.

 

Here's a little bit of info for anyone that has any guidance...

Arrived back to the US in September 2017 and got married in October 2017 and submitted AOS in November 2017

Started my first job in the US in February 2018 (since leaving the last one in 2009) 

My husband hasn't begun working as his combo card was approved only a few days before his AOS interview in December 2018. 

We have medical coverage through the Marketplace as my job does not provide it to employees.

 

I have my W-2 for 2018 and form 1095-A from Marketplace. Is it recommended to use a tax preparation service for this year (I really don't want to pay anyone) or is Turbo Tax straight forward enough to do it myself? 

 

Thanks in advance!

 

 

 

 

 

1. Just because you were living outside the USA doesn’t mean you didn’t owe USA taxes. USA citizens and permanent residents must file tax returns regardless of residence.   So you need to clean that up. You can file tax returns for up to three previous tax years.  You probably didn’t owe any USA taxes for years where you were entirely abroad.  Don’t forget your FBAR declarations. 

 

2.  TurboTax is just fine for your 2018 situation and might handle 2016 and 2015 too.  

Link to comment
Share on other sites

Filed: IR-1/CR-1 Visa Country: Honduras
Timeline

You got conflicting statements on everything regarding what must be filed and what is taxable.  VJ can be helpful for getting a visa but go to a qualified tax preparer fir tax questions. 

Edited by bakphx1
Link to comment
Share on other sites

Filed: K-1 Visa Country: United Kingdom
Timeline

It would seem (like bakphx1) said it's best to consult a tax preparer. There are experienced people here regarding immigration, but for tax questions I think it's best to go to the experts on that topic (rather than immigration).

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.
Guest
This topic is now closed to further replies.
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...