Complicated Tax Situation and Resident Status

[Arete88 4]

Hi, guys,

 

My wife and I have been married since March 2017, and we filed for AOS (I485) in March 2018.

 

I came first to the US as an F1 student to get my Master, and from there we filed for AOS. However, after my Master, I started a Ph.D. in the same university in August 2018 and started receiving income from a fellowship from the university (so as a matter of fact, I've been studying since I got to the US).

 

Now I have to file taxes for the income I received from that fellowship and the university adviced me to use their system to do it since they still consider me an F1 student. My question is: What status do I have for tax purposes and how should I file? I'm a student, but for immigration purposes, I'm not an F1 anymore since I filed for AOS (which is still pending). I had an F1 visa until March 2018.

 

To complicate more the picture, with my wife we want to file taxes jointly since that is beneficial precisely for future immigration issues. I'd truly appreciate any word in this. Many thanks!

[payxibka 10,045]

5 minutes ago, Arete88 said:

Hi, guys,

 

My wife and I have been married since March 2017, and we filed for AOS (I485) in March 2018.

 

I came first to the US as an F1 student to get my Master, and from there we filed for AOS. However, after my Master, I started a Ph.D. in the same university in August 2018 and started receiving income from a fellowship from the university (so as a matter of fact, I've been studying since I got to the US).

 

Now I have to file taxes for the income I received from that fellowship and the university adviced me to use their system to do it since they still consider me an F1 student. My question is: What status do I have for tax purposes and how should I file? I'm a student, but for immigration purposes, I'm not an F1 anymore since I filed for AOS (which is still pending). I had an F1 visa until March 2018.

 

To complicate more the picture, with my wife we want to file taxes jointly since that is beneficial precisely for future immigration issues. I'd truly appreciate any word in this. Many thanks!

Not complicated at all.  Married filing joint

[Arete88 4]

9 minutes ago, payxibka said:

Not complicated at all.  Married filing joint

Haha. Thank you so much!

 

It might be that I just feel it as complicated. But I'm just trying to understand what is my tax status while the AOS is pending, cause I think you can file jointly under many statuses, and the consequences are different for each. 

[payxibka 10,045]

4 minutes ago, Arete88 said:

Haha. Thank you so much!

 

It might be that I just feel it as complicated. But I'm just trying to understand what is my tax status while the AOS is pending, cause I think you can file jointly under many statuses, and the consequences are different for each. 

Tax status is a totally different calculation and is indifferent to immigration status in most situations.   There are a few tests including substantial presence.  Google it.

[Arete88 4]

36 minutes ago, payxibka said:

Tax status is a totally different calculation and is indifferent to immigration status in most situations.   There are a few tests including substantial presence.  Google it.

 

Thanks.

 

I know it's a different issue, that's not an answer but, instead, something that my question presupposes. I already googled everything I could come up with and found no answer. Hence, this thread.

 

It is precisely because being a student excludes you from the substantial presence determination that I'm asking if I'm still considered a student.

Edited April 4, 2019 by Arete88

[payxibka 10,045]

5 minutes ago, Arete88 said:

 

Thanks.

 

I know it's a different issue, that's not an answer but, instead, something that my question presupposes. I already googled everything I could come up with and found no answer. Hence, this thread.

 

It is precisely because being a student excludes you from the substantial presence determination that I'm asking if I'm still considered a student.

Your status hasn't changed until your adjustment process is completed