In need of help urgently!

[EmilyTim 3]

Stressed! I moved to US on a K1 fiance visa in Aug 2019. I expedited my EAD card, and recently started a new job.

I am awaiting my green card interview.

My wages (before tax) are $657 (bi weekly). Out of this $657, I've been taxed $184. 

The HR office where I work said that non resident aliens get taxed more?

Please, please can someone tell me if this is correct. 

[Karim2018 100]

I'm no tax-expert, but according to this article, fed taxes for non-resident aliens may be approx. 30%. Your Fed withholdings are around 25.3% .

https://www.forbes.com/sites/greatspeculations/2018/08/22/how-to-save-u-s-taxes-for-nonresident-aliens/#580ebc7c695d

Hope this helps

Edited January 29, 2020 by Karim2018

[Wuozopo 4,293]

14 hours ago, EmilyTim said:

Stressed! I moved to US on a K1 fiance visa in Aug 2019. I expedited my EAD card, and recently started a new job.

I am awaiting my green card interview.

My wages (before tax) are $657 (bi weekly). Out of this $657, I've been taxed $184. 

The HR office where I work said that non resident aliens get taxed more?

Please, please can someone tell me if this is correct. 

 

It is correct that nonresident aliens pay a higher rate of taxation and file a different tax form, the 1040NR and can not file a joint return. 
 

 But a nonresident alien married to a US citizen can be treated as a resident alien for tax purposes by submitting a statement to the IRS (signed by both spouses) stating you wish to be treated as a RA for tax purposes. Will you be filing jointly for 2019 and submitting the statement? The statement is good for subsequent years. Perhaps you could show the HR department Publication 519 and the exception that allows you to be treated as a resident alien for tax purposes because you are married to a USC and have filed the statement with your 2019 tax return.

 

Publication 519 https://www.irs.gov/pub/irs-pdf/p519.pdf

See page 9 in the middle column

Nonresident Spouse Treated as a Resident
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 spouse is a nonresident alien, you can choose to treat the nonresident spouse as a U.S. resident. This includes situa- tions in which one spouse is a nonresident alien at the beginning of the tax year, but a resident alien at the end of the year, and the other spouse is a nonresident alien at the end of the year.
If you make this choice, you and your spouse are treated for income tax purposes as residents for your entire tax year. Neither you nor your spouse can claim under any tax treaty not to be a U.S. resident. You are both taxed on worldwide income. 
 

And page 9 in the third column

 

How To Make the Choice
Attach a statement, signed by both spouses, to your joint return for the first tax year for which the choice applies. It should contain the follow ing information.
• A declaration that one spouse was a non- resident alien and the other spouse a U.S. citizen or resident alien on the last day of your tax year, and that you choose to be treated as U.S. residents for the entire tax year.
• The name, address, and identification number of each spouse. (If one spouse died, include the name and address of the person making the choice for the deceased spouse.)

 

You would have to do this on your 2019 tax filing. And then convince HR that to the IRS, you are a resident alien despite not having a green card and thus do not have to have federal taxes withheld at the nonresident rate. 
 

Even if they continue to withhold too much, when you file for 2020 tax year, you will get back the extra as a refund. You aren’t losing the money forever, but you may want it now rather than waiting for a refund next year.

 

 

[EmilyTim 3]

2 hours ago, Wuozopo said:

It is correct that nonresident aliens pay a higher rate of taxation and file a different tax form, the 1040NR and can not file a joint return. 
 

 But a nonresident alien married to a US citizen can be treated as a resident alien for tax purposes by submitting a statement to the IRS (signed by both spouses) stating you wish to be treated as a RA for tax purposes. Will you be filing jointly for 2019 and submitting the statement? The statement is good for subsequent years. Perhaps you could show the HR department Publication 519 and the exception that allows you to be treated as a resident alien for tax purposes because you are married to a USC and have filed the statement with your 2019 tax return.

 

Publication 519 https://www.irs.gov/pub/irs-pdf/p519.pdf

See page 9 in the middle column

Nonresident Spouse Treated as a Resident
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 spouse is a nonresident alien, you can choose to treat the nonresident spouse as a U.S. resident. This includes situa- tions in which one spouse is a nonresident alien at the beginning of the tax year, but a resident alien at the end of the year, and the other spouse is a nonresident alien at the end of the year.
If you make this choice, you and your spouse are treated for income tax purposes as residents for your entire tax year. Neither you nor your spouse can claim under any tax treaty not to be a U.S. resident. You are both taxed on worldwide income. 
 

And page 9 in the third column

 

How To Make the Choice
Attach a statement, signed by both spouses, to your joint return for the first tax year for which the choice applies. It should contain the follow ing information.
• A declaration that one spouse was a non- resident alien and the other spouse a U.S. citizen or resident alien on the last day of your tax year, and that you choose to be treated as U.S. residents for the entire tax year.
• The name, address, and identification number of each spouse. (If one spouse died, include the name and address of the person making the choice for the deceased spouse.)

 

You would have to do this on your 2019 tax filing. And then convince HR that to the IRS, you are a resident alien despite not having a green card and thus do not have to have federal taxes withheld at the nonresident rate. 
 

Even if they continue to withhold too much, when you file for 2020 tax year, you will get back the extra as a refund. You aren’t losing the money forever, but you may want it now rather than waiting for a refund next year.

 

 

Thank you so much!! You are AMAZING. 

 

I receive my wages on Friday (for the 1st time ever in the US). I didn't make any money in the US in 2019. 

When do I file taxes? 

(I am so clueless about this kind of thing...)

 

I also have a 2nd part time job. Both jobs are approx 20 hrs a week. Does this change anything? 

[Wuozopo 4,293]

21 minutes ago, EmilyTim said:

Thank you so much!! You are AMAZING. 

 

I receive my wages on Friday (for the 1st time ever in the US). I didn't make any money in the US in 2019. 

When do I file taxes? 

(I am so clueless about this kind of thing...)

 

I also have a 2nd part time job. Both jobs are approx 20 hrs a week. Does this change anything? 

if you married in 2019, your spouse can file a joint return for 2019 with you but your income in the UK during the whole year of 2019 has to be reported along with his income. And you have to do that statement I mentioned.  The tax yours would incur will be deducted. Or he can file Married Filing separately and you file nothing because no US income in 2019 for you. Believe it not,  filing jointly and reporting your income will come out a better deal. 
 

 

[MariaR323 199]

You are not a nonresident. I think they are withholding incorrectly, especially if you indicated Married on the new W4 form.