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InRainbows14

Married January 2020 - File 2019 Taxes as Married?

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Hello, I (the beneficiary) entered the US in December 2019, and got married to a US citizen in January 2020. I sent AOS paperwork 2 weeks ago.

 

We're now looking into filing taxes for 2019. Apologies if this is a silly question, but am I right in thinking that, because we weren't married in 2019, we can't file a joint/ married tax return for 2019?

 

If so, where does this leave our tax situation?

Does my wife just file an individual return for 2019?

Do I (the beneficiary) still need to file a tax return?

 

I don't meet the IRS 'Substantial Presence Test'. 

 

Any advice greatly appreciated - thanks. 

Edited by InRainbows14
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Filed: Citizen (apr) Country: England
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@InRainbows14
 

Your wife files 2019 taxes as a single. She was single in the last day of 2019. You file nothing. 

Edited by Wuozopo
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Filed: Citizen (apr) Country: Taiwan
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If you had no income in 2019, then you are not required to file.  Your wife cannot file as married for 2019.  

"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.. 
 

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Not married on December 31, 2019 make your spouse single.

March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

December 10, 2021 US Passport Issued

August 12, 2022 PHL Dual Nationality Re-established & Passport Approved 

April 6,2023 Legally Separated - Oh well

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1 minute ago, Wuozopo said:

Your wife files 2019 taxes as a single. She was single in the last day of 2019. You file nothing. 

Wow, thank you everyone for your quick and informative replies - what a great community! 

 

Would you mind quickly explaining why I file nothing? I (the beneficiary) worked in the UK throughout 2019. I thought worldwide income needed to be declared?

 

Obviously I'm not challenging your (very informed) opinion here - more just seeking reassurance as to why I am exempt, and that I won't run into problems in the future due to non-filing.

 

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Filed: Citizen (apr) Country: Taiwan
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1 minute ago, InRainbows14 said:

Wow, thank you everyone for your quick and informative replies - what a great community! 

 

Would you mind quickly explaining why I file nothing? I (the beneficiary) worked in the UK throughout 2019. I thought worldwide income needed to be declared?

 

Obviously I'm not challenging your (very informed) opinion here - more just seeking reassurance as to why I am exempt, and that I won't run into problems in the future due to non-filing.

 

You were in the US less than a month....you don't meet the tax resident requirements for 2019.....Am I correct, @Wuozopo?

"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.. 
 

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Filed: Citizen (apr) Country: Australia
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7 minutes ago, missileman said:

You were in the US less than a month....you don't meet the tax resident requirements for 2019.....Am I correct, @Wuozopo?

Correct. Unless the total number of days in the US during the past 3 years causes OP to meet the IRS tax residency requirement. 

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1 hour ago, InRainbows14 said:

Wow, thank you everyone for your quick and informative replies - what a great community! 

 

Would you mind quickly explaining why I file nothing? I (the beneficiary) worked in the UK throughout 2019. I thought worldwide income needed to be declared?

 

Obviously I'm not challenging your (very informed) opinion here - more just seeking reassurance as to why I am exempt, and that I won't run into problems in the future due to non-filing.

 

If you are feeling left out you can do a practice filing online ;)

 

 

March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

December 10, 2021 US Passport Issued

August 12, 2022 PHL Dual Nationality Re-established & Passport Approved 

April 6,2023 Legally Separated - Oh well

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Filed: Citizen (apr) Country: England
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1 hour ago, InRainbows14 said:

Would you mind quickly explaining why I file nothing? I (the beneficiary) worked in the UK throughout 2019. I thought worldwide income needed to be declared?

The short and sweet answer is US income tax is generally speaking, for people who had US income. You didn’t. Even people who have been in the US 25 years wouldn’t have to file if they didn’t earn an income. 
 

You have no doubt picked up on people talking about declaring their worldwide income. That is for joint filers who were married by tax year end, Dec 31. You weren’t married so have no option to file jointly with a spouse until 2020 calendar year and tax year ends. 

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7 minutes ago, Wuozopo said:

The short and sweet answer is US income tax is generally speaking, for people who had US income. You didn’t. Even people who have been in the US 25 years wouldn’t have to file if they didn’t earn an income. 
 

You have no doubt picked up on people talking about declaring their worldwide income. That is for joint filers who were married by tax year end, Dec 31. You weren’t married so have no option to file jointly with a spouse until 2020 calendar year and tax year ends. 

Thank you - much appreciated!

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