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Filed: K-1 Visa Country: Germany
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Posted (edited)

Hey everyone,

 

I entered the US late in May 2019, married in June and am still waiting for the green card interview thanks to Covid. I have not worked in the US since then as I have not found a job yet, but I have made a small amount of money from self employment. My wife got done filing her taxes a few days ago, and I got worried reading some threads online. She hasnt filed it jointly with me and I am not sure if that is a requirement - and if it is, if I have to declare my (small) amount of self employment income during the last year despite not having a green card yet? What should we do in this situation? I dont really know much about taxes and thought it was not important as I did not have a job yet. Thanks!

Edited by Yarusenai
Filed: K-1 Visa Country: Wales
Timeline
Posted

I would start by asking you wife why she did not file married filing jointly.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: K-1 Visa Country: Germany
Timeline
Posted
12 minutes ago, Boiler said:

I would start by asking you wife why she did not file married filing jointly.

She has a guy who does the taxes for her, and since I did not have any regular income, I figured there is no need to do a joint filing. We messaged her tax person now so I guess he'll be able to tell us the best course of action :)

Filed: Citizen (apr) Country: Australia
Timeline
Posted
1 minute ago, Yarusenai said:

She has a guy who does the taxes for her, and since I did not have any regular income, I figured there is no need to do a joint filing. We messaged her tax person now so I guess he'll be able to tell us the best course of action :)

Even though you do not yet hold a green card,  the IRS considers you a resident for tax purposes as you have been in the US for over 180 days in the year .. you need to file a return and declare your income ... hopefully you have both employment Authorization and a SSN.  MFJ is usually the most tax advantageous way to file. MFS will probably result in paying higher taxes. 

Filed: K-1 Visa Country: Germany
Timeline
Posted
1 minute ago, Lil bear said:

Even though you do not yet hold a green card,  the IRS considers you a resident for tax purposes as you have been in the US for over 180 days in the year .. you need to file a return and declare your income ... hopefully you have both employment Authorization and a SSN.  MFJ is usually the most tax advantageous way to file. MFS will probably result in paying higher taxes. 

Thanks for the info!

Filed: Citizen (apr) Country: Australia
Timeline
Posted
Just now, Yarusenai said:

Thanks for the info!

My pleasure. US tax system is far more complex than most of our home countries. You can get good information on the IRS website... and it’s worth taking the time to read through the basic publications. Like immigration , it’s best to have a basic understanding even when you choose to use someone else’s services to file. 

Filed: K-1 Visa Country: Germany
Timeline
Posted
1 minute ago, Lil bear said:

My pleasure. US tax system is far more complex than most of our home countries. You can get good information on the IRS website... and it’s worth taking the time to read through the basic publications. Like immigration , it’s best to have a basic understanding even when you choose to use someone else’s services to file. 

Yeah, that is what I thought earlier haha. That's why I tried to read up on it. Hope it wasn't too late. Well, her tax consultant will know what to do and what I have to send over so he can file us jointly.

Filed: Citizen (apr) Country: Australia
Timeline
Posted
Just now, Yarusenai said:

Yeah, that is what I thought earlier haha. That's why I tried to read up on it. Hope it wasn't too late. Well, her tax consultant will know what to do and what I have to send over so he can file us jointly.

You can file an amended tax with your spouse and file MFJ

Filed: K-1 Visa Country: Wales
Timeline
Posted

I do not know how the German tax system operates but certainly in the UK it would in most cases be beneficial to file jointly.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

 
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