Jump to content
DrPearson

Filing taxes as a J1 visa holder/AOS pending with my married citizen wife

 Share

4 posts in this topic

Recommended Posts

Filed: AOS (pnd) Country: Scotland
Timeline

Some context: I have been working at a university in the US for almost 5 years on a J1 visa. I married my wife, a US citizen, in September of last year and filed for AOS in October. My J1 status does not expire until March. In previous years, my wife and I have used TurboTax to file our taxes (individually as we weren't married yet). We are kind of confused about how to go about filing our taxes this year.

 

Our understanding is that we should file jointly with my tax status being "resident alien." Can we just do this on TurboTax as we have in the past? We are happy to hire someone if needed, but I don't know if I trust the people at companies like H&R Block to be experienced in handling this kind of situation. We have family connections to a tax lawyer and to an immigration lawyer, but I'm not sure who would be more helpful to consult. 

 

Finally, to complicate things more, a few months ago my wife finished her PhD at the university I work at and moved to another state for a job. I will be moving there in March, but with our various addresses and state residencies, I am a little concerned about how complicated our taxes may be. We are both pretty capable people, but is it too risky to try to do our taxes ourselves (with help from TurboTax of course)?

Link to comment
Share on other sites

40 minutes ago, DrPearson said:

Some context: I have been working at a university in the US for almost 5 years on a J1 visa. I married my wife, a US citizen, in September of last year and filed for AOS in October. My J1 status does not expire until March. In previous years, my wife and I have used TurboTax to file our taxes (individually as we weren't married yet). We are kind of confused about how to go about filing our taxes this year.

 

Based on the above, I assume you already have your SSN.  If so, you may file MFJ with your wife using your preferred tax software.  IRS does not care about your immigration status as long as they get your tax money.

 

Link to comment
Share on other sites

Filed: AOS (apr) Country: Uruguay
Timeline

You can still try to use TurboTax and use their number to call for help for such situation. When you do, verify that and make sure it's right. You can call the original IRS # and see if they can give you the info that match to correct. If it is not correct, find out what is correct. Not everyone know about this situation at TurboTax, HR Block, etc. so the only one who is going to know it the best is you and your spouse.

 

I'd too rather not recommend HR Block for their poorly trained employee not double checking on everything and turns out the customer is in a deeper mess.

 

It doesn't take long to try to do research if done right. Heck, the people here can help you out if they see this thread. Just ask the questions!

The other idea about the whole moving thing is if you get it filled out and submit it via mail, add a note that you will be relocating where and provide address if you got it or email/phone #. A PO Box would be safe in case if you did not get your address as wanted. While moving, go to the post office and file the form for mail forwarding. If you get direct deposit into your bank account then you won't have an issue about finding the lost check in the mail.

K-1 Visa process (I'm the USC [F]) [2018-2019]

Spoiler

Sent packet: August 10, 2018 (Lines Compressed to fit signature restriction guideline)

USCIS Received package: August 14 - Notification in text/email: August 17 - Mail received from USCIS: January 22, 2019
USCIS Approved I-129F Petition: January 17 - NVC Received Case: February 14 - NVC Case # Assigned: February 14

US Embassy Received: Not sure but got email reply - March 11 - Instructions Received via e-mail: March 19

Interview: May 7 - Approved! - Arriving to US/POE: June 12 - Married July 15, 2019

AOS Process [2019-2020]

Spoiler

Sent packet: July 27, 2019 - USCIS Received Package: July 29 - [Hiccup] Package was sent back due to incorrect fee and sent on August 5.
Notification in text/email: August 12 @ 12:30AM - Check cashed: August 12 - NOA 1 Mail: August 16 - Biometric: September 5 @ Atlanta, GA

AOS RFIE: Sept. 28 - got in mail by Oct 3. [They lost my Husband's Birth Certificate] - Sent back AOS RFIE: Oct 16 2019, at office by Oct 17.
AOS Case update notice on April 9th, 2020, waiting for mail. - Interview date: Scheduled as of July 15, date is August 19. Passed the interview!

My Husband got his GC! 2 Year Conditional Green Card expires 08/19/2022, Residence since 08/19/2020

ROC Process [2022-2024]

Spoiler

Sent packet: June 16, 2022 via USPS, USCIS Received Package: June 21
Notice in text (didn't get email nor text on other phone): June 24
Notice date: June 23, package is at SRC (Texas Service Center), Paid with Credit Card, payment taken on June 25
NOA 1 Mail: June 30, Biometric: Reused
Got letter in mail for extension: April 12th, Received date June 21, 2022, Notice date: April 5, 2023 = 48 Months Extension. No physical card yet.
Approved without interview as of Feb 15th, 2024. Was not a combo interview with N-400.

Naturalization N-400 [2023-2024]

Spoiler

Filed Online: July 28, 2023NOA: July 29, 2023
Service Center: NBC, application # starts with IOE#.
Biometrics waived. Got NOA mail Jan 5, 2024 says Interview in Nashville, TN on Feb 6, 2024.
Queue for review and approval. Already in line for Oath Ceremony as of Feb 13th, 2024.
NOA as of 4/29/24 - Oath Ceremony scheduled for May 30th in Chattanooga, TN. Rescheduled as of May 2nd, 2024 by USCIS - new date is May 29th.
May 29th - Naturalized! Ta-da!

Link to comment
Share on other sites

Hi,

I have almost the same exact timeline with you regarding the J1 visa, marriage and AOS application. You are definitely a resident alien for tax purposes (you were suppose to be filling as a resident alien since you passed the Substantial Presence test). This mean that Yes, you will be filling jointly as an resident alien. However, I am not sure regarding the different address for you and your wife. You can always choose married filling separately option. 

I am also very hesitate to trust regular tax experts regarding "immigration taxes" and my situation before was also complicated with claiming tax treaty between my country and US. I find this company pretty helpful (I never paid them to do my taxes but I communicate with them and they were very helpful) https://www.taxtake.com/

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- 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...