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Jayo_Mac

General tax question... associated with the AOS...

By Jayo_Mac in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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Jayo_Mac Apprentice

Jayo_Mac   0

Posted
Filed: AOS (pnd) Country: Philippines
 Timeline
Posted

I was told originally that since my wife hadn't adjusted her status yet, that I should file Married filing separately and get less money back from the irs. However, my wife recently was granted permanent resident status (yay). Am I safe to assume that I can now file Married filing jointly to be eligible for a better tax break? Can anyone help???? Thanks alot!

9-20-05 -(Married)

12-9-05 -AOS Packet mailed (I-485, I-130, I-765, and I-131)

12-11-05 - AOS packet received

1-3-06 - Biometrics appt. for I-485 and I-765

1-3-06 - My wife's name mispelled on i-485 still (tried to change via phone and still pending... name is spelled correctly on the I-765)

3-23-06 AOS interview scheduled (hopefully we can get the spelling of her last name correct on the I-485 before the interview.... feb 7th is a scheduled appointment to correct the spelling of her name with a local INS officer... anyone have any suggestions here???)

3-23-06... Interview went smoothly, and off to our favorite Japanese restaurant to celebrate the "permanent residence" status which was rightfully granted

5-6-06 Beautiful Church wedding in the Philippines.

10-9-08 Temporary Status of Residents card removed... Janie is a Permanent Resident now

Present = Living out our life together (had a healthy newborn son), and thankful that the aforementioned adustments have been granted.

golferadam Enthusiast

golferadam   0

Posted
Filed: Citizen (apr) Country: China
 Timeline
Posted
I was told originally that since my wife hadn't adjusted her status yet, that I should file Married filing separately and get less money back from the irs. However, my wife recently was granted permanent resident status (yay). Am I safe to assume that I can now file Married filing jointly to be eligible for a better tax break? Can anyone help???? Thanks alot!

Refer to this thread, but the short answer is yes you should probably file jointly to get a larger deduction.

http://www.visajourney.com/forums/index.php?showtopic=3528

K-1 Timeline

02.02.2005: Sent I-129F to Vermont Service Center

08.08.2005: Successful interview; visa received at 4pm

08.10.2005: Trip to US (Newark Int'l Airport is POE)

AOS Timeline

08.26.2005: Married in State College, Pennsylvania

11.14.2005: AOS and EAD applications received at USCIS

03.10.2006: EAD received (114 days since submission)

06.17.2006: Green card received (241 since submission)

Removal of Conditions Timeline

05.28.2008: Sent I-751 to Vermont Service Center

06.04.2008: NOA1 received

07.05.2008: Biometrics completed in Houston

03.27.2009: Ten year green card approved

Naturalization Timeline

11.09.2009: N-400 package mailed to Lewisville, TX

12.18.2009: Biometrics done in Houston

03.01.2010: Passed interview

04.07.2010: Oath ceremony

hcj Collaborator

hcj   0

Posted
Filed: Country: Sweden
 Timeline
Posted
I was told originally that since my wife hadn't adjusted her status yet, that I should file Married filing separately and get less money back from the irs. However, my wife recently was granted permanent resident status (yay). Am I safe to assume that I can now file Married filing jointly to be eligible for a better tax break? Can anyone help???? Thanks alot!

Even when she had not adjusted status yet, you could and probably should have filed married filing jointly.

"When all else fails, read the instructions."

Autumnal Proficient

Autumnal   25

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

I was able to go married filing jointly even though my PR isn't granted (interview is 27 April). The deductions were very nice.

If in doubt, though, talk to a qualified tax advisor. :)

26 January 2005 - Entered US as visitor from Canada.
16 May 2005 - Assembled health package, W2s.
27 June 2005 - Sent package off to Chicago lockbox.
28 June 2005 - Package received at Chicago lockbox.
11 July 2005 - RFE: cheques inappropriately placed.
18 July 2005 - NOA 1: I-485, I-131, I-765 received!
19 July 2005 - NOA 1: I-130 received!
24 August 2005 - Biometrics appointment (Naperville, IL).
25 August 2005 - AOS touched.
29 August 2005 - AP, EAD, I-485 touched.
15 September 2005 - AP and EAD approved!
03 February 2006 - SSN arrives (150 days later)
27 February 2006 - NOA 2: Interview for 27 April!!
27 April 2006 - AOS Interview, approved after 10 minutes!
19 May 2006 - 2 year conditional green card.
01 May 2008 - 10 year green card arrives.
09 December 2012 - Assembled N-400 package.
15 January 2013 - Sent package off to Phoenix.
28 January 2013 - RFE: signature missing.
06 February 2013 - NOA 1: N-400 received!
27 February 2013 - Biometrics appointment (Detroit, MI).
01 April 2013 - NOA 2: Interview assigned.

15 May 2013 - Naturalization Interview, approved after 15 minutes.

10 June 2013 - Naturalized.

zyggy Experienced

zyggy   9

Posted
Filed: Country: Canada
 Timeline
Posted (edited)
I was able to go married filing jointly even though my PR isn't granted (interview is 27 April). The deductions were very nice.

If in doubt, though, talk to a qualified tax advisor. :)

There is a difference between the term "resident alien" for the IRS and "resident alien" in terms on Immigration.

Since your spouse is residing in the US permanently, she is a "resident alien" for tax purposes. In fact, a spouse of a USC or PR can opt to be treated as a "resident alien" for tax purposes even though they may not be living in the US. You should file as married filing jointly if that option is better for your tax situation.

Edited by zyggy

Knowledge itself is power - Sir Francis Bacon

I have gone fishing... you can find me by going here http://**removed due to TOS**

 
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