K1 and taxes…?

[BeauH 9]

Hi!

I was wondering, my fiancé is coming here soon on a K1 visa. After we get married, can I claim her as a dependent?  How should I file?

 

thanks

[PaulaCJohnny 713]

A wife is not a dependent.

Or you file Married filling jointly or Married filling separate.

 

You need to inform yourself better:

https://www.irs.gov/faqs/filing-requirements-status-dependents/dependents#:~:text=To meet the qualifying child,meets the qualifying relative test.

Edited December 1, 2022 by PaulaCJohnny

[BeauH 9]

@PaulaCJohnny
Your link is just frequently ask questions. Nothing to do with supporting my spouse it dealing with those taxes while she can’t work. 
Asking on here would be “Informing myself better”.  Please don’t be short and rude if you don’t want to help. 

[nastra30 2,284]

2 hours ago, BeauH said:

 

After we get married, can I claim her as a dependent? - No 

How should I file? - Your options are MFJ or MFS.

https://apps.irs.gov/app/vita/content/globalmedia/4491_dependency_exemptions.pdf

"Dependents are either a qualifying child or a qualifying relative of the taxpayer. The taxpayer's spouse cannot be claimed as a dependent. Some examples of dependents include a child, stepchild, brother, sister, or parent."

Edited December 1, 2022 by nastra30

[Mike E 11,739]

6 hours ago, BeauH said:

Hi!

I was wondering, my fiancé is coming here soon on a K1 visa. After we get married, can I claim her as a dependent?  How should I file?

 

thanks

File as married filing jointly.  
 

Apply for her SSN 2 working days after she arrives.  Do not marry until she has applied for her SSN.  

[powerpuff 6,677]

~~ Topic moved from K1 Forum to Taxes & Finances during US immigration forum where similar tax related questions are discussed ~~

[PaulaCJohnny 713]

8 hours ago, BeauH said:

@PaulaCJohnny
Your link is just frequently ask questions. Nothing to do with supporting my spouse it dealing with those taxes while she can’t work. 
Asking on here would be “Informing myself better”.  Please don’t be short and rude if you don’t want to help. 

My answer was not rude at all. You really need to read more about it, like anyone here when start a immigration process. I did. Was a suggestion.

 

You supporting your wife is just this, you supporting her. This is not taxable.

 

If what you need is a more clear and short answer that will help you, here it is: No, you cannot put your wife as a dependent. 
 

The K1 visa is normally the not best option because the beneficiary cannot work and the Sponsor need to support this person until they can get the work permit. CR1/IR1 is always a best option if one don’t want to deal with this extra stress.

 

Good luck 🍀 

[Wuozopo 4,293]

On 11/30/2022 at 11:10 PM, BeauH said:

Hi!

I was wondering, my fiancé is coming here soon on a K1 visa. After we get married, can I claim her as a dependent?  How should I file?

 

thanks

 I believe you are looking for ways to reduce your taxes based on adding a wife to your household.

Note: You have to be married by Dec 31 or you still file your 2022 return as Single. But the concepts below apply for 2023 as well.

• The spouse can’t be called a “dependent” in IRS jargon, even though she depends on you for support. 
• You can file a joint return with her, even if she has no income. That will give you an extra $12,950 (2022 amount) in standard deduction in addition to your $12,950. Since she has no income, all $25,900 will be taken off your income before determining your taxable income. That will reduce your tax. The joint number for 2023 tax year will be $27,700.
• The tax rate for Married Filing Jointly is lower than filing separately, so another bonus for having a wife on your return as a joint filer.

Be sure to go to a Social Security office and apply for her SSN in her maiden name/ name on visa soon after her arrival. You don’t even have to be married yet for her to get a SSN as a K1. She has to apply within her first 76 days in the US or the window closes based on K1. She would have to wait for her greencard or employment authorization after her K1 window  for SSN closes.  The important thing is getting the number, even though in maiden name. You can sort out the married name down the line.

[BeauH 9]

@Wuozopo. Thanks for this explanation! 

That is exactly what I was wondering.  Many people around me have told me the opposite, that I can file her as a dependent. 

I believe that like you said, YES the USCIS makes it clear, she is absolutely dependent on me upon arrival and for a while before she can work.   

She is most unhappy about that because she values her independence and work. (One reason I love her). 

It looks like processing times are around 14-16 months for work authorization(am i seeing that wrong?).  That will drive her crazy!  I don't dare even tell her ATM haha.

 

But as an actual tax "dependent", NO.  So filing, you recommend file MFJ, and that would help me out a bit in deductions?  

I read somewhere that we should get married ASAP and she should apply for her SSN immediately, but you are saying "don't worry about actual marriage or the last name.  Just apply ASAP.  Get the number and change the name later".

 Thanks for your help

 

Edited December 2, 2022 by BeauH

[BeauH 9]

@PaulaCJohnny 

Sorry for the misunderstanding and THANKS for your help.

[DaveAndAnastasia 2,092]

32 minutes ago, BeauH said:

I read somewhere that we should get married ASAP and she should apply for her SSN immediately, but you are saying "don't worry about actual marriage or the last name.  Just apply ASAP.  Get the number and change the name later".

Those aren't really mutually exclusive, but you should apply for an SSN before getting married (mostly to avoid having to argue with people who may not have correct understandings of the law) and then change the name on the card after EAD (or green card, if there's not much time between the two so it's not worth bothering to update her social security card twice or your wife gets her green card without having received an EAD card first).

 

Back in 2019, Anastasia applied for her SSN her second full day after POE (in downtown San Diego), and then we got married the day after that (in Temecula, because they were the 2nd-closest county clerk's office that did outdoor ceremonies and downtown San Diego's web site was full of warnings about parking availability).

 

Also as minor aside, you'll want to be consistent in whether or not your wife uses her patronymic as a middle name in your paperwork; we kind of changed our minds on that between the K-1 application and the AOS application and the discrepancy meant we needed to get a supervisor involved to update her social security card even though Anastasia [my last name], Anastasia [her maiden name], and Anastasia [patronymic] [her maiden name] were obviously the same person.

[OldUser 6,606]

10 minutes ago, DaveAndAnastasia said:

Also as minor aside, you'll want to be consistent in whether or not your wife uses her patronymic as a middle name in your paperwork; we kind of changed our minds on that between the K-1 application and the AOS application and the discrepancy meant we needed to get a supervisor involved to update her social security card even though Anastasia [my last name], Anastasia [her maiden name], and Anastasia [patronymic] [her maiden name] were obviously the same person.

Those patronymics 😅

 

AFAIK Russian passports for international travel do not include patronymics, only first and last names. I would not include it on SSN etc. In all  immigration forms I would disclose it under other names used and explain that it's patronymic. There is an argument patronymic is not a middle name. If country of origin does not include it in their documents issued in English, it should not be used for US immigration paperwork, only mention it exists. Makes life so much easier, than listening to long patronymic such as Viacheslavovna  being read at the doctor's office when calling names for example 😃

[Wuozopo 4,293]

2 hours ago, BeauH said:

  Many people around me have told me the opposite, that I can file her as a dependent. 

Whomever says wife can be “dependent” on tax form just doesn’t know taxes. My wife who has done her own taxes for decades says she has never seen the spouse named in the dependent section of Form 1040. Kids yes, but spouse no.

 

2 hours ago, BeauH said:

 So filing, you recommend file MFJ, and that would help me out a bit in deductions?  

 “Itemized Deductions” (like donations, mortgage interest, some medical and such) are kind of a thing of the past for average blokes like us since the IRS overhauled taxes a few years back. They created such a huge “Standard Deduction” that you just get without doing anything or having a mortgage, etc) It’s often better than trying to come up with a bunch of deductions that are higher than $25,900 for 2022.  It works like this—-say your income is $60,000. You get to subtract $25,900 off that and only pay taxes on $34,100 income instead of the full $60k you earned. So that’s how filing jointly in your case is most likely the best. 
 

2 hours ago, BeauH said:

read somewhere that we should get married ASAP and she should apply for her SSN immediately, but you are saying "don't worry about actual marriage or the last name.  Just apply ASAP.  Get the number and change the name later".

Get married by Dec 31 if you want the tax benefits in 2022 tax year. Otherwise your filing has to be Single. If she can’t get here before 2022 ends, I see no rush to marry asap as long as it’s within 90 days.

 

I think you misread some. I explained she only has a 76 day window to get a SSN as a K1. That is what you should do asap….go apply for her SSN. .She has to apply in the name she entered the US with because she has to be found in USCIS admission records by the Social Security office. If you go in and apply in her new married name, she won’t be found under that name and they won’t issue a SSN. Even if her card is not in her married name, the ss number still works for her. She can change the last name with Social Security after USCIS issues her greencard or employment authorization in the married name. Do apply for AOS/EAD/AP in the new married surname.

[DaveAndAnastasia 2,092]

2 hours ago, OldUser said:

Those patronymics 😅

 

AFAIK Russian passports for international travel do not include patronymics, only first and last names. I would not include it on SSN etc. In all  immigration forms I would disclose it under other names used and explain that it's patronymic. There is an argument patronymic is not a middle name. If country of origin does not include it in their documents issued in English, it should not be used for US immigration paperwork, only mention it exists. Makes life so much easier, than listening to long patronymic such as Viacheslavovna  being read at the doctor's office when calling names for example 😃

The wrinkle in this is that apparently if your patronymic is not shown on your name change document (marriage certificate or other), then it's something of a pain to get your surname officially changed in Russia ... though this is apparently usually resolved by not officially changing your name in Russia (Anastasia is doing this).

[BeauH 9]

I have another question...

What supporting docs should I give to my fiance for her interview?  She is Russian and going to Poland for her interview. I have read that different consulates look for different docs.

I  was planning to give her:

  - Letter from employer

  - 3 years of Tax Return Transcripts

  - Bank statements for monthly balance for the last 12 months.  

Edited December 5, 2022 by BeauH
Not finished