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Aren't you supposed to report total income for I1864 ez if you filed using 1040?

Here's what it says on the I-864 part 6:

My total income (adjusted gross income on IRS Form 1040EZ) as reported on my Federal tax returns for the most recent 3 years was:

So my understanding is that his wife will but her AGI if she filed the 1040EZ and her net income if she didn't.

If you've married her within the last 3 months or so, you may be able to get her on your insurance with or without a social security number. It really all depends on your insurance policy.

If you cannot get her on your insurance, you may want to see if there are any free clinics in your area. I know in most major cities, there are some. Sometimes churches can help you find a local doctor or organization that will see your wife. Also, local medical schools sometimes do clinics.

Best of luck and I hope her eye heals soon!

Yes, you can write it down after printing it. The city my husband was born it wouldn't fit, so I wrote it in pen on the G325A and included it on an attached sheet of paper. I think you can put "NONE" or "N/A" where it asks for middle name.

Just remember this- if there isn't enough room, you can always write it in yourself (legibly of course) or write "see attached" and attach an continuation sheet.

Best of luck.

If you decide to get a certified copy in the USA, try rev.com. That may help. They're quick too. Best of luck!

Hey! Your AGI is your adjusted gross income. Depending on if you did a 1040 or 1040EZ, you have to include your AGI or net income for the I-864 where it asks what you made over the past 3 years. So, you'll need to refer to your 2013, 2012, and 2011 taxes to give that number accurately.

I'm still unsure if you're filling out the I-864 or just trying to establish that you both filed your taxes together. When you were single, you probably filed just for yourself or any dependents that you have. If you were married before December 31 or on December 31, you probably included your wife on your taxes, which is considered "married filing jointly". If you were married then, you could have also done "married filing separately" meaning you didn't file together. Forgive me, I haven't seen your timeline to see when you got married. If you got married in 2014, then disregard this completely

If you ARE doing the I-864, you can include paystubs over the last 6 months and a letter from your employer. That will definitely help establish that you have been working consistently and meet all of the requirements needed for the I-864.

Is your husband flying into the international terminal or the domestic? Either one is easy to find your party. He'll need to follow all signs that show where the exit is. If he's flying into the international terminal, I would suggest that you just wait close to the exit/CNN store, same with the domestic terminal. There's an area that you can wait right near where he'll walk out.

It might be a good idea for him to travel with a cheap phone so that he can call you if he has any issues. Plus, it'll probably ease your mind if you know that he hasn't run into any issues.

Make sure he knows your address and telephone number. He'll have to write all of that stuff on the forms when entering the country.

Best of luck!

If you're including taxes returns/transcripts for the I-864, you actually only have to include the most recent year's tax forms (2013). You do have to include your AGI for the 3 most recent though, so if you don't have that for 2011, you may want to find it. If you're just including them to show that you filed as married on your taxes, you can include as many or as few as you want. I probably wouldn't suggest skipping just one year though.

Just wondering..........

How many of you have (somewhat recently) filed an adjustment of status, received a letter saying your case was a potential interview waiver case, and then you were actually scheduled an interview shortly thereafter?

Yes, she should qualify for the 2555, I believe. I hired a CPA and he helped me. Don't forget to write the letter that you'll both sign. That letter will have to include your name, address, social security numbers, and a brief explanation that you both want her to be treated as a US resident for tax purposes for the year 2013. You'll have to sign it.

Some CPA's can attach 1 PDF on an efile. In that case, you could write the letter, they could scan it, and attach it in their federal efile. Others can't do that, so you'd have to mail it in with that letter attached. See what your CPA can do. Or you can do it yourself and mail it.

H&R block was really helpful for us, although we didn't actually use them. But they were knowledgeable.

Refer to Pub. 519 if you go to a CPA because some of them are unfamiliar with this rare situation.

This happened to me. I believe your petition is being sent to the NVC or something. I called when it happened to my I-129F petition. RIGHT after I got off the phone with them, I got the email saying it had been approved and was being transferred. By the time another officer called me back about my inquiry in regards to the address change, I had my answer- the physical location of the petition was changing.

It may not be that for you, but... that's what I experience and have seen in the past with K-1 fiance visa petitions.

Hopefully you'll hear good news soon.

Hello all,

My husband came on a K1 visa, we got married, applied for AOS, his employment authorization document, and advanced parole. His EAD and AP were recently approved and we are waiting on the card. Once that card comes in, he is legally able to work, but we have NO idea where to start once he gets a job.

Here's the backstory. My husband is from Haiti. He came in late 2013. He got a social security number. We were married before the 31st of December. We chose to file taxes jointly, so we included that letter asking for him to be considered as a US resident for tax purposes only for 2013 (and that stays in effect for all subsequent years unless you void the decision, according to the IRS publications). It says that once you make that choice, you cannot claim to be a tax resident for any other country.

So when he gets hired somewhere, they're going to ask him to fill out tax withholding documents like the w4, w9 (if he's hired as a contractor), w8BEN, or whatever else is needed.

I'm having difficulties finding what people are supposed to do once they've made that choice to be considered a resident for tax purposes on their taxes and they've been offered a job. I've researched the w9, w8BEN, and w4 and I can only find 1 document from the IRS that talks about what to do in this situation- and it says he needs to fill out a form that really only applies to nonresident aliens from a country with a tax treaty with the USA, which doesn't apply to him.

So, can you guys help me?

-What forms does he fill out when getting a part time or full time job?

-What forms does he fill out if he's hired as a contractor (this is the main option we have right now)?

-And what tax rules apply for receiving 1099s? I saw somewhere on an IRS document that if you're a green card holder and you don't file taxes or you choose to be taxed as a resident of a different country, you can be considered as giving up your residency rights/status. So if he gets paid via 1099s, then I'm guessing we have to pay estimated taxes quarterly or there could be major implications for that?

-What happen if he fills them out incorrectly?

This is all so confusing. He doesn't want to claim to be a US citizen or green card holder, because he's not. He doesn't meet the substantial presence test or green card test, so it seems like the w9 is out of the question... But we did make the choice for him to be considered a resident for tax purposes, so it seems like the w8BEN isn't right either. He's still a nonresident alien for immigration purposes though. And furthermore, he comes from a country with no tax treaty.

Help me navigate this, please.

Thanks so much!

You each sign the statement (laid out nicely in Pub 519 for what to include) then VOILA! he is a resident alien for all purposes and forms to the IRS. You may disregard anything further discussing non-resident aliens as far as taxes goes if you make the election. That's what "treated as a resident alien for tax purposes" means. It of course changes nothing with USCIS.

Nich Nick, I filed. I tried sending you a message for some questions I had. It said you don't receive messages. Is there another way I can ask you?

Hey everyone,

I've seen mixed things about this so I figured I would come here and ask for help from people who have done this successfully in the past.

My husband came on a K1 visa. We were married by the end of 2013. We want to file our taxes married filing jointly. We know that to do this, we have to include an attachment on our taxes saying that he is a nonresident alien but would like to be considered as a US tax resident for tax purposes only along with some other crucial info (SSN, name, address, etc etc etc).

We also have heard that we cannot e-file.

My husband worked abroad (made a few hundred dollars).

Here are my questions:

1- Can we or can we not e-file? (I don't think we can due to the attachment)

2- If we cannot efile, do the federal and state tax returns get sent to different locations?

3- Is there a prepared letter/form that we can attach to request him to be considered a US tax resident? Or do we just create it in a program like Microsoft Word and attach it?

4- Where do we claim his income? (I know global income has to be reported even if it was not earned in the USA- He was overseas for 300 days in 2013, which is less than 330, so I don't think we can use Form 2555... but I could be wrong.)

Can we just add it in with my income?

5- Has anyone done this themselves, without a paid preparer, and if so, do you have any tips?

We went to have our taxes prepared but the accountant had no idea what to do for any of this.

THANKS FOR YOUR HELP!!!

Hello everyone,

My husband came on a K-1 visa. We applied for the AOS and were scheduled to have his biometrics in late January.

The day before his appointment, they closed the application support center due to inclement weather. Later that day, they posted that they were also closing on the day of my husband's appointment due to inclement weather. We went to the ASC on the day of his appointment just to verify and it was closed. On the website, it says if the ASC is closed to inclement weather, they'll automatically reschedule the appointment OR a walk-in can be done. On the sign on the ASC door, it, "You must return within 30 days of your scheduled appointment or request a reschedule per the instructions on your appointment notice". They had re-opened the day after his appointment, so he got his biometrics done then. We have the biometrics appointment letter stamped to prove it.

My concern is this- we never received a rescheduled appointment letter. I would hate for them to say that we missed our appointment (even though they were officially closed) and our case was denied due to being abandoned. We've been waiting for about 20 days now for this rescheduled appointment or news about the outcome of my husband's employment authorization/work document and we haven't received anything.

Has this happened to anyone before? Has anyone done a walk in? What do you all suggest?

Thanks.

I'm confused by your timeline where/when you got the RFE.

But- anything to show you're together is good- tax returns, bank accounts, insurance cards/policies (car, health, life,) certified/notarized letters from friends and family testifying to your relationship, photos together (dated on the back,) travel tickets with your names on them, wedding and engagement ring receipts, call records, emails, letters, copies of Christmas cards, house/apartment leases, etc.... submit it all if they're asking for proof!

That should not be an issue. They'll ask your husband what language he feels best interviewing in. My fiance said "Creole" and the dude switched to English halfway through, which was fine, because my fiance was fluent in English too. They may ask him what language you all communicate in, so... if you are at the interview and get pulled into another room, be sure to tell the truth- Creole 99% of the time. That should be fine.

Rev.com

I used it- certified and not notarized, hasn't been an issue at all for my husband's K1 visa or the I-485. You can get it notarized though. Available in 24 hours.

My husband has his visa already and is living here in the USA. CEAC still says "AP". He was approved after the interview and just a few days later, it went to AP. It never came out of AP, but... it was delivered to him and all. Same with another woman I know whose fiance was approved just a few days before mine. Check the post office or location where they send the visa/passport when it's done being printed (if other than your home). My husband's too about 7 days after the approval at the interview to actually be processed and delivered.

I believe you have to put all your addresses from the last 5 years and if any one of them was overseas for more than 1 year, you also write it in the section that says "Address outside the USA for more than 1 year" or whatever that says. If it was less than 1 year, I believe it still has to go in the top section.

And her employment should be included also.

I didn't have all of my plane tickets (who, before they enter this process, keeps plane tickets for years and years? Not me.) I luckily had just a handful. Do you have email itineraries? Or the email that says "It's time to check in"? If so, you can include those. I also photocopied my entire passport because I had so many stamps in and out of the country my husband was from.

It works fine. It is legal. I did it. Others have done it. We have threads on it every year. Publication 519 is the source of info if you are good at reading IRS language.

A few things---

The new spouse needs a SSN for easiest filing and since a K1 can get one, that shouldn't be a problem.

Form 2555 or 2555EZ is for taking the foreign income exclusion.

H&R Block and such employees are often clueless about this specialty case and just do a return like any married couple. No, the foreign income is reported, then the exclusion taken.

Your question about W2s...Foreign income is self-reported in US$ equivalent. No paper proof is submitted. Not required. Keep some notes of how you came up with the earnings and the conversion rate, just so you remember later.

The person who said wait until next year--

Your biggest advantage is this year. You basically are paying tax on only one income, but get the advantage of a spouse's additional deductions. Next year the spouse may be working and more income to be taxed on. This year the spouse isn't working (in the US) and the foreign income gets the exclusion. Not filing jointly means the USC has to file Married filing Separately, which you will find is going to cost you more in taxes. If married in 2013, even just the last day of the year, then you no longer can file as single.

I looked at the 2555 and the 2555EZ- it says you can only use that form if you're a US Citizen or a resident alien. I know we want to consider him a resident alien for tax purposes, but he's not a US citizen or resident alien yet, so... do we even have rights to fill out that form?

I'm not familiar with China. I was worried that because in 2012 and all years before, I hadn't met the income requirement, they would accept my I-134 for 2013, even though I was currently meeting the requirements. I had a letter from my employer, paystubs (6+ months), a bank letter, and a letter from my supervisor. I was going to get a co-sponsor because I was worried that my 2012 income wouldn't suffice. I ended up submitting the I-134 by myself and I took documents for a co-sponsor to the interview with me just in case they said we didn't qualify. I'm glad I did that route because we qualified. It's based on the income you make NOW and the evidence you submit to show that. Some countries don't allow co-sponsors either. If you're in the clear, I'd send her to the interview with the co-sponsorship documents instead of submitting them both all at once. Whatever you're doing for those documents, give them as much support as possible. Better to be too thorough than not thorough enough. For personal property, he can have some evaluate/appraise the market value of his home less his debt, I believe.

Hey everyone,

I've been reading up on taxes a lot. My husband entered here on a K1 visa in November and we were married before Dec. 31, 2013. For taxes this year, we'd like to do married filing jointly. I read that you he, as a non-resident alien, could be considered a resident alien for tax purposes ONLY and that to do so, we'd have to attach a letter with our tax returns explaining various things about him to get him to qualify.

1- Has anyone ever done this? If so, what'd you do? Did you have any problems with the IRS later?
2- We fully intend to report the earnings he made abroad, but we have no W2s, 1099s, or receipts. What does one do in a case like that? Would a letter from his employer abroad be enough?

Any advice you'd give would be great.

Oh, and he has a social security number that I believe we'd be using for our taxes. We have applied for his green card but are still waiting.

Here's where I got my info in case others are in the same spot:

http://www.irs.gov/Individuals/International-Taxpayers/U.S.-Citizens-and-Resident-Aliens-Abroad---Nonresident-Alien-Spouse

Thanks

My husband will be in a similar predicament next year. I was told that we could visit the Embassy/Consulate for his country in our area and they could renew his passport. Try the French Embassy/Consulate in your area- maybe they can help.

Any updates on this?

Any updates on this?

Check Haiti Messager's website. My husband is now in the USA and it still says his visa hasn't been issued. Lol. I called that 877917# a billion times after the interview and they kept saying, "You're in AP" "It's being printed" "Just wait". Turns out, it had already left the building as was waiting for him at Haiti Messager. I'm going to try to find the website for you. You type in his last name, interview date, etc and it'll tell you if it's arrived. This is all assuming he was approved and the visa was sent to print.

http://www.haitimessager.ht/