Tax returns Q for spouses of USC

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NBC_June04

Registered Users (C)
Guys, all of you spouses of USC. As far as I can understand from IRS regulations spouses of USC (still AOS) should file Joint Tax Returns with their USC spouse the year following the marriage and considered as residents for tax purposes (even if case is pending and no green card yet). Correct me if I am wrong?

Sorry for the side question, but the biggest group in this situation I can find here. Thanks.
 
This is a very tricky topic so I'm going to generalize some things and omit few datils.

Generally speaking, one becomes a US permanent resident for tax purposes after 6 months of residence reardless of his/her immigration status. IRS has its own rules, separate from INS.

Regarding joint filing - file together the first tax return after the marriage.

Even if the spouse doesn't work and would not be required to file a return otherwise, it's much better to file a joint return. Why? Several thousand dollars saved on taxes depending on your income ... you do the math. ;)
 
Yap, I know INS and IRS regulations concerning residency are different.Just wanted to make sure. Thanks

One more question. I was J-1 by the time we got married and filed for AOS in June 2004. J-1 is one of the categories you cant count days of presence to meet the residency test. Since everything changed in June IRS wants also some kind of explanation of the change of the situation when we file the joint tax return in 2005. Is it plain text letter, INS notices for 485/130, marriage certificate or anything else?
 
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GeorgeF said:
I don't understand your question :confused:
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Sorry. :rolleyes:
What I meant is that I wasn't able to file as resident before filing for AOS while I was under my non-immigrant J1 status.
As far as I read from IRS site they want an explanation and supporting documents if one year you file as a non-resident and next year as a resident. They just dont specify what kind of documents they want to prove the change of status from non-resident to resident for tax purposes. :confused:
Thjax anyway. AT least I am kind of sure that it's alright to file a joint tax return. The rest we'll figure it somehow the way we 've done so far.
Tahnx
 
Oh, I see....
Well, I'm not aware of that situation and I have no idea what kind of docs to they need.

Have you tried calling them? I did call them once in my lifetime with kind of similar question and they were very helpful.
 
Ye, I really called them asking other questions. I'll call them for sure to confirm when the time comes. I know that they help. Thanx :)
 
you are correct in filing as non-resident

however once you file that I-485 application you are then considered pending AOS which gives you residency status as far as IRS is concerned.

you actually should file tax return as joint so that when you show that to INS it will show that you both are living together and you both share income, two things INS is looking for.
 
bb_5555 said:
you are correct in filing as non-resident

however once you file that I-485 application you are then considered pending AOS which gives you residency status as far as IRS is concerned.

you actually should file tax return as joint so that when you show that to INS it will show that you both are living together and you both share income, two things INS is looking for.
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That's what I thought having read the IRS regulations on the issue. That's great that we can do it together with my husband next year. Just wanted to check it up with you guys, since I am pretty sure many of you have done it. Thanks a lot :)
Hope I didnt make the other forumists frustrated with the question :eek:
 
F1 students may elect to file taxes as residents for tax purposes after 5 years of being in F-1 status.

After filing for AOS - do file it jointly as residents. :)
 
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