What tax forms would I use when my Adjustment of Status is pending?

[texanspider]

I came to the US on an F1 visa. I got married in 08/17 and filed for AoS in 11/17 (My wife is a US citizen). Both my wife and I have been working all these years.

I received an EAD and Advanced Parole in 12/17.

I traveled abroad and got a PAROLED stamp on my passport on my return to the country because my AoS was pending.



My understanding is that currently I do not have a status (even though the F1 visa on my passport is unexpired) because I have the PAROLED stamp in my passport switching my status from F1 to 'no-status'.



My AoS is still pending, and I have sent a follow up to USCIS since it is outside processing time.



In the past I have used tax prep software that was provided by our university. The forms used were Form 1040-NR and Form 8843.

The forms need to be physically mailed in, and couldn't be filed online.

My question now is:

Which tax forms I would use to file this year?
Should I jointly file with my wife? If so what status would I say I am?


Thanks for your help!

[bobm445]

Use Turbo Tax and do married filing jointly. Good for the Co mingling of your finances.

I came to the US on an F1 visa. I got married in 08/17 and filed for AoS in 11/17 (My wife is a US citizen). Both my wife and I have been working all these years.

I received an EAD and Advanced Parole in 12/17.

I traveled abroad and got a PAROLED stamp on my passport on my return to the country because my AoS was pending.



My understanding is that currently I do not have a status (even though the F1 visa on my passport is unexpired) because I have the PAROLED stamp in my passport switching my status from F1 to 'no-status'.



My AoS is still pending, and I have sent a follow up to USCIS since it is outside processing time.



In the past I have used tax prep software that was provided by our university. The forms used were Form 1040-NR and Form 8843.

The forms need to be physically mailed in, and couldn't be filed online.

My question now is:

Which tax forms I would use to file this year?
Should I jointly file with my wife? If so what status would I say I am?


Thanks for your help!

[Enub4]

I'm no expert, but I think:
- you no longer under F1 status but pending AOS
- you can file taxes as married
- you are a resident alien for tax purposes

More information about the Substancial Presence Test

https://www.irs.gov/individuals/international-taxpayers/substantial-presence-test

Tax Treatment of Resident Alien
If you are a U.S. resident alien, you use the same forms and mailing addresses as U.S. citizens. You can use the same filing statuses available to U.S. citizens. You can claim the same deductions allowed to U.S. citizens if you are a resident alien for the entire tax year.

[Njsamesex]

I came to the US on an F1 visa. I got married in 08/17 and filed for AoS in 11/17 (My wife is a US citizen). Both my wife and I have been working all these years.

I received an EAD and Advanced Parole in 12/17.

I traveled abroad and got a PAROLED stamp on my passport on my return to the country because my AoS was pending.



My understanding is that currently I do not have a status (even though the F1 visa on my passport is unexpired) because I have the PAROLED stamp in my passport switching my status from F1 to 'no-status'.



My AoS is still pending, and I have sent a follow up to USCIS since it is outside processing time.



In the past I have used tax prep software that was provided by our university. The forms used were Form 1040-NR and Form 8843.

The forms need to be physically mailed in, and couldn't be filed online.

My question now is:

Which tax forms I would use to file this year?
Should I jointly file with my wife? If so what status would I say I am?


Thanks for your help!

I am in the same situation as you, F1 in pending AOS for marriage-based permanent residence. My husband and I filed together last year before we started the green card process and we are going to file together this year again while the process is pending. Mingling finances is a good sign of bona fide marriage. My husband included me his tax and we filed as a married couple. Regarding your status, I am not sure if your F1 is still valid. Given that you have used benefits derived from my green card application, your F1 might have been revoked - you cannot benefit from two different visas/statuses or however it is spelled. I confirmed with the int'l office at my university and they discouraged me from traveling and working with parole and EAD and, instead, wait for the actual green card. You might want to check that with them or maybe not, as they might have not noticed.

TLDR: file together; your wife could file as a married couple listing you. IRS won't care about your status (they did not for me).

[ArizonaPHX]

Im in the same boat, F1 on OPT and not sure how to file taxes.
I never did before and want to do joint tax return so it helps when I go to the interview.

[Dukeith]

Im in the same boat, F1 on OPT and not sure how to file taxes.
I never did before and want to do joint tax return so it helps when I go to the interview.

Same here. We are getting a CPA to help us to do that.

[texanspider]

Use Turbo Tax and do married filing jointly. Good for the Co mingling of your finances.

Thanks for the response!

Don't quote me on this, but the last time I checked Non Residents should be vary of using Turbo Tax to file taxes.

If you're a Non Resident, my understanding is that you need to send in physical copies of your tax filing (and keep a copy of the filing yourself for reference)

Now I know that this doesn't apply to my case because I'm AoS Pending, and that probably means that I'm a Resident for all tax filing purposes.

[texanspider]

I'm no expert, but I think:
- you no longer under F1 status but pending AOS
- you can file taxes as married
- you are a resident alien for tax purposes

More information about the Substancial Presence Test
https://www.irs.gov/individuals/inte...-presence-test

Thanks for this! I'll read the substantial presence link again.
All your points make sense to me, and seem valid.

[texanspider]

I am in the same situation as you, F1 in pending AOS for marriage-based permanent residence. My husband and I filed together last year before we started the green card process and we are going to file together this year again while the process is pending. Mingling finances is a good sign of bona fide marriage. My husband included me his tax and we filed as a married couple. Regarding your status, I am not sure if your F1 is still valid. Given that you have used benefits derived from my green card application, your F1 might have been revoked - you cannot benefit from two different visas/statuses or however it is spelled. I confirmed with the int'l office at my university and they discouraged me from traveling and working with parole and EAD and, instead, wait for the actual green card. You might want to check that with them or maybe not, as they might have not noticed.

TLDR: file together; your wife could file as a married couple listing you. IRS won't care about your status (they did not for me).

This sounds good, thanks! I didn't realize that AoS Pending could still be consider Resident for tax purposes.

[bobm445]

I filed with my wife with a tin # last year. Didn't even have a social. Once you marry and file for adjustment of status you can file as a couple as you live in the US. USCIS likes to see this. If you file separately you will pay more taxes. If you file as single you do tax fraud even though you pay more.

Thanks for the response!

Don't quote me on this, but the last time I checked Non Residents should be vary of using Turbo Tax to file taxes.

If you're a Non Resident, my understanding is that you need to send in physical copies of your tax filing (and keep a copy of the filing yourself for reference)

Now I know that this doesn't apply to my case because I'm AoS Pending, and that probably means that I'm a Resident for all tax filing purposes.

[newacct]

This sounds good, thanks! I didn't realize that AoS Pending could still be consider Resident for tax purposes.

You are a resident for tax purposes for the year if you pass the Substantial Presence Test or Green Card Test for the year. You don't pass the Green Card Test, so it's the Substantial Presence Test that matters. You pass the Substantial Presence Test for the year if (the days you were in the US in the year + 1/3 the days you were in the US the previous year + 1/6 the days you were in the US the year before that >= 183 days). However, days as F1 student are exempt from the Substantial Presence Test unless you have been exempt for some part of 5 previous years. So if you came in F1 status in 2014 or after, and you hadn't previously been in F/J status, your days in F1 status in 2018 are not counted in the Substantial Presence Test. But if you came in F1 status in 2013 or earlier, all your days in F1 status in 2018 are counted in the Substantial Presence Test. Your days in Parolee status after you entered on AP are counted in the Substantial Presence Test regardless.

Also note that even if you are a nonresident alien for tax purposes, if your spouse is a resident alien or citizen at the end of the year, you can use the Nonresident Spouse Treated as Resident option, and become a resident alien for the whole year, and file jointly with your spouse. (Normally, nonresident aliens cannot file jointly.)

[ArizonaPHX]

Same here. We are getting a CPA to help us to do that.

Please update us with your case, my wife is a CPA but she does not do taxes so she has no idea about that.
I will let you know if I find any info

[Dukeith]

Please update us with your case, my wife is a CPA but she does not do taxes so she has no idea about that.
I will let you know if I find any info

Sure! I was under treaty but we are going to file jointly. We have the appointment next Wednesday.

I think it is really hard to file taxes using software when you have income (H1B or another working visa) while you are adjusting your status. It has to be filed by professional to make sure everything is correct.