AOS not completed in 2014 -- Should we file taxes jointly or separately?

[djui85]

Hi all,

I married my wife (US citizen) while I (European) have been in the US on a J1 visa (for an internship from June through September 2014) and we filed our AOS package (I-485, I-130, I-131, I-765) in November 2014. AOS was not completed in 2014 (i.e., I was not a permanent resident in 2014, as I have not received my green card yet).

We are not sure whether we have to file our taxes for 2014 jointly or separately and me using the 1040NR tax form, i.e., "U.S. Nonresident Alien Income Tax Return". The reason why we are not sure about how to file is the fact that I was not a permanent resident anytime in 2014 (although I married my wife who is a US citizen and submitted the AOS application for me to become a permanent resident). From a legal and tax perspective, was I still considered a "nonresident alien" in 2014 or did my status change solely because of the fact that I married my wife and filed for AOS?

We called IRS and talked to representatives at H&R Block and nobody was able to give us a clear answer. IRS only referred us to this publication: http://www.irs.gov/publications/p519/ch01.html

If we would really file jointly not using the "nonresident alien" form, we have to specify the "date I became a resident" -- should we indicate the date we submitted the AOS paperwork or our wedding date?

Thanks so much already for your advice. We really appreciate your help!

[inadmissible]

Where on Form 1040 does it ask you the date you became a resident? You did not meet the substantial presence test, but you did meet the green card test if you exercised the privileges conferred by your AOS EAD.

[rayb]

To add to reply of "Inadmissible," the income tax return itself does not ask when you became a resident. That is a question that would come up with some tax software, but is not necessarily relevant to how you submit your tax return. If you have an SSN, file your tax return jointly. The "NR" tax form can be used with you and your wife each filing as "married separate," but it's really not an issue that is worth worrying about.

--Ray B

Hi all,

I married my wife (US citizen) while I (European) have been in the US on a J1 visa (for an internship from June through September 2014) and we filed our AOS package (I-485, I-130, I-131, I-765) in November 2014. AOS was not completed in 2014 (i.e., I was not a permanent resident in 2014, as I have not received my green card yet).

We are not sure whether we have to file our taxes for 2014 jointly or separately and me using the 1040NR tax form, i.e., "U.S. Nonresident Alien Income Tax Return". The reason why we are not sure about how to file is the fact that I was not a permanent resident anytime in 2014 (although I married my wife who is a US citizen and submitted the AOS application for me to become a permanent resident). From a legal and tax perspective, was I still considered a "nonresident alien" in 2014 or did my status change solely because of the fact that I married my wife and filed for AOS?

We called IRS and talked to representatives at H&R Block and nobody was able to give us a clear answer. IRS only referred us to this publication: http://www.irs.gov/publications/p519/ch01.html

If we would really file jointly not using the "nonresident alien" form, we have to specify the "date I became a resident" -- should we indicate the date we submitted the AOS paperwork or our wedding date?

Thanks so much already for your advice. We really appreciate your help!