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  • Tax liabilities

    I got married in China in April. I have filed the I130 and the I129f ( K3 visa ) As of right now i am not sure of how long this process will take. I am guessing in the 6 to 9 month range. If she is not able to come to USA till next year, Will i file my taxes for 2003 as Married or Single? If i have to file as married, Can i claim her as a dependant? Just curious, Can anybody advise me?
    Thanks, Patrick

  • #2
    I got married in China in April. I have filed the I130 and the I129f ( K3 visa ) As of right now i am not sure of how long this process will take. I am guessing in the 6 to 9 month range. If she is not able to come to USA till next year, Will i file my taxes for 2003 as Married or Single? If i have to file as married, Can i claim her as a dependant? Just curious, Can anybody advise me?
    Thanks, Patrick

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    • #3
      Umesh, please respond to this one..

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      • #4
        When you file your income tax papers you must mention that you are married. Since she is in China, so you can not claim her as your dependent. If you had filed I-130 and Affidavit of Support in China then it will much faster and she should be here in less than 6 months but if you file here in the United States then it can take some where from 9 - 15 months for her to get Immigrant Visa.
        Good luck.

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        • #5
          How can you file I-130 in China? She has the affidavit of support documentation. The I-130 is not a concern anyways. Its the I129f (K3 visa) that matters to me. That is supposedly the fastest way for me to get her here. Everything i have been told and read about is... I am a USC. We married in April. Because China doesnt do DCF...The fastest way for her to get here was through the K3 Visa. The timeline is somewhere between 6 to 9 months.
          But that wasnt really my question. I just needed to know how to file my taxes for next year. Married or Single? Married increases my taxes because of the marriage penalty, but if i could claim her as my dependant that would even it out.
          Thanks for your response, Patrick

          Comment


          • #6
            Patrick, your tax status is determined on the last day of the year. If you are married as of last day of the year, you can file married filing jointly or married filing separately; you can only use the MFS if your spouse has an income in that year.
            Note that you can NEVER claim your spouse as a dependant even if you support her. You file MFJ, then report that she has no income and claim 2 exemptions and standard deduction for MFJ. its thats simple.
            When you talk about avoiuding marriage penalty, that would be an option for you if your wife has an income the whole year. If she does not now, then you cannot escape the so called marriage penalty. By the way, they just passed a law to do away with marriage penalty which means standard deduction for MFS= MFJ std deduction divided by 2.

            Does this answer your question?

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