AlistairL

So were filing DCF in London and getting docs together.

My wife(USC) is just getting around to filing her taxes for last year. Her work is helping her with all the details.

Since we are filing jointly her employers are asking for my(british citizen) tax returns for when I worked in the US on a J1 visa.

Do i need to show my tax returns too? Is there an easier way to get around this problem as I dont think her work realises what exactly were needing.

Should she file seperately and just get the tax return/transcripts that we need?

Thanks

Rete

Only if you were married to her at the time you were working in the US as a J-1.

Noorah101

The important thing is that she files in the "Married" category on her tax return. She can either file "Married filing jointly" or "Married filing separately". In this case, it's much easier to do a "Married filing separately" category, then I believe she won't need to provide any proof of your own income. It might not be the best category financially, though...you'd have to figure it both ways and see.

When did you work in the USA on your J-1? Were you married to her at that time? If not, I don't know why they'd need to see your US tax return from that time.

Rene

AlistairL

We got married in the grace period of my visa so technically I wasn't allowed to study/ work during that time.

As I say, Its her employer thats trying to help but I dont think they see the big picture.

Noorah101

Or, you can just provide what they need and have then get on with it.

The US Embassy in London has a very good IRS Department which is there to help USC's abroad file their tax returns. She might do better going to them for help instead of her employer.

Rene

AlistairL

She never came to the UK until March 09 and definitely filed in the US in 2008 and 2007. So I dont know why I even come into the equation.

Her earnings in the UK in 2009 should be no business of mine when it comes to US taxes, right?

meauxna

You still aren't saying WHEN you were in the US on the J-1 or what year you were married!

AlistairL

In the US from August 07 to December 08. Married December 08.

Rete

Then you count on her income taxes for years 2008 and 2009. Your earnings (unless you filed US taxes separately) should be included with hers. In either case the destinations for filing taxes are:

1. Single (must be unmarried)
2. Head of Household (single but with a dependent)
3. Married, filed joint (spouse's income is included)
4. Married, filed separate (spouse's income is not included)

USCIS will look to see that in returns for 2008 that you are listed as a spouse and that she filed under one of the two married categories above.

AlistairL

I filed my taxes. They were all filed as seperate to my wife. I wasn't married to her when I was working so she wasn't part of my tax return. Plus by the time we got married, i had terminated my contract with my employer.

So you'e saying I should have filed jointly??

Noorah101

If you were in a married status on Dec 31, 2008, then your 2008 tax return should have been filed either "married filing jointly" or "married filing separately". If you filed "single", then you filed wrong.

Same goes for your wife on her 2008 return.

Rene

AlistairL

Ok so were both wrong.

Visa cancelled, I'll file for divorce tomorrow.

Seriously, what steps do we take now?

Noorah101

LOL. First, I would contact the IRS Dept at the US Embassy in London and get their help in filing your USC wife's past tax returns which are needed for your visa interview. They are a better choice than her employer. Getting her 2009 tax return filed and documented is the priority, since you'll need it for your interview. She can file it "married, filing separately" so you don't have to gather up all your own income paperwork from 2009.

If she filed in the wrong category in 2008, she should do an amended return, again something London IRS Dept can help her with.

Rene

AlistairL

Ok thank you. So my tax returns are null and void and now don't matter right?seeing as my wife will file married seperate.

Noorah101

I'm no tax expert, but in my layman's opinion, your 2008 individual US tax return does not come into play, as long as your USC wife's past 3 years tax returns that you present to the ConOff at your interview are all correct.

Rene