Taxes and I-485
Jul 5th 2004, 10:31 pm
#1
Guest
Posts: n/a
Taxes and I-485
I quit my job, left the US and had my I-485 approved once I'd returned to my
home country. I never went back to the US.
I believe this approval to be in error, but assuming that it can't be
retroactively corrected, would I be considered a "resident alien" for tax
purposes under the Green Card Test? I don't have a GC or a temporary I-551
stamp in my passport, but I do have an approved I485!
Help!
home country. I never went back to the US.
I believe this approval to be in error, but assuming that it can't be
retroactively corrected, would I be considered a "resident alien" for tax
purposes under the Green Card Test? I don't have a GC or a temporary I-551
stamp in my passport, but I do have an approved I485!
Help!
Jul 6th 2004, 12:26 am
#2
I'm back!
Joined: Jul 2002
Location: Richmond, VA, USA
Posts: 4,316
Re: Taxes and I-485
Originally posted by A . Melon
I quit my job, left the US and had my I-485 approved once I'd returned to my
home country. I never went back to the US.
I believe this approval to be in error, but assuming that it can't be
retroactively corrected, would I be considered a "resident alien" for tax
purposes under the Green Card Test? I don't have a GC or a temporary I-551
stamp in my passport, but I do have an approved I485!
Help!
I quit my job, left the US and had my I-485 approved once I'd returned to my
home country. I never went back to the US.
I believe this approval to be in error, but assuming that it can't be
retroactively corrected, would I be considered a "resident alien" for tax
purposes under the Green Card Test? I don't have a GC or a temporary I-551
stamp in my passport, but I do have an approved I485!
Help!
In any case, you should be able to be considered a "resident alien" for tax purposes if you file a joint return, even if you did not have the green card at the time.
Mark and I filed a joint return for 2003, and to date he still hasn't worked in the States yet. We opted to have him considered a resident alien for tax purposes, because by filing jointly we could exempt Mark's foreign-earned income. FWIW, we filed our taxes in January and Mark didn't get his AOS approval until last month. Our taxes went through without a hitch.
~ Jenney
Jul 6th 2004, 2:26 am
#3
Guest
Posts: n/a
Re: Taxes and I-485
Jenney & Mark <member2595@british_expats.com> wrote:
> Originally posted by A . Melon
> > I believe this approval to be in error, but assuming that it
> > can't be retroactively corrected, would I be considered a
> > "resident alien" for tax purposes under the Green Card
> > Test? I don't have a GC or a temporary I-551 stamp in
> > my passport, but I do have an approved I485!
> If you don't have
> a stamp or a green card, then how do you know you were approved? Did you
> not have an interview (since you said you were approved AFTER you left
> the States)? Just curious...
It was an employment-based AOS - I should have been clearer. The approval was
sent to my old US address and forwarded to me. I'm single and so there's no
joint return to file.
I posted my question here since from Google it seems this is where all the
immigration/tax experts hang out!
> Originally posted by A . Melon
> > I believe this approval to be in error, but assuming that it
> > can't be retroactively corrected, would I be considered a
> > "resident alien" for tax purposes under the Green Card
> > Test? I don't have a GC or a temporary I-551 stamp in
> > my passport, but I do have an approved I485!
> If you don't have
> a stamp or a green card, then how do you know you were approved? Did you
> not have an interview (since you said you were approved AFTER you left
> the States)? Just curious...
It was an employment-based AOS - I should have been clearer. The approval was
sent to my old US address and forwarded to me. I'm single and so there's no
joint return to file.
I posted my question here since from Google it seems this is where all the
immigration/tax experts hang out!
Jul 6th 2004, 2:45 am
#4
Concierge
Joined: Apr 2001
Posts: 46,473
Re: Taxes and I-485
Originally posted by Jenney & Mark
If you don't have a stamp or a green card, then how do you know you were approved? Did you not have an interview (since you said you were approved AFTER you left the States)? Just curious...
In any case, you should be able to be considered a "resident alien" for tax purposes if you file a joint return, even if you did not have the green card at the time.
Mark and I filed a joint return for 2003, and to date he still hasn't worked in the States yet. We opted to have him considered a resident alien for tax purposes, because by filing jointly we could exempt Mark's foreign-earned income. FWIW, we filed our taxes in January and Mark didn't get his AOS approval until last month. Our taxes went through without a hitch.
~ Jenney
If you don't have a stamp or a green card, then how do you know you were approved? Did you not have an interview (since you said you were approved AFTER you left the States)? Just curious...
In any case, you should be able to be considered a "resident alien" for tax purposes if you file a joint return, even if you did not have the green card at the time.
Mark and I filed a joint return for 2003, and to date he still hasn't worked in the States yet. We opted to have him considered a resident alien for tax purposes, because by filing jointly we could exempt Mark's foreign-earned income. FWIW, we filed our taxes in January and Mark didn't get his AOS approval until last month. Our taxes went through without a hitch.
~ Jenney
Jenn
Those adjusting status from visas other than marriage-based usually do not have adjustment interviews. They are just sent notification that they have been approved/disapproved.
This poster obviously posted on the wrong newsgroup.
Rete
Jul 6th 2004, 3:02 am
#5
Forum Regular
Joined: Jul 2004
Posts: 102
Re: Taxes and I-485
Originally posted by A . Melon
I quit my <A TITLE="Click for more information about job" STYLE="text-decoration: none; border-bottom: medium solid green;" HREF="http://search.targetwords.com/u.search?x=5977|1||||job|AA1VDw">job</A>, left the US and had my I-485 approved once I'd returned to my
home country. I never went back to the US.
I believe this approval to be in error, but assuming that it can't be
retroactively corrected, would I be considered a "resident alien" for tax
purposes under the Green Card Test? I don't have a GC or a temporary I-551
stamp in my passport, but I do have an approved I485!
Help!
I quit my <A TITLE="Click for more information about job" STYLE="text-decoration: none; border-bottom: medium solid green;" HREF="http://search.targetwords.com/u.search?x=5977|1||||job|AA1VDw">job</A>, left the US and had my I-485 approved once I'd returned to my
home country. I never went back to the US.
I believe this approval to be in error, but assuming that it can't be
retroactively corrected, would I be considered a "resident alien" for tax
purposes under the Green Card Test? I don't have a GC or a temporary I-551
stamp in my passport, but I do have an approved I485!
Help!
The INS and IRS do not talk to each other.
The IRS don't know or care what your status is as long as they get money from you. Thats the reason millions of "illegals" work and PAY TAXES in the USA.
You can file taxes any way you want, just so long as you don't do anything stupid enough to trigger an audit.
