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Lucas Lindsey

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This is such a helpful thread! I'm dealing with a similar situation but with a twist - my spouse came here on a K-1 fiancΓ© visa in late 2023, we got married in December, and now he's adjusting status to permanent resident. From reading all these responses, it sounds like the substantial presence test would still apply to determine his tax residency status, even though he entered on a different type of visa. He's been here about 4 months total in 2023, so probably doesn't meet the 183-day threshold for this year. But I'm curious about that "first year choice" election that @Zara Perez mentioned - would that apply to K-1 visa holders who get married and adjust status? It seems like it could be really beneficial for couples in our situation where someone arrives late in the year but will clearly be a resident going forward. Has anyone else navigated the W-4 question with a K-1 to adjustment of status timeline? I want to make sure I'm filling out my work forms correctly!

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Welcome to the community! Your K-1 to adjustment of status situation is actually pretty common, and you're right that the substantial presence test still applies regardless of visa type. Since your spouse has only been here about 4 months in 2023, he likely wouldn't meet the 183-day threshold for this year alone. However, the "first year choice" election could definitely be beneficial for your situation! This election allows you to treat your spouse as a resident alien for the entire year of 2023, even though he only arrived partway through the year. The key requirements are that your spouse wasn't a resident in 2022, meets the substantial presence test for 2024 (which he almost certainly will since he's staying permanently), and is present in the US for at least 31 consecutive days during 2023. For your W-4, if you decide to make this election, you would answer "No" to the non-resident alien question since you'd be treating your spouse as a resident for tax purposes. This election usually makes sense for couples who want to file jointly and when the non-US spouse doesn't have significant foreign income that would create a tax burden. You'll need to attach a statement to your 2023 tax return making this election, but it can definitely simplify things going forward and potentially save you money compared to filing separately.

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I went through this exact situation last year with my husband who was adjusting status from a tourist visa overstay (don't judge - we got married and filed everything properly!). The substantial presence test calculations can be really confusing, especially when you're trying to figure out partial years. One thing that helped me was keeping a detailed calendar of exactly which days my husband was physically present in the US. The IRS counts ANY part of a day as a full day for the substantial presence test, so even if someone arrives late at night or leaves early in the morning, those count as full days. For your situation with your husband arriving permanently in July 2023, make sure you're counting ALL days from July through December 31st, plus the brief January visit. That should put you well over the threshold when combined with the weighted days from 2022. Also, just a heads up - when you eventually file your 2023 tax return, you might want to consider making the "dual-status" election if it would be more beneficial. This lets you treat part of 2023 as non-resident (January through July) and part as resident (July onwards). Sometimes this can be better than treating the entire year as resident, depending on your income situations. The good news is that once someone meets the substantial presence test, the W-4 question becomes much clearer for future years!

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This is really helpful, thank you! I hadn't thought about keeping a detailed calendar, but that makes total sense. I'm actually going to go back and mark every single day to make sure I have the count right. The dual-status election is interesting too - I hadn't heard of that option. Since my husband didn't have any US income in the first part of 2023 (before he moved here permanently), that might actually work out better than treating the whole year as resident status. Quick question - do you know if there's a deadline for making these elections? I want to make sure I don't miss any important filing deadlines while we're figuring out the best approach for our situation.

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CosmosCaptain

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Based on what I've seen in this community: β€’ Disappearing tax topic = processing movement (usually good) β€’ Can't access transcripts = separate issue (verification problem) β€’ 3 weeks processing = still within normal timeframe β€’ Student filers often see faster processing in May β€’ Most refunds with standard deductions/credits arrive within 21-30 days Don't panic yet! But if it goes beyond 30 days with no updates, then consider taking more action.

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I went through the exact same thing about 6 weeks ago! Tax topic disappeared, couldn't access transcripts online, and I was convinced something was wrong. Turns out it was just the normal processing flow. My refund showed up exactly 23 days after filing. The transcript access issue is super common - I had moved apartments and apparently my phone number wasn't updated in their system properly. Once I called the automated transcript line (1-800-908-9946) instead of trying online, I could actually get through and see my account transcript which showed everything was processing normally. For what it's worth, disappearing tax topics during weeks 3-4 after filing is actually pretty typical, especially if you have any credits or deductions that need additional verification. Since you need this for summer tuition, I'd suggest checking your bank account daily too - sometimes the deposit appears before WMR updates with the official date!

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Miguel Ortiz

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This is really helpful to hear from someone who went through the same situation! I'm definitely going to try that automated transcript line you mentioned - I hadn't thought about calling instead of using the website. It's reassuring to know that 23 days is still within the normal range. I've been checking my bank account obsessively but nothing yet. Did you get any kind of advance notice through WMR before your deposit actually hit, or did it just show up one day?

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Sunny Wang

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Quick note to add to all this great advice - make sure you're clear on your "last day of UK tax residency" and "first day of US tax residency" because those don't necessarily align with your physical move dates! This created a huge headache for me when I moved from UK to US. If you have ongoing UK income (like rental property or investments), you might end up in a situation where both countries claim you as a resident for tax purposes.

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Is there a specific way to determine or document these dates? My company is suggesting I keep my UK employment active for a couple months after physically relocating to the US as a "safety net" but I'm worried that'll create tax complications.

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Ethan Clark

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That "safety net" arrangement your company is suggesting could definitely create complications! You'd potentially be considered a UK tax resident (due to ongoing employment) AND a US tax resident (due to physical presence) simultaneously. This is exactly the dual residency issue @Sunny Wang mentioned. For determining the dates, the UK uses statutory residence tests that consider factors like days spent in the UK, accommodation ties, work patterns, etc. The US uses the first "day present rule" for immigrants. These don t'always align cleanly. I d'strongly recommend getting advice from tax professionals in both countries before agreeing to that arrangement. The treaty tie-breaker rules exist to resolve dual residency, but you want to plan this properly rather than sort it out after the fact when it s'messier and potentially more expensive.

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Freya Nielsen

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This thread has been incredibly helpful! As someone who's been in a similar limbo situation with an L1 visa, I wanted to add one more consideration that hasn't been mentioned yet. Even though you don't have filing requirements now, it's worth starting to document everything related to your US travel and visa status. Keep records of: - Entry/exit dates from the US (I-94 records) - Purpose of each trip (business meetings, etc.) - Your UK tax returns showing UK-sourced income - Employment contracts/payroll records proving UK employment This documentation becomes invaluable later when you do make the transition to US tax residency. The IRS may ask about your prior tax status, especially for the first few years after you become a US resident. Having clear records that demonstrate you were correctly classified as a non-resident alien during your business travel period will save you potential headaches down the road. Also, once you do relocate, consider whether you'll need to report any UK bank accounts or investments on FBAR (Form 114) or Form 8938. The reporting thresholds are different for US residents vs non-residents, so accounts that didn't require reporting before might need to be disclosed after you move.

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This is excellent advice about documentation! I'm just starting to travel to the US for business and hadn't thought about keeping such detailed records. One question - for the I-94 records, is there a specific way to access or preserve those? I know they're electronic now, but I want to make sure I'm capturing the right information for future reference when I eventually do relocate. Also, regarding the FBAR reporting you mentioned - do you know if there's a grace period or any special considerations for the first year after becoming a US resident? I have several UK investment accounts that would definitely exceed the reporting thresholds once I'm classified as a US resident.

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One thing I learned from my reconsideration (approved last month!) is to include a table of contents and tab/label all supporting documents. My CPA made a cover page for each disputed item with a summary of why the original determination was incorrect and what documents were attached to support our position. Made it super easy for the reviewer to follow.

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Yara Assad

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That's a brilliant idea! I'm definitely going to use a table of contents approach. About how many pages was your full submission package?

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Our full package was about 47 pages - 4 page reconsideration letter, 1 page table of contents, and the rest was supporting documentation for three disputed items. We used colored separator pages between each section which the IRS agent later told us was really helpful.

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Omar Mahmoud

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This thread has been incredibly helpful! I'm a tax professional who's handled about a dozen audit reconsiderations over the past few years, and I want to add one crucial point that I haven't seen mentioned yet. Always include a specific timeline in your reconsideration letter showing when events occurred and when documentation was created. The IRS needs to understand why certain information wasn't available during the original audit. For example, if bank statements were requested but the taxpayer's bank had a processing delay, or if medical records weren't released until after the audit closed - spell this out clearly. I also recommend including a brief "procedural history" section that summarizes what happened during the original audit, what was requested, what was provided, and what the final determination was. This helps the reconsideration reviewer understand the full context without having to dig through the original audit file extensively. One more tip: if you're dealing with multiple tax years, submit separate reconsideration requests for each year even if the issues are similar. The IRS processes these by tax year, and combining them can actually slow things down.

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Derek Olson

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This is exactly what I needed to hear! I'm working on my first audit reconsideration and hadn't thought about including a procedural history section. That makes so much sense - giving the reviewer context upfront rather than making them piece it together. Quick question about the timeline approach you mentioned: should I include dates for when I first requested documents from third parties (like banks or medical providers), or just focus on when I actually received them? My client's situation involves some delayed 1099s that didn't arrive until after the audit was closed.

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Thank you all for the helpful advice! I went with the simple approach that @Raul Neal suggested - just filled out Step 1 with my basic info and signed it. My HR person confirmed that's all I needed for my situation (single, one job, no dependents). I was overthinking it way too much! The new W4 seemed so complicated compared to the old one, but for basic situations it's actually pretty straightforward. I appreciate everyone taking the time to explain the differences and share their experiences. Hopefully this thread helps other people who are as confused as I was!

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Paolo Longo

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So glad this worked out for you! I'm dealing with the exact same situation - new job, completely confused by the W4. It's reassuring to know that for simple situations like ours, we really can just fill out Step 1 and be done with it. I was also overthinking it and worried I'd mess up my taxes somehow. Thanks for following up to let us know how it went - that really helps those of us still figuring this out!

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Marilyn Dixon

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I'm also dealing with this exact same situation! Just started a new job and stared at that W4 for like 20 minutes before giving up. It's so different from what I remember filling out years ago. Reading through all these responses is super helpful - I had no idea they completely redesigned the form in 2020, which explains why I was so lost. I think I'll go with the simple approach too since I'm also single with just one job. But I'm curious - should I expect my withholding to be pretty similar to what it was at my old job? I was always happy with getting a small refund, so I don't want to accidentally end up owing money next April.

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