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I just read on an IRS publication that if a spouse is non-resident ,me and my husband(USC)can file jointly only if we made a special election,smth about a declaration..a statement where we explain that we chose to be treated as resident for tax-purposes.

Our tax=accountant didn't even ask if I am resident.And we filed jointly.Anybody knows if there's smth wrong with that.Did you guys write a statement?

Otherwise..I see in the IRS publication that I have to prove my residency either with green card or presence here for 1 year...whic I don;t have any.

Are we in trouble?

Thanks

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Filed: Citizen (apr) Country: Ukraine
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I just read on an IRS publication that if a spouse is non-resident ,me and my husband(USC)can file jointly only if we made a special election,smth about a declaration..a statement where we explain that we chose to be treated as resident for tax-purposes.

Our tax=accountant didn't even ask if I am resident.And we filed jointly.Anybody knows if there's smth wrong with that.Did you guys write a statement?

Otherwise..I see in the IRS publication that I have to prove my residency either with green card or presence here for 1 year...whic I don;t have any.

Are we in trouble?

Thanks

We filed jointly also. My wife had her SSN and we were married and she was living here at the end of '08. She got her GC in January. I am not losing any sleep over it. You are married, you live together, you have an SSN. Sleep well.

VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

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I just read on an IRS publication that if a spouse is non-resident ,me and my husband(USC)can file jointly only if we made a special election,smth about a declaration..a statement where we explain that we chose to be treated as resident for tax-purposes.

Our tax=accountant didn't even ask if I am resident.And we filed jointly.Anybody knows if there's smth wrong with that.Did you guys write a statement?

Otherwise..I see in the IRS publication that I have to prove my residency either with green card or presence here for 1 year...whic I don;t have any.

Are we in trouble?

Thanks

This is correct, you only have to send a small letter.. something like 'hereby we, <name1> and <name2>, declare that.. etc. etc.' and make sure that you mention the correct tax year (2008 pobably), the full names and social security numbers.

This is at least what the IRS told me when I called them.

N400 Timeline:

12/14/11 - Sending out N400 package

12/19/11 - Received by USCIS

12/21/11 - NOA date

12/22/11 - Check cashed

12/27/11 - Received NOA

02/06/12 - Received yellow letter (pre-interview case file review)

03/13/12 - Placed in line for interview scheduling (3 yr anniversary)

03/17/12 - Received interview letter

04/17/12 - Interview - No decision, application under further review

04/17/12 - Biometrics

04/25/12 - Placed in line for oath scheduling (so I'm approved yay!)

04/27/12 - Received oath ceremony date

05/09/12 - Oath ceremony!!

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No Problem, You are fine. As long as, you are married & you have a SS#.

IRS does not give a d**n about your immigration status unless you are asked to

attend for IRS audit & they might ask you, then you can declare that you've assumed

yourself a LPR.

GOOD LUCK !.....

HERE IS MY TIMELINE :

I-130 mailed 01/13/09

I-130 received by USCIS 01/16/09

NOA1 Mail for I-130 received 01/22/09

I-485 Package mailed 02/17/09

I-485 Package received by USCIS 02/20/09

NOA1 Mail for I-485 & I-765 received 02/26/09

NOA2 e-mail for I-130 Approval 03/03/09 (47 Days)

NOA2 Hard Copy of I-130 Approval received 03/07/09

Biometrics Done 03/24/09

STILL CAN'T SEE ON-LINE STATUS FOR AOS & EAD !.....

NOTE : I DID NOT APPLY FOR I-131 (AP).

"Patience is the key to the paradise (US Citizenship, in our case)"

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I just read on an IRS publication that if a spouse is non-resident ,me and my husband(USC)can file jointly only if we made a special election,smth about a declaration..a statement where we explain that we chose to be treated as resident for tax-purposes.

Our tax=accountant didn't even ask if I am resident.And we filed jointly.Anybody knows if there's smth wrong with that.Did you guys write a statement?

Otherwise..I see in the IRS publication that I have to prove my residency either with green card or presence here for 1 year...whic I don;t have any.

Are we in trouble?

Thanks

I filed jointly when my wife was still in PI. She just made out a W-7 and I filled it with my return. No problems. She got a ITIN.

K1 denied, K3/K4, CR-1/CR-2, AOS, ROC, Adoption, US citizenship and dual citizenship

!! ALL PAU!

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Filed: Other Country: Thailand
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I wonder if the IRS and the Immigration have ever talked to each other. I filled as resident after the marriage, I wouldn't worry about it

I WILL SAY IT LIKE IT IS, DO NOT TAKE MY COMMENTS PERSONALLY

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IRS has a relationship with Social Security Administration but not USCIS.

They never communicate with each other. IRS is very independent office which

has far more authority & power than the other governmental offices including USCIS !...

HERE IS MY TIMELINE :

I-130 mailed 01/13/09

I-130 received by USCIS 01/16/09

NOA1 Mail for I-130 received 01/22/09

I-485 Package mailed 02/17/09

I-485 Package received by USCIS 02/20/09

NOA1 Mail for I-485 & I-765 received 02/26/09

NOA2 e-mail for I-130 Approval 03/03/09 (47 Days)

NOA2 Hard Copy of I-130 Approval received 03/07/09

Biometrics Done 03/24/09

STILL CAN'T SEE ON-LINE STATUS FOR AOS & EAD !.....

NOTE : I DID NOT APPLY FOR I-131 (AP).

"Patience is the key to the paradise (US Citizenship, in our case)"

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Filed: AOS (apr) Country: Philippines
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I wonder if the IRS and the Immigration have ever talked to each other. I filled as resident after the marriage, I wouldn't worry about it

If they did talk to each other then the USCIS would not need copies of ITR's, as they could simply query based on the sponsor's SSN

YMMV

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We applied jointly even though I never applied for GC yet but they never asked us about my residency or whatsoever. I think they'd only ask for SSN and that's it! So, nothing to worry about cos ur not alone :D

Feb 07 - met my Dream Guy

Jun 08 - arrived in the US

Jul 08 - ♥♥♥ WEDDING DAY ♥♥♥

Jul 09 - Temp GC received

Mar 12 - 10 yr GC received

Aug 13 - Naturalized

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I wonder if the IRS and the Immigration have ever talked to each other. I filled as resident after the marriage, I wouldn't worry about it

If they did talk to each other then the USCIS would not need copies of ITR's, as they could simply query based on the sponsor's SSN

Cool enough!

I'll stop worrying then!

Thank you all!

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