Getting laid off and then emigrating as a perm. resident

[US math guy 0]

This situation is probably fairly unusual, but I think given the nature of this site someone else may have tried this. Hopefully successfully.

My wife from Mexico and I got married early this year in her hometown. After her interview at the Ciudad Juarez consulate in July, she went to pick up her visa, evidently later crossing the border into the U.S. to catch her bus home to Mexico. As far as the U.S. government is concerned, therefore, she emigrated and temporarily returned to Mexico. Hence I have already received her permanent resident card and her Soc. Sec. card at my address in Virginia. Our plan is to file a joint U.S. tax return for 2009.

Her return to Mexico is temporary in the sense that she had not yet given notice to her employer of her plan to (eventually) emigrate. She wants to earn a bit more money since she has a full-time job and to arrange for the setup of a business in her home in Mexico so the taxes, utility bills, etc. will be covered. (Selling the house outright is not good move at this time, evidently.)

However the local Mexican government that employs her is having lots of financial troubles and she thinks that in the next two months she will get laid off anyway. Of course at that point she will have no choice but to emigrate. If not her plan is to emigrate in late December.

Do you think on our joint tax return I could claim her emigration travel expenses as being related to a job change/search?

Edited September 4, 2009 by US math guy

[justashooter 430]

Do you think on our joint tax return I could claim her emigration travel expenses as being related to a job change/search?

you should change your username to "US creative math guy".

the moving expenses are related to her immigration. her immigration is not related to a job already awarded independent of all other factors.