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80k

Treating Nonresident Alien as a Resident

By 80k in Moving to the US and Your New Life In America

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80k Apprentice

80k   0

Posted
Filed: IR-1/CR-1 Visa (DCF) Country: China
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Posted

I understand that there is an option to elect to treat a nonresident alien as a resident for tax filing purposes. They just need a written statement signed that says both parties agree to be treated as residents.

I was wondering if anyone in this situation has been able to e-file, perhaps by sending in the letter and e-filing the rest. I'm just curious because I could file my federal and California taxes online if it wasn't for this one letter.

Just wanted to hear from other people's experiences. Thanks!

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lucyrich Proficient

lucyrich   20

Posted
Filed: IR-1/CR-1 Visa Country: Venezuela
 Timeline
Posted

When we did this, we found no alternative but to file on paper. We didn't look REALLY hard, so I won't say there's absolutely definitely no way to e-file, just that we didn't find one. It wasn't so hard to file the old 20th century way.

04 Apr, 2004: Got married

05 Apr, 2004: I-130 Sent to CSC

13 Apr, 2004: I-130 NOA 1

19 Apr, 2004: I-129F Sent to MSC

29 Apr, 2004: I-129F NOA 1

13 Aug, 2004: I-130 Approved by CSC

28 Dec, 2004: I-130 Case Complete at NVC

18 Jan, 2005: Got the visa approved in Caracas

22 Jan, 2005: Flew home together! CCS->MIA->SFO

25 May, 2005: I-129F finally approved! We won't pursue it.

8 June, 2006: Our baby girl is born!

24 Oct, 2006: Window for filing I-751 opens

25 Oct, 2006: I-751 mailed to CSC

18 Nov, 2006: I-751 NOA1 received from CSC

30 Nov, 2006: I-751 Biometrics taken

05 Apr, 2007: I-751 approved, card production ordered

23 Jan, 2008: N-400 sent to CSC via certified mail

19 Feb, 2008: N-400 Biometrics taken

27 Mar, 2008: Naturalization interview notice received (NOA2 for N-400)

30 May, 2008: Naturalization interview, passed the test!

17 June, 2008: Naturalization oath notice mailed

15 July, 2008: Naturalization oath ceremony!

16 July, 2008: Registered to vote and applied for US passport

26 July, 2008: US Passport arrived.

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john_and_marlene Mentor

john_and_marlene   162

Posted
Filed: Citizen (apr) Country: Philippines
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Posted (edited)
I understand that there is an option to elect to treat a nonresident alien as a resident for tax filing purposes. They just need a written statement signed that says both parties agree to be treated as residents.

I was wondering if anyone in this situation has been able to e-file, perhaps by sending in the letter and e-filing the rest. I'm just curious because I could file my federal and California taxes online if it wasn't for this one letter.

Just wanted to hear from other people's experiences. Thanks!

Here is what I did:

I e-filed and when I got the control number back to mail in the sheet with our signatures, I attached the statement to the mail-in form. I have to attach a copy of my divorce decree every year anyway since it states that I am allowed to claim my son as a deduction even though he lives with his mother. I assume that this statement is the same as any other supporting document that needs to be submitted.

bottom line: I got my refund the following week. If they later decide they wanted it done differently, I'll follow up with an amended return. I doubt there will be a problem though since it doesn't change anything sent in on the e-file.

I don't expect to be arrested or fined :P

Edited by john_and_marlene

05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

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