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Val and Gary

Instructions for filing taxes with spouse outside of the country

By Val and Gary in IR-1 / CR-1 Spouse Visa Process & Procedures

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edsotherhalf Enthusiast

edsotherhalf   1

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Filed: Citizen (pnd) Country: Canada
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To claim a foreing spouse tho, doesn't the spouse have to be in the foreign country with you for a certain amount of time during that year? I am from Canada and my husband is in the USA. Last year I was only physically present in the USA after marriage for 5 weeks. My husband did his taxes already and he said he read that I had to be there at least 6 months out of the year for him to claim me.

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Val and Gary
Val and Gary

I have noticed conflicting advice with regard to filing taxes whilst the spouse of a USA citizen is out of the country. This is the procedure we used. It is recommended that once married, for maximum

dan_ling
dan_ling

You can file "Married Filing Seperately" and this does not require the spouses SSN# or signature but there is a considerable difference in the amount you would get back if any. Then when spouse is in

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pushbrk Grand Master

pushbrk   12,882

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Filed: Other Country: China
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To claim a foreing spouse tho, doesn't the spouse have to be in the foreign country with you for a certain amount of time during that year? I am from Canada and my husband is in the USA. Last year I was only physically present in the USA after marriage for 5 weeks. My husband did his taxes already and he said he read that I had to be there at least 6 months out of the year for him to claim me.

He read wrong and can still file an amended return.

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fermat Community Regular

fermat   32

Posted
Filed: IR-1/CR-1 Visa Country: Germany
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Posted

All that matters is where you married as of December 31st 2010. Physical presence and all those tests only matter if you're not married.

To claim a foreing spouse tho, doesn't the spouse have to be in the foreign country with you for a certain amount of time during that year? I am from Canada and my husband is in the USA. Last year I was only physically present in the USA after marriage for 5 weeks. My husband did his taxes already and he said he read that I had to be there at least 6 months out of the year for him to claim me.

07-20-2010 NOA1

02-11-2011 NOA2

03-09-2011 Sent both packages to NVC

03-28-2011 Case complete

03-31-2011 Expedite Request Sent

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edsotherhalf Enthusiast

edsotherhalf   1

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Filed: Citizen (pnd) Country: Canada
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We married in Canada on June 18. I am still living here and my husband lives in USA

All that matters is where you married as of December 31st 2010. Physical presence and all those tests only matter if you're not married.

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Val and Gary Proficient

Val and Gary   29

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Filed: Lift. Cond. (pnd) Country: England
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We married in Canada on June 18. I am still living here and my husband lives in USA

It doesn't matter where you are in the world, if you were married as of December 31st, you have to claim either "married filing jointly", or married filing separately".

Married filing jointly usually has the best tax benefits.

04/2010 - Marriage in Weirsdale, Florida

USCIS

07-07-2010 Filed I-130 - K3

07-12-2010 Priority date

07-23-2010 NOA1 (California Service Centre)

11-03-2010 Transfer to Texas Service Centre

01-24-2011 NOA2 NVC

02-26-2011 Case #

02-28-2011 Docs delivered to NVC

03-06-2011 NVC received docs

03-06-2011 NVC SIF & Expedite approved

04-06-2011 Medical exam - Failed (bad cold - shadow on lung)

06-13-2011 2nd Medical exam - Passed

06-22-2011 Interview at London Embassy - denied due to previous overstay (3 year bar)

07-06-2011 I 601 Waiver accepted at London

07-19-2011 MP & Senator wrote to US Embassy to request expedite

08-13-2011 I 601 approved!

08-22-2011 Visa delivered

09-07-2011 POE Orlando - took 20 minutes to be admitted

I-751

08-15-2013 I-751 Received by Vermont service center

08-21-2013 I-751 Application check cashed

08-22-2013 I-751 NOA1 received dated 08-16-2013

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edsotherhalf Enthusiast

edsotherhalf   1

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Filed: Citizen (pnd) Country: Canada
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Thank you so much. I will pass this on to the hubby.

It doesn't matter where you are in the world, if you were married as of December 31st, you have to claim either "married filing jointly", or married filing separately".

Married filing jointly usually has the best tax benefits.

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ceciliaottawa Contributor

ceciliaottawa   0

Posted
Filed: IR-1/CR-1 Visa Country: Argentina
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Posted

Hello Gary,

Great info. I have one question: am the benfitiary and my case is still pending NOA2. However, I lived in the US for 5 years (study and work all legal) so I do have an SSN. What should my husband in the US do in terms of filing? Should he file as married? If he doesn't could that hurt my case?

Thanks so much!

Cecilia

USCIS (200 days)

2010-07-21: I-130 Sent

2010-07-29: NOA1

2011-02-14: NOA2

NVC (65 days)

2011-03-01: Received NVC case#, IIN# and Beneficiary ID#

2011-03-02: Gave NVC Operator e-mail addresses. Sent OPTIN email.

2011-03-03: Sent DS-261 (online)

2011-03-04: Received and paid AOS fee. Received DS3032 by email.

2011-03-07: AOS fee appears PAID

2011-03-08: NVC Received DS-261 according to AVR.

2011-03-08: Received IV fee bill by email but Online Payment portal not working! L(

2011-03-10: Sent AOS package by email.

2011-03-14: Finally NVC portal working... Paid IV fee.

2011-03-14: OPTIN email accepted! (12 days after sent)

2011-03-15: IV fee appears as PAID. Submitted DS-260 online form & documents by email.

2011-04-01: Review completed but showing missing docs that were there. Sent to supervisor for a second review.

2011-04-14: Second review completed but still rejecting Argentine PCC. Off to getting a new one :(

2011-04-27: New Argentine PCC sent (checklist response)

2011-05-04: SIF & CC!!!!!!!

2011-05-13: Interview date assigned

Medical / US Consulate / POE

2011-05-25: Medical in Montreal

2011-06-21: Interview

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xelance Proficient

xelance   31

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Filed: IR-1/CR-1 Visa Country: Colombia
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does anyone know if I need to make copies of every page of my wifes passport OR just the biographic page with her picture, date of birth etc??

7/2/10- NOA1

2/9/11- NOA2 (transferred to Texas)

NVC

2/28/11- case number received

3/2/11- Paid AOS bill

3/5/11- Paid IV bill

3/12/11- expedite to Bogota consulate approved!!!

3/14/11- left NVC to Bogota for further processing

3/17/11- received by Bogota, emailed consulate and was told to send DS-230 and DS-2100 (packet 3)

3/18/11- packet 3 emailed to Bogota consulate, email confirmation on March 23

3/31/11- Interview date! Approved!!!!!!

Keep the faith, everything works out for the very best

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Val and Gary Proficient

Val and Gary   29

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Filed: Lift. Cond. (pnd) Country: England
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does anyone know if I need to make copies of every page of my wifes passport OR just the biographic page with her picture, date of birth etc??

It's just the biometric page you need notarizing complete with apostile.

04/2010 - Marriage in Weirsdale, Florida

USCIS

07-07-2010 Filed I-130 - K3

07-12-2010 Priority date

07-23-2010 NOA1 (California Service Centre)

11-03-2010 Transfer to Texas Service Centre

01-24-2011 NOA2 NVC

02-26-2011 Case #

02-28-2011 Docs delivered to NVC

03-06-2011 NVC received docs

03-06-2011 NVC SIF & Expedite approved

04-06-2011 Medical exam - Failed (bad cold - shadow on lung)

06-13-2011 2nd Medical exam - Passed

06-22-2011 Interview at London Embassy - denied due to previous overstay (3 year bar)

07-06-2011 I 601 Waiver accepted at London

07-19-2011 MP & Senator wrote to US Embassy to request expedite

08-13-2011 I 601 approved!

08-22-2011 Visa delivered

09-07-2011 POE Orlando - took 20 minutes to be admitted

I-751

08-15-2013 I-751 Received by Vermont service center

08-21-2013 I-751 Application check cashed

08-22-2013 I-751 NOA1 received dated 08-16-2013

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Nataliya-Ron Community Regular

Nataliya-Ron   7

Posted
Filed: IR-1/CR-1 Visa Country: Ukraine
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Posted (edited)

does anyone know if I need to make copies of every page of my wifes passport OR just the biographic page with her picture, date of birth etc??

Front picture with date like pp number, dates, any other info the USCIS would or could use to show

about her. A stamp for example your married in her country, Or entrance in and out date stamps of the USA or other countrys enterning or exiting from. Past Visa's or guest or work Visa's into USA Blank pages are not necessary.

Good Luck

Edited by 1lovingyou2
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Val and Gary Proficient

Val and Gary   29

Posted
Filed: Lift. Cond. (pnd) Country: England
 Timeline
  • Author
Posted

Hello Gary,

Great info. I have one question: am the benfitiary and my case is still pending NOA2. However, I lived in the US for 5 years (study and work all legal) so I do have an SSN. What should my husband in the US do in terms of filing? Should he file as married? If he doesn't could that hurt my case?

Thanks so much!

Cecilia

Well, he HAS to file married if you were married as of December 31st 2010. He can file married filing jointly, or married filing separately. As you already have an SSN, it's much easier than those of us without. I think you may find married filing jointly holds the best tax benefit. good.gif

Being dishonest, and filing as single on a tax return could get him into deep trouble, and, if it is subject to audit, could potentially lead to prosecution.

QUOTE:

The IRS requires you to use your marital status on the last day of the tax year for determining your filing status. Since you are married, you have two options, Married Filing Jointly or Married Filing Seperately. Your W-4 does not affect your filing status, just the amount of withholding on your income. Typically, you will be better off if you file as MFJ.

You may not file as single. You have two options: (1) You can file as Married Filing Jointly (which is the best option) or (2) you can file as Married Filing Separately, which carries the highest rates and penalizes you.

Your choices are Married Filing Joint and Married Filing Separate. Although you get taxed potentially more as a married couple, you really get hurt (generally) if you go the separate route.

04/2010 - Marriage in Weirsdale, Florida

USCIS

07-07-2010 Filed I-130 - K3

07-12-2010 Priority date

07-23-2010 NOA1 (California Service Centre)

11-03-2010 Transfer to Texas Service Centre

01-24-2011 NOA2 NVC

02-26-2011 Case #

02-28-2011 Docs delivered to NVC

03-06-2011 NVC received docs

03-06-2011 NVC SIF & Expedite approved

04-06-2011 Medical exam - Failed (bad cold - shadow on lung)

06-13-2011 2nd Medical exam - Passed

06-22-2011 Interview at London Embassy - denied due to previous overstay (3 year bar)

07-06-2011 I 601 Waiver accepted at London

07-19-2011 MP & Senator wrote to US Embassy to request expedite

08-13-2011 I 601 approved!

08-22-2011 Visa delivered

09-07-2011 POE Orlando - took 20 minutes to be admitted

I-751

08-15-2013 I-751 Received by Vermont service center

08-21-2013 I-751 Application check cashed

08-22-2013 I-751 NOA1 received dated 08-16-2013

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DanTes Collaborator

DanTes   21

Posted
Filed: Citizen (apr) Country: Philippines
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Posted

I know there a lot of tax experts on this forum, so.........here's my question. My wife and I have been filing joint returns for 10 years now. She has an ITIN. I tried to efile with turbo tax, and for her residence I put foreign. At the end, Turbo Tax keeps asking me to put a state for her residence. What's up with this? Can I efile, or do I have to do it the old-fashioned way?

NATURALIZATION

02/25/2014 - Eligibility date.

03/03/2014 - N-400 package mailed.

03/11/2014 - Check cashed.

03/14/2014 - NOA received.

04/09/2014 - Biometrics.

04/28/2014 - In-Line for Interview - 6 hours later Interview Scheduled!!

05/02/2014 - Interview Letter received. (Mailed on 29 April)

05/26/2014 - 3 year anniversary.

06/02/2014 - Interview. PASSED!

09/11/2014 - Oath Ceremony.

09/16/2014 - Updated driver licence and registered to vote.

10/08/2014 - Updated Social Security

10/14/2014 - Applied for U.S. Passport

10/27/2014 - U.S. Passport arrived in mail (13 days - DID NOT expedite)

10/30/2014 - Naturalization Certificate arrived in mail (was not folded)

MY IMMIGRATION JOURNEY IS OFFICIALLY FINISHED!!

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DanTes Collaborator

DanTes   21

Posted
Filed: Citizen (apr) Country: Philippines
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Posted

Can I efile, or do I have to do it the old-fashioned way?

Did some more research. Looks like we will have to continue mailing our taxes in.

NATURALIZATION

02/25/2014 - Eligibility date.

03/03/2014 - N-400 package mailed.

03/11/2014 - Check cashed.

03/14/2014 - NOA received.

04/09/2014 - Biometrics.

04/28/2014 - In-Line for Interview - 6 hours later Interview Scheduled!!

05/02/2014 - Interview Letter received. (Mailed on 29 April)

05/26/2014 - 3 year anniversary.

06/02/2014 - Interview. PASSED!

09/11/2014 - Oath Ceremony.

09/16/2014 - Updated driver licence and registered to vote.

10/08/2014 - Updated Social Security

10/14/2014 - Applied for U.S. Passport

10/27/2014 - U.S. Passport arrived in mail (13 days - DID NOT expedite)

10/30/2014 - Naturalization Certificate arrived in mail (was not folded)

MY IMMIGRATION JOURNEY IS OFFICIALLY FINISHED!!

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Val and Gary Proficient

Val and Gary   29

Posted
Filed: Lift. Cond. (pnd) Country: England
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  • Author
Posted

Did some more research. Looks like we will have to continue mailing our taxes in.

Yes, no efile for ITIN none SSN aliens....

Turbo Tax works great on the PC program though, just print the return out, and mail.

04/2010 - Marriage in Weirsdale, Florida

USCIS

07-07-2010 Filed I-130 - K3

07-12-2010 Priority date

07-23-2010 NOA1 (California Service Centre)

11-03-2010 Transfer to Texas Service Centre

01-24-2011 NOA2 NVC

02-26-2011 Case #

02-28-2011 Docs delivered to NVC

03-06-2011 NVC received docs

03-06-2011 NVC SIF & Expedite approved

04-06-2011 Medical exam - Failed (bad cold - shadow on lung)

06-13-2011 2nd Medical exam - Passed

06-22-2011 Interview at London Embassy - denied due to previous overstay (3 year bar)

07-06-2011 I 601 Waiver accepted at London

07-19-2011 MP & Senator wrote to US Embassy to request expedite

08-13-2011 I 601 approved!

08-22-2011 Visa delivered

09-07-2011 POE Orlando - took 20 minutes to be admitted

I-751

08-15-2013 I-751 Received by Vermont service center

08-21-2013 I-751 Application check cashed

08-22-2013 I-751 NOA1 received dated 08-16-2013

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