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Filed: Country: Australia
Timeline
Posted

Hello everyone.

I have a question in regards to filing jointly and filing separately pros and cons if eventually moving back to Australia with my US spouse. Any light on the subject appreciated.

I currently have a conditional Green Card. I have been married to a US citizen for around 2 years. We plan to move to Australia in the future.

The question is that if I file my tax jointly with my wife this year, when we move to Australia can we file separately again to avoid having to include my Australian income on her return or am I locked in once a precedent is set filing jointly? (Assuming my Greencard has lapsed and I no longer have residency in California.)

I don't want to file jointly and then find out that I'm locked into international tax for the rest of my life.

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

The US taxes on worldwide income. As long as you are an LPR or US citizen you are required to file a US tax return.

If you give up your LPR status then you are no longer required to file a US tax return.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Filed: Country: China
Timeline
Posted

You are not locked in to filing jointly and you can change year by year whether you file joint or separate. Your wife will have to file married and separate but she won't have to pay taxes on your australian income. If you go back to Australia with the intention to immigrate back there then when you leave the US you would turn in your green card when you leave and your status would lapse then. No waiting for the green card to expire in that case which may be the best option in your case.

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Consulate : Guangzhou, China
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I-130 RFE : 2010-11-05
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NVC reports 'Case Completed': 2011-5-2
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Interview Date: 2011-6-1
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I-751 Sent : 2013-07-02

I-751 Bio Appointment Date 2013-08-02

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Filed: Country: Australia
Timeline
Posted

You are not locked in to filing jointly and you can change year by year whether you file joint or separate. Your wife will have to file married and separate but she won't have to pay taxes on your australian income. If you go back to Australia with the intention to immigrate back there then when you leave the US you would turn in your green card when you leave and your status would lapse then. No waiting for the green card to expire in that case which may be the best option in your case.

Great thanks for that.

Filed: Country: Australia
Timeline
Posted

The US taxes on worldwide income. As long as you are an LPR or US citizen you are required to file a US tax return.

If you give up your LPR status then you are no longer required to file a US tax return.

Thanks! Thankfully there is a treaty between the Australia and US which avoids being taxed twice.

 
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