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Filed: Citizen (apr) Country: Brazil
Timeline
Posted

I don't remember your state. The thing I looked up was for California on their state website. which said use the same status as federal. So in CA, if federal was resident, then state would be too.

We're filing state returns for PA and UT. So I was just wondering if I should include a copy of the "Statement for Nonresident Spouse to be Treated as a Resident" on those returns too when I mail them. Or am I mixing things up and that return is only necessary to attach to the federal returns?

K1
17-may-2011: I-129F sent to Texas lockbox (regular mail, not certified)
23-may-2011: Texas office received package
26-may-2011: NOA1 by email/txt
27-may-2011: Touched
01-jun-2011: NOA1 arrived by mail (dated may 25th)
08-sep-2011: NOA2!!!
23-nov-2011: Interview - Approved!! =)

AOS
11-jun-2012: AOS sent to Chicago lockbox (priority mail)
13-jun-2012: Chicago office received package
18-jun-2012: NOA1 by email/txt
22-jun-2012: NOA1 arrived by mail (dated june 18th)
06-jul-2012: Biometrics letter arrived by mail (scheduled july 16th)
06-jul-2012: Email saying my case got transferred
16-jul-2012: Biometrics appointment
15-aug-2012: Email/txt EAD approved!
08-feb-2013: Email/txt Greencard approved!!
14-feb-2013: Greencard arrived in the mail

Posted

Thanks for all your help.

So are you getting your CPA license soon? ;)

My daughter is actually a CPA, but her field is audit so she doesn't work with taxes in her job. I kinda figured I paid for a Master's and CPA education once so that'll do for me. I finally e-filed today and the IRS has accepted my return already. Yay! We owe :crying: I e-paid...first time to do a bank debit thing. Hope it works.

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

Posted (edited)

We're filing state returns for PA and UT. So I was just wondering if I should include a copy of the "Statement for Nonresident Spouse to be Treated as a Resident" on those returns too when I mail them. Or am I mixing things up and that return is only necessary to attach to the federal returns?

That statement comes from federal tax law so I would say no to sending with state returns. They are completely separate sets of rules. Read your state tax guide or instructions to see if they ask for a statement.

PA- http://www.portal.state.pa.us/portal/server.pt/document/628135/pitguide_chapter_04_pdf

I didn't see anything in here about a statement.

UT - http://tax.utah.gov/forms/current/tc-40inst.pdf

On page 6 it says

1. Filing Status

Enter the code that matches the filing status from your federal return:

1040 and 1040A, lines 1 through 5

1040EZ, no federal filing status listed. Select filing status code 1 or 2, whichever applies.

Edited by Nich-Nick

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

Filed: Citizen (apr) Country: Brazil
Timeline
Posted

Thank you vey much!

That statement comes from federal tax law so I would say no to sending with state returns. They are completely separate sets of rules. Read your state tax guide or instructions to see if they ask for a statement.

PA- http://www.portal.state.pa.us/portal/server.pt/document/628135/pitguide_chapter_04_pdf

I didn't see anything in here about a statement.

UT - http://tax.utah.gov/forms/current/tc-40inst.pdf

On page 6 it says

1. Filing Status

Enter the code that matches the filing status from your federal return:

1040 and 1040A, lines 1 through 5

1040EZ, no federal filing status listed. Select filing status code 1 or 2, whichever applies.

K1
17-may-2011: I-129F sent to Texas lockbox (regular mail, not certified)
23-may-2011: Texas office received package
26-may-2011: NOA1 by email/txt
27-may-2011: Touched
01-jun-2011: NOA1 arrived by mail (dated may 25th)
08-sep-2011: NOA2!!!
23-nov-2011: Interview - Approved!! =)

AOS
11-jun-2012: AOS sent to Chicago lockbox (priority mail)
13-jun-2012: Chicago office received package
18-jun-2012: NOA1 by email/txt
22-jun-2012: NOA1 arrived by mail (dated june 18th)
06-jul-2012: Biometrics letter arrived by mail (scheduled july 16th)
06-jul-2012: Email saying my case got transferred
16-jul-2012: Biometrics appointment
15-aug-2012: Email/txt EAD approved!
08-feb-2013: Email/txt Greencard approved!!
14-feb-2013: Greencard arrived in the mail

  • 3 weeks later...
Posted

For those of you from the UK, much of Europe, or indeed anywhere else with tax rates higher than the US, or if income is over $95,100, you may be better off filling 1116 instead of 2555 to claim credit for foreign tax paid, dollar for dollar. Also, to claim child tax credits, or to contribute to a Roth IRA you need Earned Income, which will be reduced if you file the 2555.

Be aware that this doesn't work for State Tax (usually), so always check the effect on State taxation as well as on Federal Taxation!

Filed: Citizen (apr) Country: Russia
Timeline
Posted

For those of you from the UK, much of Europe, or indeed anywhere else with tax rates higher than the US, or if income is over $95,100, you may be better off filling 1116 instead of 2555 to claim credit for foreign tax paid, dollar for dollar. Also, to claim child tax credits, or to contribute to a Roth IRA you need Earned Income, which will be reduced if you file the 2555.

Be aware that this doesn't work for State Tax (usually), so always check the effect on State taxation as well as on Federal Taxation!

If you earned income in a country with a higher tax rate than the U.S. do not expect to reduce your U.S. Income Tax liability by 100 % of the foreign income taxes that you paid to that other country. The amount of the credit is calculated by multiplying your total U.S. tax liability (taxes before reduction by any other credits) by a fraction. The numerator of the fraction is your taxable income from sources outside the United States. The denominator is your total taxable income from U.S. and foreign sources. This calculation in effect only lets you reduce your U.S. taxes by the U.S. taxes that you would have paid on that foreign income.

Posted

If you earned income in a country with a higher tax rate than the U.S. do not expect to reduce your U.S. Income Tax liability by 100 % of the foreign income taxes that you paid to that other country. The amount of the credit is calculated by multiplying your total U.S. tax liability (taxes before reduction by any other credits) by a fraction. The numerator of the fraction is your taxable income from sources outside the United States. The denominator is your total taxable income from U.S. and foreign sources. This calculation in effect only lets you reduce your U.S. taxes by the U.S. taxes that you would have paid on that foreign income.

Hi, you're 100% correct. I wasn't implying that the FTC could exempt tax on US earnings, just that of foreign earnings, which was the subject under discussion, and was suggested as an alternative to the Foreign Earned Income Exclusion.

A further benefit of the FTC is (1) it can be used on passive income too *e.g. interest, dividends, rental income. The FEI exclusion can only be used for earned income. Secondly, any unused FTC can be carried forward for up to 10 years, so if you may be continuing to receive foreign income, you'll be able to offset future tax (on that foreign income).

  • 8 months later...
Posted

Just wanted to say thanks to Nich-Nick for this guide. We used it yesterday and managed to fill it in easily on the 2013 taxes with Turbo Tax Basic (we tried Free tax first, but they don't have the option for the foreign income). You just saved us from having to pay for a tax accountant to fill it out for us.

Many thanks

Daisy

  • 2 months later...
Filed: K-1 Visa Country: Philippines
Timeline
Posted

I also want to say thanks. This post made my filing via TT so easy. I also purchased CA state through TT and it completed everything using the Fed info.

We have no evidence of my wife's pay from the Philippines as she was paid in cash. We have asked her employers to send some kind of email without any response. Since we are out of time I just wrote a statement explaining work history and pay then had her sign it. The amount is very insignificant so we have no worries.

Thanks again to the OP and others who provided info here.

Filed: Citizen (apr) Country: Canada
Timeline
Posted

~~Moved to Tax & Finances During US Immigration,from Moving Here and Your New Life In America - As we have a new tax forum this thread will be better fitted here~~

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

 
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