US taxes while in I130/IR1/CR1 proceedings

[Nich-Nick 3,354]

I am using an expensive CPA who specializes in international taxes. I'm not sure if he knows any more than I do though, since I've done a lot of research and I filled out my tax forms and the W-7 for my wife's tax ID with the proper backup information. I've got an unusual problem though. My wife in China worked for a small family company until a couple months after we got married last June. They let her go once they found out about our marriage because they knew she was planning on quitting to come to the US once her visa was approved. She became upset and there was an argument when they let her go, so she is no longer on good terms with the past employer. My question is how do I handle her employment on my joint tax return? She doesn't have any record of how much they paid her, as it varied and they don't provide any W-2 forms or anything. Also, how does the IRS verify her employment or how much money she makes? Would they call her past employer? I've been planning on filing the joint tax return with only my income and saying she had no employment, but that contradicts what we put on the I-130 petition. We put her employment dates with the company on the I-130. China is still backwards with things like this. Does anyone have any advice? I don't want the interviewer to question why my 2012 tax return doesn't show her employer but the visa forms show the employer.

Her employment is self-reported. No W-2 like statements from a foreign employer are sent to the IRS. Most people can figure out how much income they made by pay slips or looking at bank statements. When i had to report my husband's foreign income, it was a big fat guesstimate, as close as we could possibly get. The IRS isn't going to call her employer. The USCIS interviewer probably has no clue how to interpret a tax return with foreign income exclusion. He will be interested in the line showing adjusted goss income. He won't be calling the IRS, nor will the IRS be calling immigration.

Advice? Do what the law says:

• Report world wide income if filing jointly, OR
  
• Report only your income and file Married Filing Separately
  

[sweety-sweet 1]

I tried to delete this post but I dont know why I cant do that. I was asking for help but I found the answer in page 3 in this topic. Thank you so much and sorry for any inconveniences.

Edited March 23, 2013 by sweety-sweet

[nolanbb 1]

Her employment is self-reported. No W-2 like statements from a foreign employer are sent to the IRS. Most people can figure out how much income they made by pay slips or looking at bank statements. When i had to report my husband's foreign income, it was a big fat guesstimate, as close as we could possibly get. The IRS isn't going to call her employer. The USCIS interviewer probably has no clue how to interpret a tax return with foreign income exclusion. He will be interested in the line showing adjusted goss income. He won't be calling the IRS, nor will the IRS be calling immigration.

Advice? Do what the law says:

• Report world wide income if filing jointly, OR
  
• Report only your income and file Married Filing Separately
  

Thank you. I told my accountant to include my wife's income on our joint tax return. She couldn't give me exact numbers though, so she had to estimate. I hope the IRS doesn't pursue anything further because I don't think she can provide more information.

[speedwell 224]

Folks, I've been getting a lot of questions about this here and other forums so I decided to bump it. Good luck

[GaganGoel 7]

Folks, I've been getting a lot of questions about this here and other forums so I decided to bump it. Good luck

Ah... meaning I won't get reply to my private message that I sent you for the CPA letter?

I'm going to my CPA tomorrow - I hope he knows what to do...

[speedwell 224]

Let's see if this works... here is the language for the NRA election form I mentioned in the thread. If you are a resident alien, use your name and tax ID number where it says USC name and SSN. Be sure you both provide original signatures.

[uSC NAME] AND [NRA NAME]

SSN: [uSC SSN]

2012 Form 1040

Election of non-resident alien

1. I, [NRA Name], was a non-resident alien on the last day of 2012 and I elect to be treated as a U.S. resident for the entire tax year and to file a joint return with my [wife/husband], [uSC Name].

2. My address is [Full foreign address of NRA], and my U.S. identification number is pending.

3. [uSC Name]’s address is [Full US address of USC] and [her/his] identification number is [sSN].

_________________

[NRA Name]

_________________

[uSC Name]

Edited March 27, 2013 by speedwell

[speedwell 224]

Ah... meaning I won't get reply to my private message that I sent you for the CPA letter?

I'm going to my CPA tomorrow - I hope he knows what to do...

That was my very next post

[GaganGoel 7]

That was my very next post

Thanks you so much speedwell!!!

Also, fellas, what are we doing with "date of entry to the US" field in W-7 form if the spouse has never entered the US so far? just leave it blank or type in "never" or something like that.....

[speedwell 224]

Thanks you so much speedwell!!!

Also, fellas, what are we doing with "date of entry to the US" field in W-7 form if the spouse has never entered the US so far? just leave it blank or type in "never" or something like that.....

Don't leave it blank. Enter N/A into the box.

[speedwell 224]

Bumping again because I'm getting so many questions that have been answered in the thread.

[dm0371 1]

I am here in the Philippines, working and my husband filed his tax as Married/jointly filing. i sent him my 2012 tax witheld and IRS accepted it.. he got his returns last week.

[speedwell 224]

I am here in the Philippines, working and my husband filed his tax as Married/jointly filing. i sent him my 2012 tax witheld and IRS accepted it.. he got his returns last week.

Excellent! I hope we hear more success stories as the tax season wears on (especially from me)!!

[AP & VP 2]

Here's what i did. Please correct me if i'm wrong...

Married Filing jointly

Ln 7 : My income + spouse foreign income

Ln 21: Exclude spouse foreign income

Check for standard deduction (mine + spouse)

Anyone filed Form 1116? Should this be filed in conjunction with Form 2555 or is it either/or kind of situation?

Thanks..

[speedwell 224]

Here's what i did. Please correct me if i'm wrong...

Married Filing jointly

Ln 7 : My income + spouse foreign income

Ln 21: Exclude spouse foreign income

Check for standard deduction (mine + spouse)

Anyone filed Form 1116? Should this be filed in conjunction with Form 2555 or is it either/or kind of situation?

Thanks..

When you claim foreign income exclusion, you have to file the Foreign Income Exclusion form too. Go ahead and complete one.

[NikLR 13,227]

So according to the IRS we need an ITIN to file his taxes, even separately. I know everyone on here says he doesn't, but he's annoyed and doesn't want to pay for turbo tax when he can normally get it for free because he has a military W2. So he's going on monday to get an extension, of which I'll bring proof to the interview and we'll do the taxes once I get there an get an SSN.

So frustrating.