I am confused with this filing tax

[islandgirl80 28]

Ok here is my situation, My POE was Dec.30, 2014. Now, I am not sure if I should let my husband filed joint or separate. If we file joint then I have to declare my worldwide income? If I declare my worldwide income are they going to let me pay taxes? If my husband file separate then I will be get in trouble? I am so stress with this, PLEASE HELP..

[lagcol 0]

If you're not a US citizen then you can't file a joint return.

Edit: Is your spouse a US citizen?

Edited February 3, 2015 by lagcol

[NikLR 13,227]

~~moved to taxes and finances during immigration from IR1/CR1 process and procedures as questions are about taxes and not about the IR1 process~~

[islandgirl80 28]

If you're not a US citizen then you can't file a joint return.

Edit: Is your spouse a US citizen?

Yes my husband is a U.S citizen

[sweetswinks 400]

Yes my husband is a U.S citizen

Were you in the USA any other time before POE? in 2014, or 2013? If so how many days?

[islandgirl80 28]

Were you in the USA any other time before POE? in 2014, or 2013? If so how many days?

I was in my tourist visa when I visit...last July..why? I only visit...

[sweetswinks 400]

I was in my tourist visa when I visit...last July..why? I only visit...

It doesn't matter if it was just a visit. If you were present in the United States for more than 183 days (added up, it can be multiple visits in the same year) you must declare foreign income.

[islandgirl80 28]

It doesn't matter if it was just a visit. If you were present in the United States for more than 183 days (added up, it can be multiple visits in the same year) you must declare foreign income.

I am only present 55 days..

[lagcol 0]

The 183 days counts all the days in the current year, 1/3 of the days in the year before that and 1/6 of the days the year before that.

http://www.irs.gov/Individuals/International-Taxpayers/Substantial-Presence-Test

[islandgirl80 28]

The 183 days counts all the days in the current year, 1/3 of the days in the year before that and 1/6 of the days the year before that.

http://www.irs.gov/Individuals/International-Taxpayers/Substantial-Presence-Test

http://www.irs.gov/Individuals/International-Taxpayers/Alien-Residency---Green-Card-Test

[lagcol 0]

http://www.irs.gov/Individuals/International-Taxpayers/Alien-Residency---Green-Card-Test

What are you showing me?... are you a permenant resident?

[Nich-Nick 3,354]

If you're not a US citizen then you can't file a joint return.

Nope. A non-resident alien (no greencard) can CHOOSE to be treated like a resident alien if they are married to a USC. They can even still be in their foreign country, but it's complicated to get them an ITIN number for filing.

It doesn't matter if it was just a visit. If you were present in the United States for more than 183 days (added up, it can be multiple visits in the same year) you must declare foreign income.

Nope. A non-resident alien does not have to file anything if they earned no money in the US. If they CHOOSE to file jointly with their USC spouse, then all the income earned by both spouses anywhere in the world must be reported. That does not mean the foreign income is taxed. There is a foreign Income exclusion form 2555EZ.

The choice is made simply by writing a statement and both signing it.

Edited February 3, 2015 by Nich-Nick

[islandgirl80 28]

Nope. A non-resident alien (no greencard) can CHOOSE to be treated like a resident alien if they are married to a USC. They can even still be in their foreign country, but it's complicated to get them an ITIN number for filing.

Nope. A non-resident alien does not have to file anything if they earned no money in the US. If they CHOOSE to file jointly with their USC spouse, then all the income earned by both spouses anywhere in the world must be reported. That does not mean the foreign income is taxed. There is a foreign Income exclusion form 2555EZ.

The choice is made simply by writing a statement and both signing it.

Thank You Nich-Nick. I will look at that form. I will PM you if I have question/s.

[islandgirl80 28]

What are you showing me?... are you a permenant resident

Yes I am...I just arrived on December 31st..

[JDTXandShazTT 0]

I just arrived on December 4 (K1) and we got married on December 12th. We are planning to file jointly in which case we will be taxed on joint worldwide income. In addition to the 2555EZ form, I am also seeing we need to declare (through FACTA filing) all my financial assets outside the US, including bank accounts (including their amounts), pension plans and life insurance plans with cash values, interest and dividends earned in 2014. My husband has gone from simple e-filing to me coming in and having to do a ton more forms... this is very complicated and terrifying to be honest.

Filing jointly has benefit as your husband may receive a larger return. It will be worth the trouble if:

1) Your worldwide income (and gains) was less than $99,200 last year

I have been reading about FACTA all day today; we are off to the IRS to get advice tomorrow as the fines for making mistakes are heavy when it comes to declaring anything abroad!!