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Murphy'sBoy

FBAR and automatic extension question

By Murphy'sBoy in Tax & Finances During US Immigration

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Murphy'sBoy Apprentice

Murphy'sBoy   5

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Filed: IR-1/CR-1 Visa (DCF) Country: Philippines
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I am a USC living in the Philippines. My wife and I were married in Oct 2014. I intend to file married filing jointly. My wife does not yet have a SSN or TIN. My wife's visa has been approved and we are going to the US around Jun 1.

As I understand it a USC gets an automatic 2 month extension if living out of the country on April 15. Is this correct?

My wife had a bank account in the Philippines during 2014 but I'm unsure if we need to file an FBAR for that since it was an individual account and she was not a USC. Do we need to report that? If we DO need to report that as I understand it has to be reported by June 30 for the previous calendar year. Is that correct?

Thanks!

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Lakehouse Rising Star

Lakehouse   293

Posted
Filed: IR-1/CR-1 Visa Country: Canada
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I am a USC living in the Philippines. My wife and I were married in Oct 2014. I intend to file married filing jointly. My wife does not yet have a SSN or TIN. My wife's visa has been approved and we are going to the US around Jun 1.

As I understand it a USC gets an automatic 2 month extension if living out of the country on April 15. Is this correct?

My wife had a bank account in the Philippines during 2014 but I'm unsure if we need to file an FBAR for that since it was an individual account and she was not a USC. Do we need to report that? If we DO need to report that as I understand it has to be reported by June 30 for the previous calendar year. Is that correct?

Thanks!

If I understand correctly, you are the USC and your wife has not yet landed in the US as an immigrant.

I don't believe she would have to file an FBAR for the 2014 tax year as she wasn't in the US in 2014, i.e. wasn't a resident yet.

However, I do not know whether filing jointly affects the need for it.

And indeed, the filing deadline is June 30 for an FBAR.

"If you are not willing to learn, no one can help you. If you are determined to learn, no one can stop you."

"Life is not what it's supposed to be. It's what it is. The way you cope with it is what makes the difference."

Beneficiary - Applying for CR1/IR1 (but also played the K3 card prior to understanding it may be phased out.)

2013: July 20: I-130 sent (Chicago lockbox)

July 24: I-130 NOA1

July 24: I-129F sent (Dallas Lockbox)

Aug 2: I-129F NOA1

Aug 12: Alien Registration Number was changed, I-129F.

2014: Jan 28/29/30: - 3 transfer notices for I-130 and I-129F.

Feb 3 - Hard copy arrived -Notice of transfer to Texas stating Jan 29th.

Feb 10 - NOA2

Feb 27 - email stating I-130 being sent to NVC from TSC.

March 6 -NVC received our case.

April 7 - CASE NUMBER yay! IIN and BIN obtained and email given.

April 9 - DS261 available and filled in online.

April 9 - AOS not yet payable but visible.

April 10 - email regarding NVC case number and access to DS261 received/ email regarding AOS received and paid.

April 11 - AOS sent by snail mail.

April 14 - AOS arrived per mail tracking.

April 15 - IV bill received via email, IV bill paid/ in process, IV package sent.

April 18 - IV bill showing paid/ DS-260 available and done!

- AOS scanned into their system.

April 21 - IV package arrived per mail tracking.

April 24 - IV scanned into their system.

May 2 - False checklist for IV documents= AOS approval.

May 13 - NVC rep reported ? missing Police certificate via my phone call.

- Supervisor review initiated.

May 14 - Checklist for Police certificate came via email.

- Sent checklisted documentation priority post!

May 15 - Package delivered per mail tracking.

May 19 - Case COMPLETE!! Police certificate found by NVC:)

May 28 - Case complete email arrived.

May 30 - Assigned Interview date!

June 2 - Interview letter arrived via email.

June 11- Medical appointment Surrey, BC

July 8 - Interview in Montreal!! APPROVED!!!!!!!! July 10 - Visa package and passport in hand!! July 23 - POE!!

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Murphy'sBoy Apprentice

Murphy'sBoy   5

Posted
Filed: IR-1/CR-1 Visa (DCF) Country: Philippines
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Posted

If I understand correctly, you are the USC and your wife has not yet landed in the US as an immigrant.

I don't believe she would have to file an FBAR for the 2014 tax year as she wasn't in the US in 2014, i.e. wasn't a resident yet.

However, I do not know whether filing jointly affects the need for it.

And indeed, the filing deadline is June 30 for an FBAR.

Thanks for the reply, and you are correct. I emailed and received a reply from IRS and should have updated here.

We are filing joint so she is subject to IRS requirements even though she's never been to the US.

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