Married and filing jointly. Residing and working abroad.

[HeartOfAllThings 2]

My wife will be filing her taxes for 2014. I was told to check "married and filing jointly", since, well, we are married.

Do I, a foreign national, put in that I was unemployed, since that is the case stricktly talking about working in the US? Or do I put in whatever my occupation was for that year here in Canada? I do not have legal resident status in the US.

Thanks a lot!

PS: She's filing late because she was unemployed so doesn't owe anything. We're thinking of sending it in now so we can have a copy for the NVC.

[NikLR 13,227]

If she did not make enough to file she shouldn't file. Also if she were to file it should be filed as married filing separately as you were not living or working in the USA. Filing as MFJ is a lot more work than MFS.

Edited November 9, 2015 by NLR

[HeartOfAllThings 2]

So it's alright not to send a tax return for her? Or I'm guessing* we should send copies of her tax forms for prior years where she did file?

Thanks again.

*not the best thing to do when it comes to dealing with the immigration process, which is why I'm asking

[NikLR 13,227]

If she did not make enough to file in 2014 then you include a letter with the I-864 stating why she did not file (aka was unemployed.) Yes this is perfectly acceptable if you have a joint sponsor or if your wife will have fixed the poverty guidelines issue with her current income.

But that's an NVC issue. As for just a tax issue, if she worked in 2015, when she files those taxes, she can file married filing separately. It's easier when you haven't worked in the USA yet.

[HeartOfAllThings 2]

Good stuff, thank you! And I did indeed ask only for how it relates to NVC, and that answers my question. Once I'm in the US, and she also starts working again, we'll probably get tax help from a professional.

[aaron2020 11,651]

Hi,

If your wife had no income for 2014, then she is not required to file a US tax return.

For the I-864, your wife can send in a statement that she was not eequir d to file a US tax return because she had no income.

You are a non-citizen non-resident so you are not required to file a US tax return.

Your wife can file a US tax return if she wants to. She has two choices: married filing separately (MFS) or married filing jointly (MFJ).

MFS - she reports only her income.

MFJ - you and her file together. You elect to be treated as a US taxpayer.

Guess what - the US taxes US taxpayers on their worldwide income even if nothing is earned in the US. This is significantly different from most countries that only taxes where the income is earned. Your Canadian income would be subject to US taxes if you volunteer to be treated as a US taxpayer. You are extremely mistaken to think that a US tax return is "strictly about working in the US." It's worldwide income.

Edited November 10, 2015 by aaron2020

[NikLR 13,227]

Only if he made over the threshold not to file a tax exemption for foreign income.

[aaron2020 11,651]

Only if he made over the threshold not to file a tax exemption for foreign income.

If he volunteer to file a joint return with his wife, then he has to report his worldwide income in order to claim the exemption.

Making below the foreign income exemption does not excuse a US taxpayer from filing a US tax return. The taxpayer must file a US return to claim the exemption. One can not claim an exemption without filing a tax return.

If he volunteer to be treated as a US taxpayer, then he must file a US tax return.

Filing a US tax return does not mean he would owe any taxes.

Edited November 10, 2015 by aaron2020

[NikLR 13,227]

I know. You said if he chooses to file MFJ, he would be subject to US taxes. If he makes under the foreign exemption he would then claim that and not be subject to paying US taxes. I said nothing about a US taxpayer not having to file a US tax return.

It's just more paperwork than needed for someone who is not working in the USA, or a USC or LPR. So thus I suggested his wife only filing MFS until he moves to the USA and becomes an LPR.

Obviously someone has to file a return to claim an exemption. Rofl.

[aaron2020 11,651]

I know. You said if he chooses to file MFJ, he would be subject to US taxes. If he makes under the foreign exemption he would then claim that and not be subject to paying US taxes. I said nothing about a US taxpayer not having to file a US tax return.

It's just more paperwork than needed for someone who is not working in the USA, or a USC or LPR. So thus I suggested his wife only filing MFS until he moves to the USA and becomes an LPR.

Being subject to US taxes means being subject to US tax laws. It doesn't mean be subject to paying US taxes. Common usage in the tax field. No one says "subject to paying US taxes."

https://www.google.com/search?q=subject+to+us+tax&rlz=1CDGOYI_enUS643US643&sourceid=chrome-mobile&ie=UTF-8&hl=en-US&spknlang=en-US&inm=vs&vse=1#

Edited November 10, 2015 by aaron2020

[NikLR 13,227]

Your Canadian income would be subject to US taxes if you volunteer to be treated as a US taxpayer.

You said it I didn't say he would be paying US taxes...

Edited November 10, 2015 by NLR

[aaron2020 11,651]

You said it

Try to understand that "being subject to US taxes" means being subject to US tax laws. It does not mean "subject to paying US taxes." Google the term "subject to US taxes."

Did I say that he would owe or pay US taxes? No.

I have an advanced tax degree. I know the terms of art in my profession.

Edited November 10, 2015 by aaron2020

[NikLR 13,227]

I never said he would be. I said he would claim an exemption and not pay any taxes to clarify your point.

Edited November 10, 2015 by NLR

[rodrigobalfanz 0]

I have a question... is it Okay to send ALL THE PAGES of our Joint Tax Returns along with all other evidences for the Removal of Conditions or is it MANDATORY - OR ELSE to send transcripts?

(I understand Transcripts are BETTER, my question is if it is OKAY or not! If it's MANDATORY OR ELSE)

They also say if everything is OKAY there is no interview, it comes in the Mail

what do you think?