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Question Regarding Tax Return While Living in Another Country

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Filed: IR-1/CR-1 Visa Country: Pakistan
Timeline

Please answer me following question. 

We got married in Pakistan in January, 2016. My wife lived with me for whole year(2016) in Pakistan and didn't do any Job in Pakistan. She went back to USA in January, 2017. Does she need to file tax return in USA for year 2016 even with zero income as she lived outside USA for whole year? Or can she file the tax return with by filing the form 1040 with Zero income, to have a proof that she filed tax return with zero income.  We have already submitted our case to NVC and waiting for approval. 

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Firstly, depending on how fast they process you, her 2016 tax return shouldn't be required.  I believe the last date for filing is around april? (check that as I'm not 100%) and therefore NVC's "last 3 years" they refer to would be 2013, 2014, 2015.
With regards to filing from overseas with zero US income, she will need to file a 1040, and also a form 2555 EZ which is the exemption form for foreign income.  As long as she didnt earn more than just over $100K they don't tax her but it needs to be declared. The form can be a little confusing. Get her to download both the 1040 for 2016 and the form 2555EZ (or form 2555 ... the instructions tell you which one) and get in touch with me on messenger if you like.  I just went through all this for my hubby :-) 

Got married: 26th Sep 2013 

I-130 Petition Process:

Sent petition to USCIS Chicago lockbox (via in-laws to put check in US$): 11 Mar, 2016

NOA1: 24 Mar, 2016 (email notification 30 Mar. Hardcopy 11 Apr)

Service Centre: NEBRASKA

NOA2: 3rd Aug 2016

Petition sent to NVC: 18th Aug 2016

NVC Stage

Case number assigned: 8th Sep 2016

Paid AOS Fee: 9th Sep 2016

Paid IV Fee: 14th Sep 2016

DS-260 submitted: 25th Jan 2017

AOS & IV Package sent: 25th Jan 2017

Expedite requested: 25th Jan 2017

Expedite approved (consulate only): 1st Feb 2017

Scan Date: 31st Jan 2017

Case Complete: 14th April 2017 (10 weeks 4 days)

Full expedite approved (bypass NVC to send file to embassy), however too late as I already had case complete 17th Apr 2017

Case arrived at Embassy: 21st April 2017

P4 letter received: 26th April 2017 (expedite at embassy stage so this came from the consulate, not NVC)

Medical date: 26th April 2017

Interview date: 4th May 2017 APPROVED!!

Visa received: 8th May 2017 

POE (entered the USA): 15th May 2017 

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Filed: Lift. Cond. (apr) Country: China
Timeline

Moved from IR-1/CR-1 Progress Reports to Tax & Finances During US Immigration forum.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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Filed: IR-1/CR-1 Visa Country: Pakistan
Timeline

 

14 hours ago, Thesmiths2016 said:

Firstly, depending on how fast they process you, her 2016 tax return shouldn't be required.  I believe the last date for filing is around april? (check that as I'm not 100%) and therefore NVC's "last 3 years" they refer to would be 2013, 2014, 2015.
With regards to filing from overseas with zero US income, she will need to file a 1040, and also a form 2555 EZ which is the exemption form for foreign income.  As long as she didnt earn more than just over $100K they don't tax her but it needs to be declared. The form can be a little confusing. Get her to download both the 1040 for 2016 and the form 2555EZ (or form 2555 ... the instructions tell you which one) and get in touch with me on messenger if you like.  I just went through all this for my hubby :-) 

Thanks for reply, about which messenger you are talking about?

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