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Filed: Timeline

Hello,


My wife and I got married in March and we are now in the US.  My wife has been in the US since May of 2016 so I think she technically qualifies as a resident alien since she was in the country for over 180 days.  Also, she just got her SSN in the mail.  Now that we are filing taxes I'm wondering how we report her worldwide income.  When she was in Bolivia she worked but made less than $2000 so I'm wondering if it is necessary to report it and if so, what form do we use?  Is there a way to e-file and still report her foreign income?  

 

Thanks

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

yes, you have to report her bolivian income , put it on line 7 form 1040,

if this amount makes difference and increase your taxes then fill form 2555ez to exclude this income from taxation and put it on line 21 in brackets

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To use Form 2555 she needs to have been a resident at the time the income was made. If she is qualifying through the physical presence test her residency will have started on the first full day she was in the US. If you want to use Form 2555 and report the income prior to her arrival you have to add an election statement that you choose to treat her as a tax resident for the ENTIRE  year of 2016. When adding the election statement you can no longer e-file.

 

Edit: I see now that your wife must have entered as a green card holder. In this case it doesn't matter about the physical presence. The green card itself makes her a tax resident.

Edited by Suss&Camm

K1 Visa & AOS

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2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
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2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

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Filed: Timeline
7 hours ago, Suss&Camm said:

To use Form 2555 she needs to have been a resident at the time the income was made. If she is qualifying through the physical presence test her residency will have started on the first full day she was in the US. If you want to use Form 2555 and report the income prior to her arrival you have to add an election statement that you choose to treat her as a tax resident for the ENTIRE  year of 2016. When adding the election statement you can no longer e-file.

 

Edit: I see now that your wife must have entered as a green card holder. In this case it doesn't matter about the physical presence. The green card itself makes her a tax resident.

My wife actually entered as a tourist with the intention of going back to Bolivia to finish the green card process but circumstances changed and we ended up having her status changed and thus she didn't go back afterall.  Given that my wife did not enter with a green card, does that mean that even though she qualifies as a US resident for tax purposes based on the substantial presence test that we still need to add a statement saying we choose to treat her as a tax resident for the entire year?  I'm assuming that if we weren't to attach that statement we would have to file married filing separately instead of married filing jointly?

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1 hour ago, Calebpinter said:

My wife actually entered as a tourist with the intention of going back to Bolivia to finish the green card process but circumstances changed and we ended up having her status changed and thus she didn't go back afterall.  Given that my wife did not enter with a green card, does that mean that even though she qualifies as a US resident for tax purposes based on the substantial presence test that we still need to add a statement saying we choose to treat her as a tax resident for the entire year?  I'm assuming that if we weren't to attach that statement we would have to file married filing separately instead of married filing jointly?

Yes you need to add the statement to file mfj and to treat her as tax resident for the entire year. Otherwise her Tax residency start date is her first day present in the US, and other rules apply for the dual-status year.

K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

giphy.gif

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