tax filing - so confused! need some clarification

[starregazer 6]

I wanted to file MFJ. My husband is currently not a resident but we were going to file as if he were because I'll actually get more money back that way and starting next year we will be filing jointly anyway. He moved here Sept 19 on a K1 and we married Oct 1 of 2016. We are currently in the process of AOS. He had an income prior to moving here, so I don't want to put his income as 0 for the year. I used TaxAct to do my taxes and we filled out form 2555 with his information. He has an SSN.

I have read so many forums here and the more I read, the more confused I am. Is the way I'm doing this okay? As I understand I just need to paper file and send a election to file joint return along with it. Is this correct? Is there anything I'm missing? I am so confused at this point and about to give up and go to a tax person, though I'm not sure how knowledgeable they will be on that subject either.

 

Edited to add: Does anyone have an example of the election statement?

Edited April 5, 2017 by starregazer

[Suss&Camm 2,213]

26 minutes ago, starregazer said:

I wanted to file MFJ. My husband is currently not a resident but we were going to file as if he were because I'll actually get more money back that way and starting next year we will be filing jointly anyway. He moved here Sept 19 on a K1 and we married Oct 1 of 2016. We are currently in the process of AOS. He had an income prior to moving here, so I don't want to put his income as 0 for the year. I used TaxAct to do my taxes and we filled out form 2555 with his information. He has an SSN.

I have read so many forums here and the more I read, the more confused I am. Is the way I'm doing this okay? As I understand I just need to paper file and send a election to file joint return along with it. Is this correct? Is there anything I'm missing? I am so confused at this point and about to give up and go to a tax person, though I'm not sure how knowledgeable they will be on that subject either.

 

Edited to add: Does anyone have an example of the election statement?

This is correct. I can't speak for how that program has calculated things or the data you have put into it, but yes, 1040 choosing MFJ, 2555EZ (if he's eligible that one is simpler), election statement, AND 8965 coverage exemption form so you don't get any fines for healthcare for the months he was in his country (fill out name and SSN on top plus part 3 and mark exemption C for the months he was in his country including the month in which he arrived).

[Suss&Camm 2,213]

First year election statement

 

Date xx/xx/2017

 

 

Filing address

Department of the Treasury
Internal Revenue Service
Austin, TX  73301-0002 – Check where you’re supposed to send

 

 

 

 

 

To Whom It May Concern,

 

 

In the tax year 2016, I was a non-resident for tax purposes but was married to a U.S. citizen.
My spouse and I therefore choose for me to be treated as U.S. resident for the entire tax year of 2016.

 

 

 

Signature       _________________________________________
Printed name                        Spouse’s #1 name
SSN                XXX-XX-XXXX

Address          101 Immigration St

                       Taxville, AA 555 88
 

 

 

Signature        _________________________________________
Printed name                         Spouse’s #2 name
SSN                XXX-XX-XXXX

Address          101 Immigration St

                       Taxville, AA 555 88
 

 

[Wuozopo 4,293]

Things to check on your return.

 

Line 7 includes both incomes for all of 2016 (foreign and US)

 

Line 21 Other Income is a negative number reflecting the foreign income that was excluded. And written in on the line beside 21 it says Form 2555 to say what the "other Income" was.

 

 

 

 

[starregazer 6]

Thank you both for your help! Maybe I can do this myself!