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Sarah_A

ROC first tax year question

By Sarah_A in Removing Conditions on Residency General Discussion

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Sarah_A Newbie

Sarah_A   0

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Hello Everyone,

Thank you for providing so much useful information on this site.

 

Background:

  • Got married in October 2016.
  • Arrived in the US in the last week of December 2016, on a CR1 visa.
  • All of my income from 2016 is foreign.
  • Will definitely file our 2017 taxes as married filing jointly.
  • Have yet to receive my 2016 end of year income documents from my foreign employer! Not sure when I'll get it.
  • So... my spouse went ahead and filed 2016 as married filing separately.

 

Question:
I am getting my ROC package ready for September this year and want to know if USCIS will require a 2016 tax return from me as part of my ROC package?

 

Thanks in advance,
Sarah

Edited by Sarah_A
Hypnos Grand Master

Hypnos   6,578

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Yes, if your income was above the filing threshold.

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Sarah_A Newbie

Sarah_A   0

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Thanks for the quick response!

 

Two questions:
1. How much was the threshold for 2016?
2. MUST the threshold be compared to the entire year's income or only the income earned since marring my American spouse?
(I think I remember reading somewhere that I have a choice between treating myself as a LPR for the entire year or only since POE or something???)

 

Thanks,
Sarah

 
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