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Christopher F
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geowrian Grand Master

geowrian   22,337

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
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Posted (edited)
7 minutes ago, Christopher F said:

Okay that sounds good--- thanks so much guys.  So I file either 6013 H or G, but not both?

I don't think the 6013 is a form...? I thought it was a section/subsection of law/code (please correct me if I'm wrong!). My wife and I just file a signed letter in accordance with the above-linked election instructions.

 

5 minutes ago, Christopher F said:

Is there any risk/downside to doing it this way?  Am I forced to file MFJ forever? (not sure why you wouldn't want to), I just remember reading something like that.

You can file MFJ or MFS as needed (or HOH with a non-spouse dependent and living separate from your spouse). You are not locked into any filing status...choose any (allowable) one that minimizes your tax liability.

Once your wife is a bona fide resident, there is no need for an election/choice...since they have no choice but to file as as a resident alien.

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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geowrian
geowrian

FEIE: https://www.irs.gov/individuals/international-taxpayers/foreign-earned-income-exclusion Foreign Tax Credit: https://www.irs.gov/individuals/international-taxpayers/foreign-tax-credit

Dee elle
Dee elle

I used an accountant who is an Enrolled Agent. EA with the IRS. Specialised in taxes  Italian _in_ NYC ... on this vj site is a specialist in this ... maybe send him a PM 

geowrian
geowrian

I used TurboTax as well (but had to print and file by mail due to her being a non-resident part of the year, requiring her to make a choice to be a RA vs NRA). I played with the numbers with and witho

Niaz Rookie

Niaz   2

Posted
Filed: IR-1/CR-1 Visa Country: India
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Posted
5 minutes ago, Christopher F said:

Where do I find the form?  Just checked the IRS website and nothing was there that I saw.  Thanks for your help!

You will not find a specific form for this . It is a custom made statement which needs to be  attached to the return stating that the election is taken. 

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Niaz Rookie

Niaz   2

Posted
Filed: IR-1/CR-1 Visa Country: India
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Posted
10 minutes ago, geowrian said:

I don't think the 6013 is a form...? I thought it was a section/subsection of law/code (please correct me if I'm wrong!). My wife and I just file a signed letter in accordance with the above-linked election instructions.

 

You can file MFJ or MFS as needed (or HOH with a non-spouse dependent and living separate from your spouse). You are not locked into any filing status...choose any (allowable) one that minimizes your tax liability.

Once your wife is a bona fide resident, there is no need for an election/choice...since they have no choice but to file as as a resident alien.

That is right , once entered as green card holder then no elections or choices. And you need to report FBAR if more than 10 k US dollars . And generally MFJ is beneficial since you have lower tax rates . From this year I guess there are no personal exemptions in the return only standard deduction applies .

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