September 2018 AOS Filers

[K1visaHopeful 2,817]

Just now, geowrian said:

I do not, sorry. I've never had to actually file an FBAR personally. Everything is in the US for us.

Okay. Thanks anyways. I'll see what our accountant says. Thanks again!

[rain111 13]

New update about my EAD/AP.  I just got a combo card this afternoon via USPS. PD on Aug 27, NOA1 on Sep 5, Bio on Oct 4.

• Feb 2 - New card is being processed
• Feb 5 - Case was approved (Only for EAD, no change on AP)
• Feb 6 - Card was mailed to me
• Feb 8 - Received approval letters (EAD/AP)
• Feb 11 - Card was delivered

My USCIS still says "Case was received" for AP (I-131), so please do not worry if your status hasn't changed at all. As other said, it seems normal.

I guess my SSN will be in mail soon? I have another long wait for the interview, but I feel relieved today.

 

I hope this info might help September filers!

 

 

[K1visaHopeful 2,817]

32 minutes ago, LizM said:

I think what they mean is you need to, in addition to filing FBAR electronically in the Fincen system, also in the 1040 fill out Schedule B Part III. We're just getting to this part too.

Okay. Let me know if that's the correct procedure once you get past it. I'm predicting my husband will be filing his taxes before I have a chance to file the FBAR which is why I'm asking. Dont want to send the taxes without including the info needed for FBAR.

[geowrian 22,337]

34 minutes ago, LizM said:

Incredibly helpful, as always. One question, does the RA status still need to be elected in a separate attachment even if the GC or substantial presence test is met? I meet the latter, so I thought I wouldn't have to add anything beyond when they ask about it in the tax documents.

If you meet the substantial presence test, then you would be an RA for the year.

If you meet the bona fide resident test due to getting a green card mid-year, you would be a dual status alien - NRA prior to becoming a GC holder, RA afterwards. The election statement would let you be an RA for the entire year.

 

Quote

We're going with married filed jointly since I can still exclude the income I had while I was still in Sweden. We'll be filing the 1040, Individual Tax Return and the 2555EZ, Foreign Income Exclusion. If anyone has any input please do let me know, my interpretation is that to be able to file 2555EZ you need to meet either bonafide OR physical presence test, AND tax home test. And to fulfill the bonafide presence test in the 2555EZ you'd have to have been present in the foreign country for at least 365 days in 2018, which is probably not the case for any of us.

Here's the FEIE workflow I've used:

https://www.irs.gov/individuals/international-taxpayers/foreign-earned-income-exclusion-can-i-claim-the-exclusion-or-deduction

"Were you a bona fide resident of a foreign country or countries for an uninterrupted period that includes an entire tax year?"

Not that you would be a bona fide resident of a foreign country prior to 2018...presumably for the entire 2017 tax year. When completing the 2555, you would provide the dates that you were a bona fide resident of the foreign country. As long as that covers an entire tax year, the portion of the that covers the 2018 year will exclude income proportionally to the full FEIE amount.

 

As for tax home, I honestly need to defer to others here. Depending on the specific circumstances, one may or may not have their tax home in the US or not, and I'm honestly not the best person to try to explain that (sorry!). In my wife's case, her tax home was clearly outside the US still.

 

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Also, for the health insurance question, my husband interpreted it as only asking if I had insurance for the months I was required to have it - June through December. Does this apply even though I'm for tax purposes counted as an RA all year? Would prefer to avoid the penalty fee for the months I wasn't even present in the US. Interested to hear any insights.

We had used form 8965 to claim an exemption for the entire year a my wife was not subject to this (under exception class c, https://www.irs.gov/instructions/i8965). That would not necessarily be the case for everybody.

We used TurboTax, and answering the questions completed the above form for us automatically via some fairly simple questions.

You are only responsible for coverage during the periods of which you were a resident in the US - you should be able to claim exemption for at least the time prior to coming to the US, if not the entire year (or entire year prior to becoming an LPR).

Edited February 12, 2019 by geowrian

[C90 376]

12 hours ago, rain111 said:

New update about my EAD/AP.  I just got a combo card this afternoon via USPS. PD on Aug 27, NOA1 on Sep 5, Bio on Oct 4.

• Feb 2 - New card is being processed
• Feb 5 - Case was approved (Only for EAD, no change on AP)
• Feb 6 - Card was mailed to me
• Feb 8 - Received approval letters (EAD/AP)
• Feb 11 - Card was delivered

My USCIS still says "Case was received" for AP (I-131), so please do not worry if your status hasn't changed at all. As other said, it seems normal.

I guess my SSN will be in mail soon? I have another long wait for the interview, but I feel relieved today.

 

I hope this info might help September filers!

 

 

Did your status change to card was mailed to me? On feb 7th my status changed to 'new card is being produced', feb 8th 'case was approved' and yesterday (feb 11th) I received both NOA2's but no card yet (what seems pretty normal) Just wondering if the status always changes to 'card was mailed to me' before it actually arrives. Our mailman sometimes has the tendency to mis deliver or just not deliver our mail, would not want that to happen with this! (I have informed delivery, that's how I know that it happened 3 times that they mis delivered or not delivered mail)

[akoko-01 12]

We are 90% convinced that we need to file MFS! we called 21 tax preparation near us and no one have a slight idea how to do it. so it's like doing it by ourselves and risking to forget something or mess up something. if we file separately, then only the USC will file and include the NRA SSN but no income to report, no income to exclude, no schedule B to fill, no FBAR to do...  can somebody assure us that if we file MFS, the NRA wont need to file a separate tax right? only the USC will do. plus can somebody tell us like how much are we missing on money if we file MFJ? I know that it cant be determined but we have no kids and we are only 2 in the house so can somebody estimate how much?

[K1visaHopeful 2,817]

21 hours ago, geowrian said:

Sorry if I missed some details....following the thread for the tax question along with all the other updates is not a fun experience.

 

If filing MFJ, you must be considered a resident alien (RA) for the entire tax year. This is noted in the instructions for filing statuses.

The spouse of a USC or LPR can elect to be treated as an RA for the entire tax year. A letter confirming this election is required. The letter makes filing via eFile impossible right now, but you can still do the taxes online, print them, attach the letter + W-2s (if any), and mail it in. It's a PITA, but it is what it is.

 

A consequence of being an RA for the entire tax year is that you must report all worldwide income just like a USC or LPR must do. This income can then be excluded via the FEIE (Form 2555/2555EZ) for up to roughly $100k.

 

If you became a resident (not just LPR) at any time in the year then you are a dual-status alien. You can either file based solely on when you became an RA onwards (no need to report worldwide income), or do the election to be an RA for the entire year still. The amount of FEIE eligible for exclusion would be proportional to the time before become a resident (i.e. if you entered on July 1st, you would be roughly able up to claim half the full exclusion). This is calculated on the 2555 based on the number of days abroad / 365.

 

Option 2 is to file MFS, and no worldwide income is necessary to be reported by the NRA (just US income, if any).

 

But keep in mind MFJ has double the standard deduction ($12.2k) than MFS. Unless the NRA's income is more than the FEIE (and/or FTC if applicable) + $12.2k, that's leaving money on the table. Filing MFJ can generally reduce your tax liability by thousands of dollars.

@akoko-01

[akoko-01 12]

7 minutes ago, K1visaHopeful said:

@akoko-01

yep we saw that and it was very helpful, but when it comes to actually fill out the forms, its way more complicated. in the 1040 form, you will need to add and substract and know exactly where to fill numbers which is done by tax software usually. form 2555 is also complicated. same about schedule b part III.

all of these requires professionals in order for you not to mess up by entering the wrong number in the wrong place.

maybe we are the only ones who finds it hard lol. anw 10x you have been helpful during all the journey 🙂

[K1visaHopeful 2,817]

1 hour ago, akoko-01 said:

yep we saw that and it was very helpful, but when it comes to actually fill out the forms, its way more complicated. in the 1040 form, you will need to add and substract and know exactly where to fill numbers which is done by tax software usually. form 2555 is also complicated. same about schedule b part III.

all of these requires professionals in order for you not to mess up by entering the wrong number in the wrong place.

maybe we are the only ones who finds it hard lol. anw 10x you have been helpful during all the journey 🙂

No problem! I was just trying to emphasize that filing MFJ is most likely your situation and a more financially beneficial one as he stated how much more the tax benefit was for MFJ (as you had asked). 

But I agree that it's very complicated and should most likely be left in the hands of an accountant with immigration experience.

[reicakes88 35]

Got an update from the app and website today. My husbands interview has been scheduled!

[rain111 13]

4 hours ago, C90 said:

Did your status change to card was mailed to me? On feb 7th my status changed to 'new card is being produced', feb 8th 'case was approved' and yesterday (feb 11th) I received both NOA2's but no card yet (what seems pretty normal) Just wondering if the status always changes to 'card was mailed to me' before it actually arrives. Our mailman sometimes has the tendency to mis deliver or just not deliver our mail, would not want that to happen with this! (I have informed delivery, that's how I know that it happened 3 times that they mis delivered or not delivered mail)

Yes, it did change before the card was mailed to me. On Case Status Online (Not on my USCIS account), I had gotten "US postal service picked up the mail" which has tracking number.

[C90 376]

4 hours ago, rain111 said:

Yes, it did change before the card was mailed to me. On Case Status Online (Not on my USCIS account), I had gotten "US postal service picked up the mail" which has tracking number.

Thanks! Just checked the USCIS app (on my phone) and it says card was mailed to me today! Woohoo, so exciting lol. Hopefully we'll get a job soon!

[Mrs.Williams 34]

Hi!

Received EAD/AP card in the mail today but due to an error it has to be sent back. It can take up to 1-2 months from what the representative "didnt" say over the phone. Btw: they said if it was not there error they will charge the filing fee again. 

USCIS received September 10

Approved February 6

 

To think, we were in a happy place today.

[K1visaHopeful 2,817]

5 minutes ago, Mrs.Williams said:

Hi!

Received EAD/AP card in the mail today but due to an error it has to be sent back. It can take up to 1-2 months from what the representative "didnt" say over the phone. Btw: they said if it was not there error they will charge the filing fee again. 

USCIS received September 10

Approved February 6

 

To think, we were in a happy place today.

Oh no! What was the error?

[Mrs.Williams 34]

5 minutes ago, K1visaHopeful said:

Oh no! What was the error?

They spelled my husband last name wrong