Filing Tax Married File Jointly with K1 Visa

[Spotify 76]

My wife came in the US last year (May 2019) from Vietnam.  Prior to that, my wife didn't earn any money that year in Vietnam, so there is no foreign income to report.  However, she did get a job in the US in December 2019, so there will be some income to report there.

 

We're planning to file MFJ, the only thing we need to submit to IRS, is the letter stating we want my wife to be treated as a US resident, correct?  (That would require paper filing/mailing)

 

Thanks.

[gregcrs2 1,778]

That is incorrect.  There is no letter to submit to the IRS.  Just file MFJ.  

[Spotify 76]

12 minutes ago, gregcrs2 said:

That is incorrect.  There is no letter to submit to the IRS.  Just file MFJ.  

I thought we have to follow this:

https://www.irs.gov/individuals/international-taxpayers/nonresident-alien-spouse

 

My wife didn't get her green card yet.  We're still waiting for the green card interview.  Does that change your answer?

 

Thanks.

[Crazy Cat 41,851]

Agree with @gregcrs2.  If your wife has a SSN, I would just file a joint tax return.......save a tree...😁

[ineedadisplayname 497]

4 minutes ago, Spotify said:

I thought we have to follow this:

https://www.irs.gov/individuals/international-taxpayers/nonresident-alien-spouse

 

My wife didn't get her green card yet.  We're still waiting for the green card interview.  Does that change your answer?

 

Thanks.

She can be considered resident for tax purposes  since she lives here. 

 

https://www.irs.gov/individuals/international-taxpayers/determining-alien-tax-status

 

She fails the green card test but passes the substantial presence test.

 

She has a ssn so just file and report her december income

[Crazy Cat 41,851]

8 minutes ago, Spotify said:

I thought we have to follow this:

https://www.irs.gov/individuals/international-taxpayers/nonresident-alien-spouse

 

My wife didn't get her green card yet.  We're still waiting for the green card interview.  Does that change your answer?

 

Thanks.

No.  She came in May.  She meets the substantial presence requirements to be a resident alien.......

Edited January 29, 2020 by missileman

[Spotify 76]

Oh.. Thanks everyone! @missileman @ineedadisplayname @gregcrs2  I'm glad I asked.  I was about to go full speed with my plan!

 

😛

[EliAnon 42]

Hello,

 

So what about your Wife and child who are in the middle of AOS and awaiting biometrics on said child. They both don't have SSN's, when filing it states I cannot claim my wife and child as dependents? Im mostly asking a question for someone who has experienced what I am experiencing now. How and why would my child, at the least, not be able to be claimed as a dependent? (they both got here in March 2019).

[Just Paul 4,595]

1 minute ago, EliAnon said:

Hello,

 

So what about your Wife and child who are in the middle of AOS and awaiting biometrics on said child. They both don't have SSN's, when filing it states I cannot claim my wife and child as dependents? Im mostly asking a question for someone who has experienced what I am experiencing now. How and why would my child, at the least, not be able to be claimed as a dependent? (they both got here in March 2019).

You can't file the taxes without their SSNs.   You can calculate out the amount of tax that would be due of you had the SSNs and file an extension.   You still need to pay any taxes due on time.  Alternatively you file MFS and do an amended return later.

[Wuozopo 4,293]

17 hours ago, Spotify said:

I thought we have to follow this:

https://www.irs.gov/individuals/international-taxpayers/nonresident-alien-spouse

 

My wife didn't get her green card yet.  We're still waiting for the green card interview.  Does that change your answer?

 

Thanks.

I disagree with the others that you can just skip the statement for no reason.

 

There are two tests to determine resident alien status.

• Green card test No she doesn’t pass that test 
• Substantial Presence test Was she present in the US 183 days in 2019? Probably since she arrived in May. Count her days and if she passes this test, she is a resident alien already so no statement.

 

Edited January 30, 2020 by Wuozopo

[Spotify 76]

On 1/30/2020 at 6:33 AM, Wuozopo said:

I disagree with the others that you can just skip the statement for no reason.

 

There are two tests to determine resident alien status.

• Green card test No she doesn’t pass that test 
• Substantial Presence test Was she present in the US 183 days in 2019? Probably since she arrived in May. Count her days and if she passes this test, she is a resident alien already so no statement.

 

Yes, she was in the US for 240+ days in 2019.