A few Turbotax questions for filing MFJ while K1 spouse is overseas

[Migaloo 5]

I am married, but my K1 spouse now lives in another country. My spouse does not have a green card and is not a resident, but want to treat as a resident. My spouse has a SSN. I have a few questions about the taxes.

 

1. Under Personal information the software asks for state of residence (Foreign or other U.S. Possession makes sense here as my spouse is living in another country). However, the software asks if my spouse has lived in another state in 2019, which my spouse did for some months. This is a yes or no question and it seems like yes is the way to answer since my spouse has lived in a state. Is this correct?

 

2. The software also asks for the previous state of residence (state where you lived before moving). My spouse never became a resident, but has lived in one state in the USA. But I am not sure about this question.

 

3. The software lastly asks the date my spouse became a resident of the foreign country. This is confusing since my spouse has been a resident of the other country my spouse's entire life.

 

4. I am not sure if my spouse has interest from a bank account (Perhaps only has a checking account), but how is a foreign bank account's interest reported since a this bank won't have a 1099-INT?

 

I understand that with Turbotax in order to input my spouse's foreign income you search for foreign income and click on jump to and answer the questions. Then the software will ask more questions to see if my spouse qualifies for any deductions or credits. Is there anything else I might be forgetting?

 

Thanks.

[gregcrs2 1,778]

K1 is for a fiancée, not a spouse.  Your post is very confusing.

[Wuozopo 4,293]

34 minutes ago, Migaloo said:

I am married, but my K1 spouse now lives in another country. My spouse does not have a green card and is not a resident, but want to treat as a resident. My spouse has a SSN. I have a few questions about the taxes.

If you married in 2019 then a joint return is possible. But clarify why you call your spouse a K1 fiancé. 
 

If you choose to treat your spouse as a resident, then that requires a statement signed by each of you to be mailed with your printed paper return. Are you familiar with this requirement?
 

So...by choosing to treat your spouse as a resident for tax purposes, to the IRS and TurboTax you answer that she is a resident of your state. This isn’t about her immigration  status. It is about how the IRS views her for tax purposes. Your election statement you will submit says she will be considered by the IRS as a resident alien for the entirety of 2019. If she lived in another US state during 2019, then name it. That is just TurboTax’s way to figure out if she owes state income tax to another state. 
 

49 minutes ago, Migaloo said:

. The software lastly asks the date my spouse became a resident of the foreign country. This is confusing since my spouse has been a resident of the other country my spouse's entire life.

Sounds like you are in the questions to determine if she qualifies for the foreign income exclusion as a bonafide resident of her country. So she became a bonafide resident on the date of her birth. What country? Your profile is not filled out. 
 

If you are not in the Foreign Income section, then you will be asked that when you get there. TurboTax has that in their last Income section called Less Common Income. 
 

If you are still in the Personal section, then go back and fix the question asking if she is a resident (yes because you are choosing for her to be) and it will modify what other questions it asks. It should no loner ask about her foreign residence in the personal section.. Start the entire section over and answer in order. 

[Migaloo 5]

18 hours ago, gregcrs2 said:

K1 is for a fiancée, not a spouse.  Your post is very confusing.

My fiancee came on a K1 visa and we got married and my spouse got a SSN as well. I am visiting my spouse in their country so I am trying to do my taxes while visiting as the taxes require a wet signature.

 

18 hours ago, Wuozopo said:

If you married in 2019 then a joint return is possible. But clarify why you call your spouse a K1 fiancé. 

I meant to explain how my spouse came to the United States in case that mattered.
 

If you choose to treat your spouse as a resident, then that requires a statement signed by each of you to be mailed with your printed paper return. Are you familiar with this requirement? Yes. I have a similar statement that is provided by this forum.
 

So...by choosing to treat your spouse as a resident for tax purposes, to the IRS and TurboTax you answer that she is a resident of your state. This isn’t about her immigration  status. It is about how the IRS views her for tax purposes. Your election statement you will submit says she will be considered by the IRS as a resident alien for the entirety of 2019. If she lived in another US state during 2019, then name it. That is just TurboTax’s way to figure out if she owes state income tax to another state. 
 

Sounds like you are in the questions to determine if she qualifies for the foreign income exclusion as a bonafide resident of her country. So she became a bonafide resident on the date of her birth. What country? Your profile is not filled out. I have not gotten to the foreign income exclusion part yet. I am in the personal info.
 

If you are not in the Foreign Income section, then you will be asked that when you get there. TurboTax has that in their last Income section called Less Common Income. 
 

If you are still in the Personal section, then go back and fix the question asking if she is a resident (yes because you are choosing for her to be) and it will modify what other questions it asks. It should no loner ask about her foreign residence in the personal section.. Start the entire section over and answer in order.  So to clarify I was wrong to select foreign for state of residence... and therefore put the state where my spouse lived for some months and select no that my spouse did not live in another state in 2019 since my spouse did not, and then I do not have to answer the questions about previous state of residence and the date became a resident of foreign country. 

 

[Wuozopo 4,293]

@Migaloo

 

I can’t answer because I don’t understand your family situation. You have no timeline or profile filled out. It’s wasting our time to keep trying to dig it out.

K1 fiance

Married you

Greencard?

Left the US and can not come back?

Lives in what country now?

You said she lived in another state besides your state. Now you say she didn’t.

[Migaloo 5]

33 minutes ago, Wuozopo said:

@Migaloo

 

I can’t answer because I don’t understand your family situation. You have no timeline or profile filled out. It’s wasting our time to keep trying to dig it out.

K1 fiance

Married you

Greencard?

Left the US and can not come back?

Lives in what country now?

You said she lived in another state besides your state. Now you say she didn’t.

K1 fiance married me but left the US before getting the green card. Lives in Brazil but only lived in one state with me here in the US.