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Moonc

Our accountant is confusing me

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We got married in December 2nd 2019 and I arrived to the states in November 2019 and I got my SSN in the same week. I want us to file 2019 taxes as married jointly, but my husband's accountant says it might not be the most beneficial option for him?? (he owns a small business). The accountant also said I don't need to fill form 2555? I don't get it. I thought 2555 is a must for all K1 visa entrees. So what should we do, I don't understand the USA tax system at all, and finding a good accountant at this point seems so difficult. Is he right or wrong? Ps. I want to file jointly mainly because of USCIS. 

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Filed: Citizen (apr) Country: Taiwan
Timeline

Form 2555 is NOT necessarily required for all K-1 entrees.  It depends on your foreign income, your tax filing status and other factors. Your accountant might be right.  There are several factors which would determine the best filing strategy.  Even filing Married, Filing Separately requires the spouse's name and SSN to placed on the individual's tax return.

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13 minutes ago, Moonc said:

I thought 2555 is a must for all K1 visa entrees.

Did you have foreign income?   Enough to file?

March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

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July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

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October 21, 2021 N-400 Biometrics Completed  

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1) USCIS doesn't care if you file jointly or separately. That's a personal tax decision, not a relationship one.

2) In most cases, filing jointly provides for a lower tax liability. But run both to confirm.

3) If filing jointly, you must claim both individual's worldwide incomes for the entire year. The 2555/2555EZ may or may not apply to reduce or eliminate the taxes owed on foreign income.

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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1 hour ago, Lucky Cat said:

Form 2555 is NOT necessarily required for all K-1 entrees.  It depends on your foreign income, your tax filing status and other factors. Your accountant might be right.  There are several factors which would determine the best filing strategy.  Even filing Married, Filing Separately requires the spouse's name and SSN to placed on the individual's tax return.

Ok thank you! I feel so lost with all this paper work! My income in 2019 before moving here was around 20,000€. I'll check in with the accountant again 

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1 hour ago, Paul & Mary said:

Did you have foreign income?   Enough to file?

I made around 20,000€ before I moved here 

54 minutes ago, geowrian said:

1) USCIS doesn't care if you file jointly or separately. That's a personal tax decision, not a relationship one.

2) In most cases, filing jointly provides for a lower tax liability. But run both to confirm.

3) If filing jointly, you must claim both individual's worldwide incomes for the entire year. The 2555/2555EZ may or may not apply to reduce or eliminate the taxes owed on foreign income.

Thank you! I don't know where I got the idea that FMJ would be better for uscis

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