Nonresident Alien Married file Separately Question

[kowc 1]

Hi all, 

 

Should I still file tax if my US income is under the minimum report requirement to show my bona fide marriage for my AOS interview? 

 

So a bit about my current background. For the tax year of 2020, I am considered a nonresident alien since I have only spent 133 days in the US (arrived on Aug 20th, 2020). I married my USC spouse on Sept 10th, 2020, and I am in the process of AOS. I do have an SSN from when I was an F1 student.  

 

We wish to file "Married filing separately" because if we declare me as a US resident for tax purpose, I would have to report my worldwide income in 2020, and it is a substantial amount (low six figures) and the troublesome form 8938 and FBAR that comes with it. My US income is considered zero if using 1040-NR and filed as "Married filing separately" since I cannot work and do not have US income. Should I still file it to show my bona fide marriage? We have other evidence such as joint account, utility bill, apartment lease, photos, and such. I am just uncertain how big a part tax filing plays in terms of bona fide marriage proof. 

 

Thank you very much in advance for your help. 

[Crazy Cat 41,845]

Yep.  Smart thinking.....  That first year is complex. My wife was a dual-status alien her first year in the US for the very reason you stated.  We filed separately, and she paid taxes only on the income she received from her Taiwan assets after entering the US.  We have an excellent CPA who helped us determine the best strategy, and she has filed our taxes and FBAR every year since.  Taiwan is especially unique since there is no tax treaty.  Good Luck.  

Edited February 21, 2021 by Lucky Cat

[Ayrton 965]

9 hours ago, kowc said:

Hi all, 

 

Should I still file tax if my US income is under the minimum report requirement to show my bona fide marriage for my AOS interview? 

 

So a bit about my current background. For the tax year of 2020, I am considered a nonresident alien since I have only spent 133 days in the US (arrived on Aug 20th, 2020). I married my USC spouse on Sept 10th, 2020, and I am in the process of AOS. I do have an SSN from when I was an F1 student.  

 

We wish to file "Married filing separately" because if we declare me as a US resident for tax purpose, I would have to report my worldwide income in 2020, and it is a substantial amount (low six figures) and the troublesome form 8938 and FBAR that comes with it. My US income is considered zero if using 1040-NR and filed as "Married filing separately" since I cannot work and do not have US income. Should I still file it to show my bona fide marriage? We have other evidence such as joint account, utility bill, apartment lease, photos, and such. I am just uncertain how big a part tax filing plays in terms of bona fide marriage proof. 

 

Thank you very much in advance for your help. 

You might be able to exempt your foreign income by filing a 2555, in 2020 up to 107k can be exempted.

 

If your husband decides to file separately, I wouldn't bother filing a 1040-NR.