Tax Return from Home Country

[RobertHopkins 6]

In 2022 my wife was not a yet a US resident/did not have her green card. Therefore, I filed as married, but separate.

 

my questions are

 

1. do we still submit the 2022 return married but separate for her I-751 that I filed?

 

2. Does she need to submit hers from 2022 from her home country?

 

thank you!

[SteveInBostonI130 3,489]

1 hour ago, RobertHopkins said:

In 2022 my wife was not a yet a US resident/did not have her green card. Therefore, I filed as married, but separate.

 

my questions are

 

1. do we still submit the 2022 return married but separate for her I-751 that I filed?

 

2. Does she need to submit hers from 2022 from her home country?

 

thank you!

 

For ROC, you want proof of a genuine relationship since your wife became a US permanent resident.  If you are filing the ROC now, I assume she has been a resident since 2023.  You do not need to submit 2022 tax returns.

[RobertHopkins 6]

Okay because I thought they needed proof from marriage to present. 

[OldUser 7,863]

12 minutes ago, RobertHopkins said:

Okay because I thought they needed proof from marriage to present. 

That's what instructions for I-751 say.

That's what I provided and got approved.

Others got approved evidence for smaller timespan - from GC approval to I-751 filing date.

[RobertHopkins 6]

The tax transcript for 2022 only has my name though because for my wife, we listed her as NRA. Should I provide the full return for that year that shows her name? Is that what you submitted?

 

also for 2024 we’ve e filed but no IRA transcript yet.

[JKLSemicolon 433]

2 hours ago, RobertHopkins said:

In 2022 my wife was not a yet a US resident/did not have her green card. Therefore, I filed as married, but separate.

 

my questions are

 

1. do we still submit the 2022 return married but separate for her I-751 that I filed?

 

2. Does she need to submit hers from 2022 from her home country?

 

thank you!

For #2, if her 2022 tax return shows her as married and lists your name, it could have value as evidence of a bonafide marriage. Otherwise, no.

 

Edited to add: I’m assuming the return is in English in this case. For s case where the foreign tax return needed to be translated, I would not see that as worth the trouble.

 

#1 looks like the same question you have asked and had answered in other threads, but just to repeat my earlier answer: you could submit the copy of the return (which has both your names on it) along with the IRS transcript (which, although it doesn’t have her name, proves the return was actually filed and accepted by the IRS).

Edited Friday at 03:42 AM by JKLSemicolon

[OldUser 7,863]

41 minutes ago, RobertHopkins said:

The tax transcript for 2022 only has my name though because for my wife, we listed her as NRA. Should I provide the full return for that year that shows her name? Is that what you submitted?

I didn't have this situation, as my taxes were always filed jointly when I got married. However, I don't see a problem submitting 2022 it shows your name, you're being married. Doesn't wife's name show at all anywhere on tax return transcript?

Edited Friday at 03:35 AM by OldUser

[RobertHopkins 6]

Nope, only on the e-file form it shows her name and says Non resident alien in the SSN section. The official IRS transcript only says my name and says married filing separate. Spouse name and spouse SSN is blank.

[JKLSemicolon 433]

3 hours ago, OldUser said:

Doesn't wife's name show at all anywhere on tax return transcript?

Transcripts only show both names when it’s a joint return, which is why in this case a copy of the return plus the transcript is stronger evidence than the transcript alone.

[RobertHopkins 6]

Yes, that’s right. That’s why I plan on including the transcript and the full return prepared by my accountant. I would hope the officer can understand in 2022 my wife was not yet a green card holder.