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Jaysongalv

Filing taxes for my fiancee, shes had her green card for 1 year,

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Filed: Country: Lithuania
Timeline

Can she file for tax return even though shes not in usa for 5 years? is she eldgible? thanks

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Service Center : Texas Service Center

Consulate : Lithuania

I-129F Sent : 2011-10-13

I-129F NOA1 : 2012-03-10

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I-129F NOA2 : 2012-10-03

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Packet 3 Received :

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Processing

Estimates/Stats : Your I-129f was approved in 207 days from your NOA1 date.

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Your post is phrased in a very confusing way. What are your and your fiancee's exact situations?

Your timeline says that you are married, in which case she is not your fiancee, she is your wife.

Are you the US citizen or is she?

is she in the USA right now? If so, when did she arrive in the USA? If your timeline is correct, and she arrived on 26th January 2013, the she is required to (not "can") file for both 2013 and 2014.

There are two tests for tax residency in the USA:

1. The substantial presence test.

http://www.irs.gov/Individuals/International-Taxpayers/Substantial-Presence-Test

2. The green card test.

http://www.irs.gov/Individuals/International-Taxpayers/Alien-Residency---Green-Card-Test

Your comments suggest that she may be required to file for taxes under both of those tests.

Please provide more information.

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