Full Version: Taxes, Help!!!
First off, I don't know why the tax publications have to be so confusing! At first I was thinking my husband would have to file a dual-status, since he moved over in April and wasn't a resident until December, but was working in November with an EAD. Then they say you can choose to file as a resident for the tax year. Besides these few things, I would be able to file this just fine myself. I just don't want to file one way then get into big trouble for it being wrong. What have some of you done? Please don't say read the IRS website, because I'm trying to! The current publication I'm reading is 72 pages long and very contradicting to itself.
QUOTE(Nicole72082 @ Jan 23 2008, 10:36 AM) 
First off, I don't know why the tax publications have to be so confusing! At first I was thinking my husband would have to file a dual-status, since he moved over in April and wasn't a resident until December, but was working in November with an EAD. Then they say you can choose to file as a resident for the tax year. Besides these few things, I would be able to file this just fine myself. I just don't want to file one way then get into big trouble for it being wrong. What have some of you done? Please don't say read the IRS website, because I'm trying to! The current publication I'm reading is 72 pages long and very contradicting to itself.
You can file as married if you were married by December 31rst. Its a little more complicated, if you income from both foreign and domestic sources. Although income up to $80,000 earned outside the US is tax exempt. For anything over that, there may be tax treaties preventing double taxation.
You can try www.taxact.com it allows you to do your taxes for free. It walks you through step by step with questions (and tips too) on how to file.
File married filing jointly.
Good luck!
File married filing jointly.
Good luck!
Do not confuse tax residency with immigration residency... they may not always be the same....
QUOTE(fwaguy @ Jan 23 2008, 10:42 AM)
Do not confuse tax residency with immigration residency... they may not always be the same....
Well, after I posted, I went over to read some more on IRS.gov and they keep talking about residency starting under the substantial test. So, would they consider that Dave has lived here since April, so that would have him here most of the year.... or the fact that he didn't get his residency card until December 18th.
QUOTE(Nicole72082 @ Jan 23 2008, 10:47 AM)
QUOTE(fwaguy @ Jan 23 2008, 10:42 AM)
Do not confuse tax residency with immigration residency... they may not always be the same....
Well, after I posted, I went over to read some more on IRS.gov and they keep talking about residency starting under the substantial test. So, would they consider that Dave has lived here since April, so that would have him here most of the year.... or the fact that he didn't get his residency card until December 18th.
First test is the greencard test... if he has it (or acquired it) during the tax year then he is a resident for tax purposes...
based on your facts you do not need to go further (to the substantial presence test , etc..) as you already passed test #1
CONTACT Kezzie on this website, she has experience in this area I do believe and she seems to know what she is talking about, I think she could help you with your questions very quickly and correctly if you were to give her a personal message, and I do believe she is some sort of Enrolled Tax Agent Specialist that works on tax returns. 
Well, after I posted, I went over to read some more on IRS.gov and they keep talking about residency starting under the substantial test. So, would they consider that Dave has lived here since April, so that would have him here most of the year.... or the fact that he didn't get his residency card until December 18th.
QUOTE(Nicole72082 @ Jan 23 2008, 12:47 PM)
QUOTE(fwaguy @ Jan 23 2008, 10:42 AM)
Do not confuse tax residency with immigration residency... they may not always be the same....
Well, after I posted, I went over to read some more on IRS.gov and they keep talking about residency starting under the substantial test. So, would they consider that Dave has lived here since April, so that would have him here most of the year.... or the fact that he didn't get his residency card until December 18th.
QUOTE(Nicole72082 @ Jan 23 2008, 10:47 AM)
QUOTE(fwaguy @ Jan 23 2008, 10:42 AM)
Do not confuse tax residency with immigration residency... they may not always be the same....
Well, after I posted, I went over to read some more on IRS.gov and they keep talking about residency starting under the substantial test. So, would they consider that Dave has lived here since April, so that would have him here most of the year.... or the fact that he didn't get his residency card until December 18th.
Residency for the purposes of Immigration is different than residency as required to file taxes. You can file your taxes as married and your husband could be living in Timbuktu.
It does not matter when he got his greencard....it matters when you got married. If that was before Dec. 31, then you can file as a married filing jointly. :-)
-P
QUOTE(zqt3344 @ Jan 23 2008, 11:14 AM)
CONTACT Kezzie on this website, she has experience in this area I do believe and she seems to know what she is talking about, I think she could help you with your questions very quickly and correctly if you were to give her a personal message, and I do believe she is some sort of Enrolled Tax Agent Specialist that works on tax returns.
Well, after I posted, I went over to read some more on IRS.gov and they keep talking about residency starting under the substantial test. So, would they consider that Dave has lived here since April, so that would have him here most of the year.... or the fact that he didn't get his residency card until December 18th.
QUOTE(Nicole72082 @ Jan 23 2008, 12:47 PM)
QUOTE(fwaguy @ Jan 23 2008, 10:42 AM)
Do not confuse tax residency with immigration residency... they may not always be the same....
Well, after I posted, I went over to read some more on IRS.gov and they keep talking about residency starting under the substantial test. So, would they consider that Dave has lived here since April, so that would have him here most of the year.... or the fact that he didn't get his residency card until December 18th.
I'm sure Kezzie appreciates you offering her services on PM.
She'll likely happen about this thread in due time.
QUOTE(Paula&Minya @ Jan 23 2008, 11:14 AM)
Residency for the purposes of Immigration is different than residency as required to file taxes. You can file your taxes as married and your husband could be living in Timbuktu.
It does not matter when he got his greencard....it matters when you got married. If that was before Dec. 31, then you can file as a married filing jointly. :-)
-P
It does not matter when he got his greencard....it matters when you got married. If that was before Dec. 31, then you can file as a married filing jointly. :-)
-P
Please be careful... For an alien spouse living abroad, Married Filing Joint (MFJ) is only available if you elect to do so AND by declaring the alien's worldwide income as US based income..... May not be beneficial dependant on circumstances....
Determining Alien Tax Status
If you are an alien (not a U.S. citizen), you are considered a nonresident alien unless you meet one of two tests. You are a resident alien of the United States for tax purposes if you meet either the green card test or the substantial presence test for the calendar year (January 1-December 31).
http://www.irs.gov/businesses/small/intern...d=96392,00.html
If you were married on Dec 31st 2007 the you need to file as Married filling seperate or Married filling Jointly.... for most people it is better to file as MFJ....
If you are unsure how to do your taxes for this year then there are places like H&R Block that can help you file and get the best refund, if you are due a refund....
To the OP as I do not have all your information available I can not say what would be the best for your Husband Resident Alien or Non-resident Alien.... most people file as resident and have any foreign income excluded...
Hope this helps
Kez
If you are an alien (not a U.S. citizen), you are considered a nonresident alien unless you meet one of two tests. You are a resident alien of the United States for tax purposes if you meet either the green card test or the substantial presence test for the calendar year (January 1-December 31).
http://www.irs.gov/businesses/small/intern...d=96392,00.html
If you were married on Dec 31st 2007 the you need to file as Married filling seperate or Married filling Jointly.... for most people it is better to file as MFJ....
If you are unsure how to do your taxes for this year then there are places like H&R Block that can help you file and get the best refund, if you are due a refund....
To the OP as I do not have all your information available I can not say what would be the best for your Husband Resident Alien or Non-resident Alien.... most people file as resident and have any foreign income excluded...
Hope this helps
Kez
QUOTE(fwaguy @ Jan 23 2008, 11:21 AM)
QUOTE(Paula&Minya @ Jan 23 2008, 11:14 AM)
Residency for the purposes of Immigration is different than residency as required to file taxes. You can file your taxes as married and your husband could be living in Timbuktu.
It does not matter when he got his greencard....it matters when you got married. If that was before Dec. 31, then you can file as a married filing jointly. :-)
-P
It does not matter when he got his greencard....it matters when you got married. If that was before Dec. 31, then you can file as a married filing jointly. :-)
-P
Please be careful... For an alien spouse living abroad, Married Filing Joint (MFJ) is only available if you elect to do so AND by declaring the alien's worldwide income as US based income..... May not be beneficial dependant on circumstances....
Ah, I see, I didn't know that. Thanks for clearing it up.
that question was on my mind too ,
when my husband files the taxes ( I came with K1 now am AOS pending ) can we file married and am I correct my status is none resident alien ?? we got married Dec 1
( sorry to hitchike your treat )
when my husband files the taxes ( I came with K1 now am AOS pending ) can we file married and am I correct my status is none resident alien ?? we got married Dec 1
( sorry to hitchike your treat )
QUOTE(Lona.C. @ Jan 23 2008, 11:46 AM)
that question was on my mind too ,
when my husband files the taxes ( I came with K1 now am AOS pending ) can we file married and am I correct my status is none resident alien ?? we got married Dec 1
( sorry to hitchike your treat )
when my husband files the taxes ( I came with K1 now am AOS pending ) can we file married and am I correct my status is none resident alien ?? we got married Dec 1
( sorry to hitchike your treat )
If you are married on the last day of the tax year then you are considered married for the entire tax year....
The non resident/resident alien status will depend on the results of the two tests... Since you are pending then you do not pass test #1. Simplifying the substantial presence test it is essentially a number of days in country based calculation... Your results will depend on your circumstances...
QUOTE(Lona.C. @ Jan 23 2008, 12:46 PM)
that question was on my mind too ,
when my husband files the taxes ( I came with K1 now am AOS pending ) can we file married and am I correct my status is none resident alien ?? we got married Dec 1
( sorry to hitchike your treat )
when my husband files the taxes ( I came with K1 now am AOS pending ) can we file married and am I correct my status is none resident alien ?? we got married Dec 1
( sorry to hitchike your treat )
Yes you have to file as married because you were still married on Dec 31st 2007.... you have a choice as to your status for taxes... you can file as a resident or as a non-resident or both... i.e. part of the year you were non-resident and part of the year you were resident...
Most people file as resident for tax and if they have foreign income from before they moved here they can claim a foreign tax credit for 2007...
Kez
Publication 519:
------------
Nonresident Spouse Treated as a Resident
If, at the end of your tax year, you are married and one spouse is a U.S. citizen or a resident alien and the other spouse is a nonresident alien, you can choose to treat the nonresident spouse as a U.S. resident. This includes situations in which one spouse is a nonresident alien at the beginning of the tax year, but a resident alien at the end of the year, and the other spouse is a nonresident alien at the end of the year.
If you make this choice, you and your spouse are treated for income tax purposes as residents for your entire tax year. Neither you nor your spouse can claim under any tax treaty not to be a U.S. resident. You are both taxed on worldwide income. You must file a joint income tax return for the year you make the choice, but you and your spouse can file joint or separate returns in later years.
---------
------------
Nonresident Spouse Treated as a Resident
If, at the end of your tax year, you are married and one spouse is a U.S. citizen or a resident alien and the other spouse is a nonresident alien, you can choose to treat the nonresident spouse as a U.S. resident. This includes situations in which one spouse is a nonresident alien at the beginning of the tax year, but a resident alien at the end of the year, and the other spouse is a nonresident alien at the end of the year.
If you make this choice, you and your spouse are treated for income tax purposes as residents for your entire tax year. Neither you nor your spouse can claim under any tax treaty not to be a U.S. resident. You are both taxed on worldwide income. You must file a joint income tax return for the year you make the choice, but you and your spouse can file joint or separate returns in later years.
---------
So, okay, its basically decided that he's going to be claimed as a resident then since we're not saying he's dual status on the tax return, it would be just a normal 1040?
I think since we're not claiming his income from before he moved over (and marriage) we won't be dealing with any tax credits. This actually could be kind of simple.
My sister in law actually is an accountant, she just doesn't work in taxes. She had asked her boss and her recommendation was to read the publication 519, which I tried to do. I just figured if tons of people had been through it before, it would be much easier to ask lol Thank you everyone sooooo very much.
I think since we're not claiming his income from before he moved over (and marriage) we won't be dealing with any tax credits. This actually could be kind of simple.
My sister in law actually is an accountant, she just doesn't work in taxes. She had asked her boss and her recommendation was to read the publication 519, which I tried to do. I just figured if tons of people had been through it before, it would be much easier to ask lol Thank you everyone sooooo very much.
Yay this thread is just in time, we were trying to figure out taxes yesterday
What I don't understand yet, is the "worldwide income" part.
Our case:
I (alien ->
*) worked in Argentina from the beginning of 2007 until october 2007. Got taxed in Argentina for this income (definetly made way less than U$S 80,000! 
). Quit my job, came to the US. Did not work for the rest of 2007, no other source of income but hubby's salary.
If we choose the option married filing jointly, for my part, what do I do, declare my earnings in Argentina? declare no earning? if yes, what proof of income will I need?
I read about sending a letter that you choose to be treated as a resident for the year 2007, is that necessary in our case? I already have my SSN.
Thanks!
Saludos,
Caro
*Sorry for the easy joke, I'm feeling goofy
What I don't understand yet, is the "worldwide income" part.
Our case:
I (alien ->
*) worked in Argentina from the beginning of 2007 until october 2007. Got taxed in Argentina for this income (definetly made way less than U$S 80,000! ). Quit my job, came to the US. Did not work for the rest of 2007, no other source of income but hubby's salary. If we choose the option married filing jointly, for my part, what do I do, declare my earnings in Argentina? declare no earning? if yes, what proof of income will I need?
I read about sending a letter that you choose to be treated as a resident for the year 2007, is that necessary in our case? I already have my SSN.
Thanks!
Saludos,
Caro
*Sorry for the easy joke, I'm feeling goofy
QUOTE(JVKn @ Jan 24 2008, 08:13 PM)
Yay this thread is just in time, we were trying to figure out taxes yesterday
What I don't understand yet, is the "worldwide income" part.
Our case:
I (alien -> *) worked in Argentina from the beginning of 2007 until october 2007. Got taxed in Argentina for this income (definetly made way less than U$S 80,000! ). Quit my job, came to the US. Did not work for the rest of 2007, no other source of income but hubby's salary.
If we choose the option married filing jointly, for my part, what do I do, declare my earnings in Argentina? declare no earning? if yes, what proof of income will I need?
I read about sending a letter that you choose to be treated as a resident for the year 2007, is that necessary in our case? I already have my SSN.
Thanks!
Saludos,
Caro
*Sorry for the easy joke, I'm feeling goofy
What I don't understand yet, is the "worldwide income" part.
Our case:
I (alien ->
*) worked in Argentina from the beginning of 2007 until october 2007. Got taxed in Argentina for this income (definetly made way less than U$S 80,000! ). Quit my job, came to the US. Did not work for the rest of 2007, no other source of income but hubby's salary. If we choose the option married filing jointly, for my part, what do I do, declare my earnings in Argentina? declare no earning? if yes, what proof of income will I need?
I read about sending a letter that you choose to be treated as a resident for the year 2007, is that necessary in our case? I already have my SSN.
Thanks!
Saludos,
Caro
*Sorry for the easy joke, I'm feeling goofy
The first thing you need to do is determine your tax status.... Resident or non-resident alien.... once that is determined then it is easier to answer the balance of the questions.... just from yout timeline information it would appear the answer is non-resident alien but...YMMV
This was discussed a few days ago. Someone linked to a post from two years ago.
http://www.visajourney.com/forums/index.php?showtopic=109
I thought it explained the options very well.
John
http://www.visajourney.com/forums/index.php?showtopic=109
I thought it explained the options very well.
John
It isnt that complicated, 2006 return I filled joint and claimed my wife as a dependant with no problems. I applied for an ITIN number because she was still in her home country. She worked but we did not claim her income at all. We got a big refund and no problems!
QUOTE(fwaguy @ Jan 25 2008, 11:57 AM)
The first thing you need to do is determine your tax status.... Resident or non-resident alien.... once that is determined then it is easier to answer the balance of the questions.... just from yout timeline information it would appear the answer is non-resident alien but...YMMV
That's right, non-resident alien
So we know we can make the choice to be treated as a resident and so on, but before we can make that decision, I'd like some clarification on this "taxed for worldwide income", see if it is something that we want and can do
Saludos,
Caro
Taxed for WorldWide income means that you will have to declare any money earned in any country of the world.... if you paid taxes on it in a country outside the US and the US has a tax treaty with that country you can claim a Foreign Tax Credit, so you dont get taxed twice.... If you did earn income in another country you can claim Foreign Income Exclusion up to $87,500 (see IRS Publication 54)
Do I have to meet the 330-day presence test or have a valid working resident visa to meet the requirement for foreign income exclusion?
To claim the foreign earned income exclusion, the foreign housing exclusion, or the foreign housing deduction, you must have foreign earned income, your tax home must be in a foreign country, and you must be one of the following:
A U.S. citizen who is a bona fide resident of a foreign country or countries for an uninterrupted period that includes an entire tax year,
A U.S. resident alien who is a citizen or national of a country with which the United States has an income tax treaty with a nondiscrimination article in effect and who is a bona fide resident of a foreign country or countries for an uninterrupted period that includes an entire tax year, or
A U.S. citizen or a U.S. resident alien who is physically present in a foreign country or countries for at least 330 full days during any period of 12 consecutive months.
http://www.irs.gov/publications/p54/index.html
There is also a very good section to help you decide if you want to be resident or non-resident....
Nonresident Alien Spouse Treated as a Resident
If, at the end of your tax year, you are married and one spouse is a U.S. citizen or a resident alien and the other is a nonresident alien, you can choose to treat the nonresident as a U.S. resident. This includes situations in which one of you is a nonresident alien at the beginning of the tax year and a resident alien at the end of the year and the other is a nonresident alien at the end of the year.
If you make this choice, the following two rules apply.
You and your spouse are treated, for income tax purposes, as residents for all tax years that the choice is in effect.
You must file a joint income tax return for the year you make the choice.
This means that neither of you can claim tax treaty benefits as a resident of a foreign country for a tax year for which the choice is in effect.
You can file joint or separate returns in years after the year in which you make the choice.
http://www.irs.gov/publications/p54/ch01.html#d0e1278
Hope this helps
Kez
Do I have to meet the 330-day presence test or have a valid working resident visa to meet the requirement for foreign income exclusion?
To claim the foreign earned income exclusion, the foreign housing exclusion, or the foreign housing deduction, you must have foreign earned income, your tax home must be in a foreign country, and you must be one of the following:
A U.S. citizen who is a bona fide resident of a foreign country or countries for an uninterrupted period that includes an entire tax year,
A U.S. resident alien who is a citizen or national of a country with which the United States has an income tax treaty with a nondiscrimination article in effect and who is a bona fide resident of a foreign country or countries for an uninterrupted period that includes an entire tax year, or
A U.S. citizen or a U.S. resident alien who is physically present in a foreign country or countries for at least 330 full days during any period of 12 consecutive months.
http://www.irs.gov/publications/p54/index.html
There is also a very good section to help you decide if you want to be resident or non-resident....
Nonresident Alien Spouse Treated as a Resident
If, at the end of your tax year, you are married and one spouse is a U.S. citizen or a resident alien and the other is a nonresident alien, you can choose to treat the nonresident as a U.S. resident. This includes situations in which one of you is a nonresident alien at the beginning of the tax year and a resident alien at the end of the year and the other is a nonresident alien at the end of the year.
If you make this choice, the following two rules apply.
You and your spouse are treated, for income tax purposes, as residents for all tax years that the choice is in effect.
You must file a joint income tax return for the year you make the choice.
This means that neither of you can claim tax treaty benefits as a resident of a foreign country for a tax year for which the choice is in effect.
You can file joint or separate returns in years after the year in which you make the choice.
http://www.irs.gov/publications/p54/ch01.html#d0e1278
Hope this helps
Kez
QUOTE(Kezzie @ Jan 25 2008, 11:35 AM)
Taxed for WorldWide income means that you will have to declare any money earned in any country of the world.... if you paid taxes on it in a country outside the US and the US has a tax treaty with that country you can claim a Foreign Tax Credit, so you dont get taxed twice.... If you did earn income in another country you can claim Foreign Income Exclusion up to $87,500 (see IRS Publication 54)
Do I have to meet the 330-day presence test or have a valid working resident visa to meet the requirement for foreign income exclusion?
To claim the foreign earned income exclusion, the foreign housing exclusion, or the foreign housing deduction, you must have foreign earned income, your tax home must be in a foreign country, and you must be one of the following:
A U.S. citizen who is a bona fide resident of a foreign country or countries for an uninterrupted period that includes an entire tax year,
A U.S. resident alien who is a citizen or national of a country with which the United States has an income tax treaty with a nondiscrimination article in effect and who is a bona fide resident of a foreign country or countries for an uninterrupted period that includes an entire tax year, or
A U.S. citizen or a U.S. resident alien who is physically present in a foreign country or countries for at least 330 full days during any period of 12 consecutive months.
http://www.irs.gov/publications/p54/index.html
Forget about any money he made while living in another country, just start with what he made here and file a joint return. The IRS is bad but not like USCIS. The IRS is only going to care about what he made while working here.
There is also a very good section to help you decide if you want to be resident or non-resident....
Nonresident Alien Spouse Treated as a Resident
If, at the end of your tax year, you are married and one spouse is a U.S. citizen or a resident alien and the other is a nonresident alien, you can choose to treat the nonresident as a U.S. resident. This includes situations in which one of you is a nonresident alien at the beginning of the tax year and a resident alien at the end of the year and the other is a nonresident alien at the end of the year.
If you make this choice, the following two rules apply.
You and your spouse are treated, for income tax purposes, as residents for all tax years that the choice is in effect.
You must file a joint income tax return for the year you make the choice.
This means that neither of you can claim tax treaty benefits as a resident of a foreign country for a tax year for which the choice is in effect.
You can file joint or separate returns in years after the year in which you make the choice.
http://www.irs.gov/publications/p54/ch01.html#d0e1278
Hope this helps
Kez
Do I have to meet the 330-day presence test or have a valid working resident visa to meet the requirement for foreign income exclusion?
To claim the foreign earned income exclusion, the foreign housing exclusion, or the foreign housing deduction, you must have foreign earned income, your tax home must be in a foreign country, and you must be one of the following:
A U.S. citizen who is a bona fide resident of a foreign country or countries for an uninterrupted period that includes an entire tax year,
A U.S. resident alien who is a citizen or national of a country with which the United States has an income tax treaty with a nondiscrimination article in effect and who is a bona fide resident of a foreign country or countries for an uninterrupted period that includes an entire tax year, or
A U.S. citizen or a U.S. resident alien who is physically present in a foreign country or countries for at least 330 full days during any period of 12 consecutive months.
http://www.irs.gov/publications/p54/index.html
Forget about any money he made while living in another country, just start with what he made here and file a joint return. The IRS is bad but not like USCIS. The IRS is only going to care about what he made while working here.
There is also a very good section to help you decide if you want to be resident or non-resident....
Nonresident Alien Spouse Treated as a Resident
If, at the end of your tax year, you are married and one spouse is a U.S. citizen or a resident alien and the other is a nonresident alien, you can choose to treat the nonresident as a U.S. resident. This includes situations in which one of you is a nonresident alien at the beginning of the tax year and a resident alien at the end of the year and the other is a nonresident alien at the end of the year.
If you make this choice, the following two rules apply.
You and your spouse are treated, for income tax purposes, as residents for all tax years that the choice is in effect.
You must file a joint income tax return for the year you make the choice.
This means that neither of you can claim tax treaty benefits as a resident of a foreign country for a tax year for which the choice is in effect.
You can file joint or separate returns in years after the year in which you make the choice.
http://www.irs.gov/publications/p54/ch01.html#d0e1278
Hope this helps
Kez
QUOTE(Gaby&Talbert @ Jan 25 2008, 11:57 AM)
QUOTE(Kezzie @ Jan 25 2008, 11:35 AM)
Taxed for WorldWide income means that you will have to declare any money earned in any country of the world.... if you paid taxes on it in a country outside the US and the US has a tax treaty with that country you can claim a Foreign Tax Credit, so you dont get taxed twice.... If you did earn income in another country you can claim Foreign Income Exclusion up to $87,500 (see IRS Publication 54)
Do I have to meet the 330-day presence test or have a valid working resident visa to meet the requirement for foreign income exclusion?
To claim the foreign earned income exclusion, the foreign housing exclusion, or the foreign housing deduction, you must have foreign earned income, your tax home must be in a foreign country, and you must be one of the following:
A U.S. citizen who is a bona fide resident of a foreign country or countries for an uninterrupted period that includes an entire tax year,
A U.S. resident alien who is a citizen or national of a country with which the United States has an income tax treaty with a nondiscrimination article in effect and who is a bona fide resident of a foreign country or countries for an uninterrupted period that includes an entire tax year, or
A U.S. citizen or a U.S. resident alien who is physically present in a foreign country or countries for at least 330 full days during any period of 12 consecutive months.
http://www.irs.gov/publications/p54/index.html
Forget about any money he made while living in another country, just start with what he made here and file a joint return. The IRS is bad but not like USCIS. The IRS is only going to care about what he made while working here.
There is also a very good section to help you decide if you want to be resident or non-resident....
Nonresident Alien Spouse Treated as a Resident
If, at the end of your tax year, you are married and one spouse is a U.S. citizen or a resident alien and the other is a nonresident alien, you can choose to treat the nonresident as a U.S. resident. This includes situations in which one of you is a nonresident alien at the beginning of the tax year and a resident alien at the end of the year and the other is a nonresident alien at the end of the year.
If you make this choice, the following two rules apply.
You and your spouse are treated, for income tax purposes, as residents for all tax years that the choice is in effect.
You must file a joint income tax return for the year you make the choice.
This means that neither of you can claim tax treaty benefits as a resident of a foreign country for a tax year for which the choice is in effect.
You can file joint or separate returns in years after the year in which you make the choice.
http://www.irs.gov/publications/p54/ch01.html#d0e1278
Hope this helps
Kez
Do I have to meet the 330-day presence test or have a valid working resident visa to meet the requirement for foreign income exclusion?
To claim the foreign earned income exclusion, the foreign housing exclusion, or the foreign housing deduction, you must have foreign earned income, your tax home must be in a foreign country, and you must be one of the following:
A U.S. citizen who is a bona fide resident of a foreign country or countries for an uninterrupted period that includes an entire tax year,
A U.S. resident alien who is a citizen or national of a country with which the United States has an income tax treaty with a nondiscrimination article in effect and who is a bona fide resident of a foreign country or countries for an uninterrupted period that includes an entire tax year, or
A U.S. citizen or a U.S. resident alien who is physically present in a foreign country or countries for at least 330 full days during any period of 12 consecutive months.
http://www.irs.gov/publications/p54/index.html
Forget about any money he made while living in another country, just start with what he made here and file a joint return. The IRS is bad but not like USCIS. The IRS is only going to care about what he made while working here.
There is also a very good section to help you decide if you want to be resident or non-resident....
Nonresident Alien Spouse Treated as a Resident
If, at the end of your tax year, you are married and one spouse is a U.S. citizen or a resident alien and the other is a nonresident alien, you can choose to treat the nonresident as a U.S. resident. This includes situations in which one of you is a nonresident alien at the beginning of the tax year and a resident alien at the end of the year and the other is a nonresident alien at the end of the year.
If you make this choice, the following two rules apply.
You and your spouse are treated, for income tax purposes, as residents for all tax years that the choice is in effect.
You must file a joint income tax return for the year you make the choice.
This means that neither of you can claim tax treaty benefits as a resident of a foreign country for a tax year for which the choice is in effect.
You can file joint or separate returns in years after the year in which you make the choice.
http://www.irs.gov/publications/p54/ch01.html#d0e1278
Hope this helps
Kez
Thanks, Kez! We need all the help we can get.
I'm a bit confused myself.
Never mind, I can't type. LOL
Well, I've done my taxes. We are getting a pretty nice refund, I had my sister in law look at it. She said if Dave had been a resident the whole year, that the whole tax return looks fine. She's just afraid that in time, this could cause me to be audited. She is the type to worry about everything though. I know it could happen to anyone, but just claiming him like a regular resident.. that's not such a bad thing, is it??
Turbo Tax is pissing me off. I don't want to fill out the 2555, you stupid piece of crap. It is of no advantage for me to do so. Just get over it and let me add my husband's pittance in without automatically filling out the 2555.
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