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Filing Taxes with K1 Spouse for 2016

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Needed some tax advice. I got married to my wife last year and she came here on a K1 visa. We have applied for her AoS in November of 2016.  Ive done some reading but it is still quite confusing as to the best way to file taxes for 2016. Do I need an ITIN for her ?

 

Right now, here is where we are :-

1) I am a US Citizen, working

2) She was not working at all last year abroad, so income is 0

3) She has a Social Security # but no EAD

 

Would MFJ work best or is still a better idea to file MFS.

 

Thanks

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1 hour ago, aaron2020 said:

Wife has a SSN, so she does not qualify for or need an ITIN.

 

MFJ would be best since her income is 0.

Even if they did have income there are one time foreign income exclusions that they might be able to claim. 

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Use the MFJ filing status and don't forget to include the election statement to treat your Nonresident spouse as a Resident for tax purposes. You will need to paper file the 2016 tax return because of the election statement attachment. After that all future tax returns can be e-Filed.

 

Maria

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Hi i am also in a similar situation except my fiance has worked while in India. He has a company and earned some income but not much in 2016. How do we report the foreign income earned in India? He stated that he does not have any company generated statements since its his own business. 

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30 minutes ago, Poubon said:

Hi i am also in a similar situation except my fiance has worked while in India. He has a company and earned some income but not much in 2016. How do we report the foreign income earned in India? He stated that he does not have any company generated statements since its his own business. 

Hi,

Self employed earned income, foreign and domestic, is reported on Schedule C. If he qualifies, you can use Form 2555 to figure the foreign earned income exclusion (FEIE).

Maria

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They probably both qualify.  Best exclusion choice for newly arrived spouse is usually physical presence (assuming the spouse didn't visit the US for any length of time in the year prior to K1 entry)

 

It adds 34 days or so to the percent of time allowed for the exclusion.  Instructions are very clear.  Info below.

 

If there is not a 330 out of 365 day window - see a tax expert about filing as bonafide foreign resident (they also clearly qualify for this but the proof is tricky) and what it required for proof. 

 

https://www.irs.gov/individuals/international-taxpayers/foreign-earned-income-exclusion-physical-presence-test

 

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