Jump to content

5 posts in this topic

Recommended Posts

Filed: AOS (pnd) Country: India
Timeline
Posted

Here's the deal: I worked in India for six months in 2008, moved to the US in October '08, and got married in October '08. My wife and I are planning to file a joint return. Here are my questions, worded for your convenience in a Yes / No answer format :yes: :

1. Since we are filing jointly, I will be considered as a full-year resident for 2008, right?

2. If answer to Q1 is yes, will this mean that my Indian income will be taxed too?

3. I was in the US from June '07 to Jan '08 and again from Oct '08 onwards. I don't think I qualify for the foreign earned income exclusion (Form 2555) because of the physical presence test. Am I right?

4. If answer to Q3 is yes, I think that my best option is to get credit for the taxes that I paid in India using form 1116. Is this the best option for me?

5. On the form 1040 (NOT 1040A or 1040-EZ), where do I enter my foreign wages? I am considering Line 21 which states: "Other Income (type and amount)". I don't think I should enter it on line 7 which is for wages, because it needs a supporting W-2. I obviously don't have a W-2 for the wages that I earned in India.

The most important question for me is number 5. Please feel free to skip some of the questions if you don't get them. Thanks in advance for your help!

2008

10 Oct - Arrived in the US on K-1 visa

12 Oct - Legally married! We'll have the ceremony and the reception in Spring '09.

18 Oct - Visited civil surgeon for vaccination records

29 Oct - Mailed I-485 packet to USCIS Chicago lockbox

31 Oct - Packet received by USCIS [Day 1]

06 Nov - NOAs for I-485, I-765 and I-131

14 Nov - Biometrics appointment notice date

19 Nov - I-485 application transferred to CSC

04 Dec - Biometrics appointment [Day 35]

05 Dec - I-485 and I-765 touched [probably attached biometrics info to my records]

2009

05 Jan - EAD card production ordered and AP approval notice sent! Received e-mails from CRIS. [Day 67]

12 Jan - Received EAD card and AP documents. [Day 74]

13 Mar - Received RFE from CSC for I-865 and "missing" medical forms

31 Mar - Response to RFE sent to CSC

23 Apr - I-485 approved! Received e-mail from CRIS. [Day 175]

25 Apr - Received green card, which is not green at all! Done with USCIS for 21 months! [Day 177]

2011

01 Feb - Apply to remove conditions on the temporary permanent resident card.

Posted

I recently had similar questions but I found that the answers on these questions are different for each person.. what I did instead was calling the IRS (see the irs website: irs.gov) and they just went through a complete checklist with me and could tell me exactly what I had to do.. I advice you to do the same as that will give you the best answers possible :)

N400 Timeline:

12/14/11 - Sending out N400 package

12/19/11 - Received by USCIS

12/21/11 - NOA date

12/22/11 - Check cashed

12/27/11 - Received NOA

02/06/12 - Received yellow letter (pre-interview case file review)

03/13/12 - Placed in line for interview scheduling (3 yr anniversary)

03/17/12 - Received interview letter

04/17/12 - Interview - No decision, application under further review

04/17/12 - Biometrics

04/25/12 - Placed in line for oath scheduling (so I'm approved yay!)

04/27/12 - Received oath ceremony date

05/09/12 - Oath ceremony!!

Filed: AOS (apr) Country: Philippines
Timeline
Posted
calling the IRS is your best bet, you don't want to file the wrong form on your first year.

actually calling the IRS is not always a guaranty of a right answer... the (mis)information line gives out as much or more wrong information than the USCIS line does

YMMV

Filed: Other Country: Thailand
Timeline
Posted
calling the IRS is your best bet, you don't want to file the wrong form on your first year.

actually calling the IRS is not always a guaranty of a right answer... the (mis)information line gives out as much or more wrong information than the USCIS line does

Anyway, just make sure you have a prove of your income/taxes paid in India, as these kind of credits get questioned all the time.

I know some people just omit all their foreign income issue if it is not material and just file with the spouse a 1040 or 1040EZ to avoid the hassle.

I WILL SAY IT LIKE IT IS, DO NOT TAKE MY COMMENTS PERSONALLY

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
“;}
×
×
  • Create New...