taxes and someone with AOS pending

[Seven 24]

Hello everybody!

We are filing taxes jointly with me being with my AOS pending. So we will need help from those who have done it before or know more about it than us.

Ok, we are filing that form 2555 (foreign income exclusion) and there are two types of test the physical presence test and the bona fide test. Which one should we choose?

One last question...what about the state taxes? We have to file for that of me being considered as a resident for the tax year 2010 right? What form is that one?

Thank you so much!

[Seven 24]

Oh! I visited USA from March 23rd to June 19th 2009 and November 4th 2009 to January 5th 2010 (I moved to USA on october 29th 2010 thus I physically spent in Spain 297 days during 2010).We are confused because the physical presence test says:

Physical Presence Test

a

Were you physically present in a foreign country or countries for at least 330 full days during—

{

2010 or any other period of 12 months in a row starting or ending in 2010?

}

.

............

Yes

No

• If you answered “Yes,” you meet this test. Fill in line 2b and then go to line 3.

• If you answered “No,” you do not meet this test. You cannot take the exclusion unless you meet the Bona Fide Residence Test above.

b

The physical presence test is based on the 12-month period from ▶

through ▶

Sooo should I say no?

[Otto 83]

**Duplicate/Parallel Topics Merged (may appear out of sync because of this)

[Seven 24]

And if I have had 5 different employers (due to temporary jobs) does it mean I have to do 5 forms 2555?

Thank youuu!

[Seven 24]

Ok, everything solved for now.

Thank you everybody and specially to Nich-Nick

[kaospouse 5]

Tax day is a week away now and I thought it would good to bump this thread to the front page because there's some very useful information on it. Thank you again, Nich-Nick.