Green card holder file Form 2555 ?

[davidid 0]

Can a green card holder file Form 2555 (Foreign earned income exclusion) and either use Bona fide resident test for the exclusion (which shows that your intention to stay in the foreign country for indefinite stay and not a temporary stay) or Physical Presence test (which requires you to stay at least 330 days in the foreign country) ?

Will that jeopardize the green card ?

Thank you.

[Nich-Nick 3,354]

Can a green card holder file Form 2555 (Foreign earned income exclusion) and either use Bona fide resident test for the exclusion (which shows that your intention to stay in the foreign country for indefinite stay and not a temporary stay) or Physical Presence test (which requires you to stay at least 330 days in the foreign country) ?

Will that jeopardize the green card ?

Thank you.

I'm not sure what in what context you are asking this question. An example of using Form 2555 for you--

My husband and I filed a joint US tax return the year we were married, even though he did not even have his GC yet. Following IRS Publication 519, we "elected" for him to be treated as a resident alien for tax purposes for the entire tax year. By choosing that route, worldwide income must be reported, meaning my US and his UK income for the whole year. Then we excluded his UK income by using the Form 2555. He met the physical presence test because he had lived in the UK from birth to when he entered the US--a lot more than the 300+ days required of the physical presence test. He was also a bonafided resident of the UK and met that test too.

Does that answer your question? You explanations of the tests has me confused. It sounds like you are talking about the US as the foreign country, which on a US tax return is not a foreign country.

[davidid 0]

Thank you for your reply.

I am asking for a friend who has a green card, but is still working in the foreign country. She has a Re-Entry Permit.

If she uses Form 2555 with Bona fide resident test for the exclusion in her tax return, does it show that she intends to stay in the foreign country for indefinite stay and not a temporary stay, thus will it jeopardize her green card ?

Also if uses Form 2555 with Physical presence test, which shows that she spends most of her time outside the US, will it jeopardize her green card ?