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Filed: K-1 Visa Country: Canada
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I moved from Canada to the US on Oct. 28th, 2012. I am filing in Canada, and I will claim my tuition and that pretty much guarantees I will get a refund.

Do I have to file income tax for tax year 2012 in the US?

If I have to, do I have to claim my foreign income since I have only been in the US for 65 days? Again, if so, how do (or can) I get my foreign income (only $16,000) exempt?

I miss the simplicity of living in Canada and knowing what I would have to do already!! I have an answer already that I will post. This is a duplicate thread as somebody suggested that you guys might have more information.

Your spouse will have to file US taxes. Their options will be "married filing separately" or "married filing jointly". It will most likely be to your benefit to file MFJ. To do this, you will need to make a declaration stating you wish to be treated as a resident of the USA for tax purposes (a letter signed by both of you). You will have to include your foreign income, however at $16K, it will be excluded from tax using form 2555 (foreign income exclusion).

http://www.irs.gov/I...ncome-Exclusion

I recommend calculating your USA taxes both ways (MFS and MFJ) and filing whichever is to your advantage. I would also recommend posting your question on the Canada subforum as there may me specific tax laws regarding Canadians in the USA that do not apply to other foreigners.

 
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