Jump to content
Sign in to follow this  
Jen*Mart

Bona Fide Residence Test for Tax Filing (F2555)

6 posts in this topic

Recommended Posts

Filed: K-1 Visa Country: Netherlands
Timeline

My husband is a citizen of The Netherlands and I am the USC. He was living with me in the US between 1/1/2005 and 3/5/2005 on a visitor's visa. He returned to Holland and from 3/6/2005 to 9/5/2005, he earned roughly $6,000. During his time in Holland, we were waiting for the I-129F to be approved. He has been living in the US with me since 9/6/2005 and we got married 10/1/2005.

We will file a married joint tax return for my income since he has not yet earned any money inthe US. We want to know if he can qualify for the bona fide residence test which will make him eligible to exclude all of his earnings from Holland on the F2555. We were thinking he does not qualify for this income exclusion simply because on 12/25/2005 he sent a letter to the Dutch government to say that he is no longer a resident of Holland.

Can we exclude his income in our situation? Has anyone else run into this similar situation?

Thank you!!

Jennifer


I-129F

03/05/2005: Mailed I-129F to VSC

03/07/2005: I-129F received by VSC at 2:09pm

03/16/2005: Received NOA1 (dated 3/9/2005)

03/17/2005: Online notification - APPROVED on 3/16/2005!!!!

03/21/2005: Received NOA2 (dated 3/16/2005)

03/26/2005: Received letter from NVC stating that my file has been forwarded to Amsterdam (dated 3/24/2005)

03/30/2005: Martin received Packet 3 in the mail today!

04/02/2005: sent I-134 & original documents Global Priority Mail to Martin in Holland

04/08/2005: Sent Packet 3 back to consulate

04/21/2005: Received Packet 4 - interview 5/19/2005!

05/19/2005: VISA APPROVED!!

05/24/2005: Martin received K-1 Visa in the mail

09/06/2005: Martin arrives in U.S.

10/01/2005: WEDDING DAY!!! Eloped to Chicago

11/29/2005: Mailed AOS, EAD & AP paperwork

banana.gif fruit.gif kiss3.gif

nl-flag.gif

Share this post


Link to post
Share on other sites
Filed: Country: Poland
Timeline

My husband came to the U.S. on 09/26/2005 and we were married 11/22/2005. He also has not earned any money in the U.S. during this time period. I called the IRS and they told me that if we file married filing a joint return, that he has to show his earnings from Poland. They also said that if we file married filing single return that I can claim him as a dependent and I would not have to show his income from Poland. And since he did not earn any income in the U.S...he does not have to file since his income was zero. That is what I did.


September 18, 2004...Met on penpal site

April 07, 2005...Met in Krakow, Poland

April 17, 2005...Engaged (in a castle!!!)

August 16, 2005...INTERVIEW Warsaw Poland!!!!!! APPROVED!

August 18, 2005...Receives Visa by DHL

September 26, 2005...Marian arrives in Miami, Florida..USA

November 22, 2005...Married (in Ohio)!!!!!!!!!!!

March 15, 2006 Filed AOS and EAD

April 11, 2006 Biometrics appointment in Miami

May 18, 2006 EAD touched

May 23, 2006 AOS transferred to California Service Center

May 24, 2006 EAD touched

May 25, 2006 EAD approved online

May 30, 2006 EAD touched

May 31, 2006 EAD received!

June 08, 2006 AOS arrives at CSC

June 13, 2006 AOS touched

June 14, 2006 AOS touched

June 17, 2006 AOS touched

June 29, 2006 Received RFE-medical test and vaccinations

Sept 01, 2006 CSC receives our RFE medical test/vaccination proof

Sept 05, 2006 Welcome Notice sent

Sept 12, 2006 Approval of Case notice sent

Sept 19, 2006 Green card arrives!

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Netherlands
Timeline
They also said that if we file married filing single return that I can claim him as a dependent and I would not have to show his income from Poland. And since he did not earn any income in the U.S...he does not have to file since his income was zero. That is what I did.

Thank you for posting. I thought that when you are married you were not allowed to file single and claim your spouse as a dependent. But if it worked you for, cool.

:)


I-129F

03/05/2005: Mailed I-129F to VSC

03/07/2005: I-129F received by VSC at 2:09pm

03/16/2005: Received NOA1 (dated 3/9/2005)

03/17/2005: Online notification - APPROVED on 3/16/2005!!!!

03/21/2005: Received NOA2 (dated 3/16/2005)

03/26/2005: Received letter from NVC stating that my file has been forwarded to Amsterdam (dated 3/24/2005)

03/30/2005: Martin received Packet 3 in the mail today!

04/02/2005: sent I-134 & original documents Global Priority Mail to Martin in Holland

04/08/2005: Sent Packet 3 back to consulate

04/21/2005: Received Packet 4 - interview 5/19/2005!

05/19/2005: VISA APPROVED!!

05/24/2005: Martin received K-1 Visa in the mail

09/06/2005: Martin arrives in U.S.

10/01/2005: WEDDING DAY!!! Eloped to Chicago

11/29/2005: Mailed AOS, EAD & AP paperwork

banana.gif fruit.gif kiss3.gif

nl-flag.gif

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Colombia
Timeline

That's a nonsensical term "married filing Single"

the correct term is "Married filing Separately. Check out both ways of filing - i.e married filing jointly and married filing separately to see which one is more advantageous then follow that. Good Luck


2005

K1

March 2 Filed I-129 F

July 21 Interview in Bogota ** Approved ** Very Easy!

AOS

Oct 19 Mailed AOS Packet to Chicago

2006

Feb 17 AOS interview in Denver. Biometrics also done today! (Interviewing officer ordered them.)

Apr 25 Green card received

2008

Removal of conditions

March 17 Refiled using new I-751 form

April 16 Biometrics done

July 10 Green card production ordered

2009

Citizenship

Jan 20 filed N400

Feb 04 NOA date

Feb 24 Biometrics

May 5 Interview - Centennial (Denver, Colorado) Passed

June 10 Oath Ceremony - Teikyo Loretto Heights, Denver, Colorado

July 7 Received Passport in 3 weeks

Shredded all immigration papers Have scanned images

Share this post


Link to post
Share on other sites
Filed: Country: Poland
Timeline

oops..I meant married filing separately! Sorry about that!


September 18, 2004...Met on penpal site

April 07, 2005...Met in Krakow, Poland

April 17, 2005...Engaged (in a castle!!!)

August 16, 2005...INTERVIEW Warsaw Poland!!!!!! APPROVED!

August 18, 2005...Receives Visa by DHL

September 26, 2005...Marian arrives in Miami, Florida..USA

November 22, 2005...Married (in Ohio)!!!!!!!!!!!

March 15, 2006 Filed AOS and EAD

April 11, 2006 Biometrics appointment in Miami

May 18, 2006 EAD touched

May 23, 2006 AOS transferred to California Service Center

May 24, 2006 EAD touched

May 25, 2006 EAD approved online

May 30, 2006 EAD touched

May 31, 2006 EAD received!

June 08, 2006 AOS arrives at CSC

June 13, 2006 AOS touched

June 14, 2006 AOS touched

June 17, 2006 AOS touched

June 29, 2006 Received RFE-medical test and vaccinations

Sept 01, 2006 CSC receives our RFE medical test/vaccination proof

Sept 05, 2006 Welcome Notice sent

Sept 12, 2006 Approval of Case notice sent

Sept 19, 2006 Green card arrives!

Share this post


Link to post
Share on other sites
Filed: Timeline

Jennifer,

You should be able to determine easily enough whether or not your husband passes the bonafide residence test, or the physical presence test, by filling out the appropriate sections of Form 2555, or Form 2555-EZ. The physical presence test might be easier to understand, and possibly easier to qualify under.

I expect you'll find that he does qualify.

Yodrak

My husband is a citizen of The Netherlands and I am the USC. He was living with me in the US between 1/1/2005 and 3/5/2005 on a visitor's visa. He returned to Holland and from 3/6/2005 to 9/5/2005, he earned roughly $6,000. During his time in Holland, we were waiting for the I-129F to be approved. He has been living in the US with me since 9/6/2005 and we got married 10/1/2005.

We will file a married joint tax return for my income since he has not yet earned any money inthe US. We want to know if he can qualify for the bona fide residence test which will make him eligible to exclude all of his earnings from Holland on the F2555. We were thinking he does not qualify for this income exclusion simply because on 12/25/2005 he sent a letter to the Dutch government to say that he is no longer a resident of Holland.

Can we exclude his income in our situation? Has anyone else run into this similar situation?

Thank you!!

Jennifer

malutka,

Point of clarification: you did not claim your husband as a dependent, there's no way for you to do that. What you did do is use his exemption, which you can do since he did not use it.

But look at the tax obligation shown for your taxable income in the table for filing Married-Separate and Married-Joint. You should find that you'd owe less tax as Married-Joint. Isn't the savings worth the effort of reporting your husband's income from Poland and then excluding it?

Yodrak

My husband came to the U.S. on 09/26/2005 and we were married 11/22/2005. He also has not earned any money in the U.S. during this time period. I called the IRS and they told me that if we file married filing a joint return, that he has to show his earnings from Poland. They also said that if we file married filing single return that I can claim him as a dependent and I would not have to show his income from Poland. And since he did not earn any income in the U.S...he does not have to file since his income was zero. That is what I did.

Share this post


Link to post
Share on other sites
 
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
Sign in to follow this  
- 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...