Taxes for Married couples- USC with non-green card holder

[y3ll0w 0]

Hey everyone,

I've been reading up on taxes a lot. My husband entered here on a K1 visa in November and we were married before Dec. 31, 2013. For taxes this year, we'd like to do married filing jointly. I read that you he, as a non-resident alien, could be considered a resident alien for tax purposes ONLY and that to do so, we'd have to attach a letter with our tax returns explaining various things about him to get him to qualify.

1- Has anyone ever done this? If so, what'd you do? Did you have any problems with the IRS later?
2- We fully intend to report the earnings he made abroad, but we have no W2s, 1099s, or receipts. What does one do in a case like that? Would a letter from his employer abroad be enough?

Any advice you'd give would be great.

Oh, and he has a social security number that I believe we'd be using for our taxes. We have applied for his green card but are still waiting.

Here's where I got my info in case others are in the same spot:

http://www.irs.gov/Individuals/International-Taxpayers/U.S.-Citizens-and-Resident-Aliens-Abroad---Nonresident-Alien-Spouse

Thanks

[mtcmk1 37]

Why not wait and file together next year?

We chose not to do it his year because of all the issues that may arise in the future with "treating the non-resident spouse as a US Resident." At this point filing taxes jointly is not required for immigration purposes; you'll have two years to do it before ROC... Just my opinion...

http://www.irs.gov/Individuals/International-Taxpayers/Nonresident-Alien---Figuring-Your-Tax

Edited January 12, 2014 by mtcmk1

[mtcmk1 37]

Found these threads on VJ, maybe they'll help...

http://www.visajourney.com/search/index.php?cx=007424365766759747816%3Auy9flr-th5y&cof=FORID%3A10&q=taxes+with+non-resident+spouse&sa=Search&siteurl=www.visajourney.com%2F&ref=www.visajourney.com%2Fforums%2Ftopic%2F474712-taxes-for-married-couples-usc-with-non-green-card-holder%2F%3Fp%3D6748765&ss=14862j7740630j44

[Nich-Nick 3,353]

Hey everyone,

I've been reading up on taxes a lot. My husband entered here on a K1 visa in November and we were married before Dec. 31, 2013. For taxes this year, we'd like to do married filing jointly. I read that you he, as a non-resident alien, could be considered a resident alien for tax purposes ONLY and that to do so, we'd have to attach a letter with our tax returns explaining various things about him to get him to qualify.

1- Has anyone ever done this? If so, what'd you do? Did you have any problems with the IRS later?

2- We fully intend to report the earnings he made abroad, but we have no W2s, 1099s, or receipts. What does one do in a case like that? Would a letter from his employer abroad be enough?

Any advice you'd give would be great.

Oh, and he has a social security number that I believe we'd be using for our taxes. We have applied for his green card but are still waiting.

Here's where I got my info in case others are in the same spot:

http://www.irs.gov/Individuals/International-Taxpayers/U.S.-Citizens-and-Resident-Aliens-Abroad---Nonresident-Alien-Spouse

Thanks

It works fine. It is legal. I did it. Others have done it. We have threads on it every year. Publication 519 is the source of info if you are good at reading IRS language.

A few things---

The new spouse needs a SSN for easiest filing and since a K1 can get one, that shouldn't be a problem.

Form 2555 or 2555EZ is for taking the foreign income exclusion.

H&R Block and such employees are often clueless about this specialty case and just do a return like any married couple. No, the foreign income is reported, then the exclusion taken.

Your question about W2s...Foreign income is self-reported in US$ equivalent. No paper proof is submitted. Not required. Keep some notes of how you came up with the earnings and the conversion rate, just so you remember later.

The person who said wait until next year--

Your biggest advantage is this year. You basically are paying tax on only one income, but get the advantage of a spouse's additional deductions. Next year the spouse may be working and more income to be taxed on. This year the spouse isn't working (in the US) and the foreign income gets the exclusion. Not filing jointly means the USC has to file Married filing Separately, which you will find is going to cost you more in taxes. If married in 2013, even just the last day of the year, then you no longer can file as single.

[y3ll0w 0]

It works fine. It is legal. I did it. Others have done it. We have threads on it every year. Publication 519 is the source of info if you are good at reading IRS language.

A few things---

The new spouse needs a SSN for easiest filing and since a K1 can get one, that shouldn't be a problem.

Form 2555 or 2555EZ is for taking the foreign income exclusion.

H&R Block and such employees are often clueless about this specialty case and just do a return like any married couple. No, the foreign income is reported, then the exclusion taken.

Your question about W2s...Foreign income is self-reported in US$ equivalent. No paper proof is submitted. Not required. Keep some notes of how you came up with the earnings and the conversion rate, just so you remember later.

The person who said wait until next year--

Your biggest advantage is this year. You basically are paying tax on only one income, but get the advantage of a spouse's additional deductions. Next year the spouse may be working and more income to be taxed on. This year the spouse isn't working (in the US) and the foreign income gets the exclusion. Not filing jointly means the USC has to file Married filing Separately, which you will find is going to cost you more in taxes. If married in 2013, even just the last day of the year, then you no longer can file as single.

I looked at the 2555 and the 2555EZ- it says you can only use that form if you're a US Citizen or a resident alien. I know we want to consider him a resident alien for tax purposes, but he's not a US citizen or resident alien yet, so... do we even have rights to fill out that form?

[Nich-Nick 3,353]

I looked at the 2555 and the 2555EZ- it says you can only use that form if you're a US Citizen or a resident alien. I know we want to consider him a resident alien for tax purposes, but he's not a US citizen or resident alien yet, so... do we even have rights to fill out that form?

You each sign the statement (laid out nicely in Pub 519 for what to include) then VOILA! he is a resident alien for all purposes and forms to the IRS. You may disregard anything further discussing non-resident aliens as far as taxes goes if you make the election. That's what "treated as a resident alien for tax purposes" means. It of course changes nothing with USCIS.

[mtcmk1 37]

I gave my honest opinion based on what I knew was best for us-- I filed married, but seperately--that's what worked for us. Continue to read the threads from my second comment and make a decision. Whatever you do, good luck! :-)

[y3ll0w 0]

You each sign the statement (laid out nicely in Pub 519 for what to include) then VOILA! he is a resident alien for all purposes and forms to the IRS. You may disregard anything further discussing non-resident aliens as far as taxes goes if you make the election. That's what "treated as a resident alien for tax purposes" means. It of course changes nothing with USCIS.

Nich Nick, I filed. I tried sending you a message for some questions I had. It said you don't receive messages. Is there another way I can ask you?

[Nich-Nick 3,353]

I will check and see if I need to delete some messages. Maybe the quota is full.