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Cheyenne5044

Married filing jointly when spouse abroad? (split)

By Cheyenne5044 in Tax & Finances During US Immigration

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Cheyenne5044 Contributor

Cheyenne5044   6

Posted
Filed: IR-1/CR-1 Visa (DCF) Country: Peru
 Timeline
Posted

My Peruvian husband is a NRA but here in Peru there doesn't exist a thing such as W2s or tax information. They don't even get a paycheck stub when they are paid.

This is my first year filing married (Married July of 2015)

If I file Married, filing together, I have no idea how to figure a number to report his "worldly income."

What should I do? Or what CAN I do?

Thanks

Cheyenne

02/23/2016: I-130 Submission DCF Lima, Peru

03/16/2016: NOA2 APPROVAL

06/28/2016: Interview at Embassy: APPROVED!!!

August 2016: Will enter the USA!



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MariaR323 Proficient

MariaR323   199

Posted
Filed: K-1 Visa Country: Mexico
 Timeline
Posted

My Peruvian husband is a NRA but here in Peru there doesn't exist a thing such as W2s or tax information. They don't even get a paycheck stub when they are paid.

This is my first year filing married (Married July of 2015)

If I file Married, filing together, I have no idea how to figure a number to report his "worldly income."

What should I do? Or what CAN I do?

Thanks

Cheyenne

I would suggest to use your best judgement in estimating the total income for 2015. You can calculate it in whatever currency is used in Peru and then convert it to U.S. dollars when you report it on the tax return.

Maria ~ U.S. Citizen

 

K-1 & K-2 Process (Completed in 4 mos. 8 days)

 

1/19/16: I-129F Package recv'd by USCIS via FedEx overnight

4/1/16: NOA2 Approval :dancing:

5/17/16: Interview :star: - APPROVED :dance:

5/25/16 : Visas in hand! :thumbs: 

8/5/16: Wedding (L)

AOS/EAD/AP Process, K-1 & K-2 (Completed in 4 mos. 15 days)

 

9/21/16: Package recv'd by USCIS via FedEx overnight [Day 1]

10/24/16: AOS Cases (I-864) RFIE recv'd hardcopy [Day 29]

12/23/16: AOS Case Status Updates - Interview Scheduled, text recv'd [Day 94] :dancing:

1/17/17: EAD/AP Combo Card recv'd via USPS Priority Mail [Day 119]

1/27/17: AOS Interview :star: - APPROVED!! :dance:  [Day 129 / 120 w/ 9day RFIE delay]

1/27/17: AOS Case status update - Approved | 1/31/17: New Card in Production | 2/1/17: Card Was Mailed

2/4/17: Green Cards Arrived :thumbs:

ROC Process, Spouse & 2 Step-Sons (Completed in 23 mos. 22 days)

 

1/25/19: Package recv'd by USCIS via FedEx overnight [Day 1]

1/29/19: NOA notice date, text & email recv'd, routed to CSC

2/1/19: NOA 18mo. Extension Letter arrived in the mail, for wife only [Day 7]

3/13/19: Filed SR for non-receipt of NOA for I-751A dependents [Day 48] | 3/21/19: Recv'd NOA for 2 stepsons [Day 56]

4/29/19: Biometrics (Scheduled) Appt Completed [Day 95]

8/28/20: Case Status Update - RFE [Day 582 ~ 19 mos. 4 days] | 11/20/20: Case Status Update - RFE response recv'd [Day 666 ~ 21 mos. 27 days]

1/7/21: Case Status Update - New Card in Production :dance: [Day 714 ~ 23 mos. 14 days] 

1/15/21: Green Cards Arrived :thumbs:[Day 722 ~ 23 mos. 22 days]

All done for now! :)

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jwcir12016 Explorer

jwcir12016   32

Posted
Filed: IR-1/CR-1 Visa Country: Peru
 Timeline
Posted

I filed my taxes married filing separately. The joint filing was too complicated in my opinion because of the lack of documentation. Ultimately it is up to you.

Met in and lived in beneficiary's country 2010-2012

Applied 2012-Approved K1 in 2013 (approx 8 months Noa1-approval)- decided to postpone marriage and live together in beneficiary's country before marriage.

Married 11/30/13 -lived together until filing

Filed for K3-04/06/2015

Noa1 04/06/15

Noa2 08/06/15

NVC case # 09/18/2015-case became CR1 (it's true what they say K3 is obsolete-don't even attempt it)

Paid AOS 09/18/2015

Paid 261 09/23/2015

Sent AOS and IV packed 10/07/15

Scan date 10/08/15

DS-260 10/14/2015

11/10/2015 Found out I had a checklist

11/18/2015 Scan date for information they needed after talking to someone over the phone regarding checklist

11/19/2015 FINALLY recieved actual checklist

11/30/2015 Sent one more extra tax transcript to avoid any possible further checklists

12/16/2015 Requested an Expedite

12/29/2015 Expedite approved, case being sent immediately to Embassy/awaiting interview date

12/31/2015- CEAC shows case as IN TRANSIT

1/11/2016- CEAC shows READY

1/14/2016-Received interview date/packet-case became IR1 (married more then 2 years)

Medical Scheduled 1/22/2016

Medical Completed

Interview Scheduled 2/18/2016

VISA APPROVED 2/18/2016

2/19/2016 VISA ISSUED

3/05/2016 ENTERED USA!!!!

3/16/2016-Paid GC fee

4/25/2016-Received GC in mail!!!!

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Frankjavir Rising Star

Frankjavir   55

Posted
Filed: IR-1/CR-1 Visa Country: Colombia
 Timeline
Posted

Dear VJ member experts on tax matters.

I read this portion from Pub 17 2015 an

d my interpretation is you can file MFS, claim the credit for your NRA spouse if these conditions are true:

1. spouse had no gross income.

2. spouse is not filing a return.

3. Spouse is not a dependent of another person.

I did it with Turbo Tax and I get $ 1000,00 extra in my refund. 1040

(Note Turbo Tax does not allow me to type NRA in SSN field but I downloaded a fillable 1040 from IRS that allows me to do that and transfered the figures from Turbo Tax. Still can not file electronically, but I get back extra $ 1000.00.)

2015 PUB 17 Page 22 Chapter 2 Filing status.

How to file. If you file a separate return, you generally report only your own income, exemptions, credits, and deductions. You can claim an exemption for your spouse only if your spouse had no gross income, isn't filing a return, and wasn't the dependent of another person. You can file Form 1040. If your taxable income is less than $100,000, you may be able to file Form 1040A. Select this filing status by checking the box on line 3 of either form. Enter your spouse's full name and SSN or ITIN in the spaces provided. If your spouse doesn't have and isn't required to have an SSN or ITIN, enter “NRA” in the space for your spouse's SSN. Use the Married filing separately column of the Tax Table or Section C of the Tax Computation Worksheet to figure your tax.

======================================================================

Is my interpretation correct?

CR-1 VISA

STAGE 1: USCIS

CALIFORNIA SERVICE CENTER US EMBASSY BOGOTA

09-08-2015 Express mailed my I-130 package to Chicago Lock-box.

09-11-2015 Received NOA1 via email with a PD of 09-09-2015

09-19-2015 Received I-797C via snail mail. (NOA1)

10-21-2015 My wife came to visit me on a B1/B2. No problems at POE Miami :P

11-04-2015 Received NOA2 via email. (56 days after NOA1)

11-08-2015 My wife ends visit and returns to Colombia to wait for interview :(

11-09-2015 Received I-797 via snail mail. (NOA2)

STAGE 2: NVC

11-16-2015 NVC received our case,(12 days after NOA2).

12-07-2015 Emailed inquiry to NVC to inform them my email. http://travel.state.gov/content/visas/en/contact.html

12-08-2015 NVC assigned case and invoice ID number,(34 days after NOA2) Case was assigned after 13:00 PM. I called at 12:30 then at 19:00 PM

12-08-2015 Completed Choice of Agent DS-261

12-09-2015 Received 2 emails with Welcome Letters for my wife and I, they were sent by ASKnvc@state.gov

12-09-2015 AOS bill became available and I paid it. (IN PROCESS)

12-12-2015 Mailed AOS and IV packages.

12-14-2015 Received via email IV bill from ASKnvc@state.gov and paid the IV fee.

12-14-2015 AOS fee updated to PAID

12-15-2015 USPS tracking shows AOS/IV packages were delivered to NVC. Waiting for a SCAN date.

12-16-2015 IV fee updated to PAID and completed DS-260

12-19-2015 Scan Date (45 days after NOA2). I called on 01-13-16 and I was told my scan date is 12-15-15????

01-26-2016 Case complete. (83 days after NOA2)

01-29-2016 Called NVC, I was informed my CO Interview will be on 03-01-2016 at 08:00.

02-02-2016 Received Interview Letter (P4) via email.

02-09-2016 Package picked-up by DHL at 15:29 Waybill 5992952011. CEAC status "IN TRANSIT"

STAGE 3: US Embassy Bogota

02-11-2016 US Embassy Bogota received my package at 10:39.

02-12-2016 CEAC Visa Status changed from "IN TRANSIT" to "READY"

02-24-2016 Lab exams at the clinic and Bio-metrics at the CAS center.

02-25-2016 Medical Exams.

03-01-2016 Interview Date (175 days after I mailed I-130) VISA APPROVED. CEAC status changed to AP

03-02-2016 Paid Immigrant Visa Fee via ELIS account. CEAC status changed to ISSUED

03-03-2016 US Embassy Bogota sends Passport and Visa package via DHL Waybill 2900131780 to Cali.

03-04-2016 My wife picked up at DHL sealed approved IV package and her passport with a stamped I-551 IV Category CR1.

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