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Filing form 2555 for new Green Card Holder - Foreign job for a few months after first entering on CR-1

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Hi,

I've searched this forum and elsewhere and still don't have a clear answer to my question, so here goes:

Timeline:

My wife entered the US on a CR-1 visa near the end of December 2015, making her a green card holder from that date. She stayed in the US for 2 weeks before returning to the country she had been working in for 5+ years. She continued working abroad until mid-March 2016, then finished moving to the US in late-March 2016.

My question is:

Is she eligible to take the Foreign Earned Income Exclusion (Form 2555) for the income earned between Jan 1 and mid-March?

My initial reading of Form 2555 instructions and IRS Pub 54 leads me to believe yes since she was physically present outside the US for more than 330 days between March 2015 and 2016. I don't seen anything that would disqualify her just because she was a new green card holder, but I'm not sure if I'm missing anything and don't want to mess anything up.

Thanks!


2014/05/19: Marriage:



2015/06/22: 130 Sent: - USC filing from abroad


2015/06/25: NOA 1


2015/07/17: Petitioner returned to US for new job


2015/08/18: NOA 2:



2015/08/31: NVC Received


2015/09/17: Case number assigned


2015/09/18: Submitted DS-261


2015/09/18: Paid AOS fee


2015/09/28: Mailed AOS and IV Package


2015/09/29: AOS/IV Package scan date


2015/09/30: Received IV fee bill via email


2015/10/02: Paid IV bill


2015/10/05: Submitted DS-260


2015/10/27: Case Complete


2015/11/13: Interview date assigned (12/16)


2015/12/16: Interview (Approved!)


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Hi,

I've searched this forum and elsewhere and still don't have a clear answer to my question, so here goes:

Timeline:

My wife entered the US on a CR-1 visa near the end of December 2015, making her a green card holder from that date. She stayed in the US for 2 weeks before returning to the country she had been working in for 5+ years. She continued working abroad until mid-March 2016, then finished moving to the US in late-March 2016.

My question is:

Is she eligible to take the Foreign Earned Income Exclusion (Form 2555) for the income earned between Jan 1 and mid-March?

My initial reading of Form 2555 instructions and IRS Pub 54 leads me to believe yes since she was physically present outside the US for more than 330 days between March 2015 and 2016. I don't seen anything that would disqualify her just because she was a new green card holder, but I'm not sure if I'm missing anything and don't want to mess anything up.

Thanks!

The Foreign Earned Income "Exclusion" is available to ANYONE, including American citizens and green card holders, who spent 330 days outside of the U.S. either ending or beginning in 2016 - yes, you read that correctly.

AFTER filling out the Form 2555, DON'T FORGET to use the Foreign Earned Income worksheet, which is in the Form 1040 instructions, to figure your taxes. Unless you are in the 10% bracket yourself, you will pay some extra tax due to her "Excluded" income

Edited by RandyW

[color="green"][b][size=2][font="Trebuchet Ms"]Randy and Jiaying[/size][/b][/color] ............................................ [img]http://tinypic.com/erbo02.gif[/img][/font]
[size=1][url="http://www.3dflags.com"]3D Flags.com[/url][font="Comic Sans Ms"]
玉林,桂 resident
Feb 23, 2005 ........ Mailed I-129F to TSC . . . . . . . . .March 8th ............. P1 from CSC
April 11 ................. P2 from CSC . . . . . . . . . . . . . . . . .April 25 ................ NVC sends packet to GUZ
June 22 ................ P3 received . . . . . . . . . . . . . . . . . .Nov 22 ................. PASSED Interview
Dec 2 ................... Made it! . . . . . . . . . . . . . . . . . . . . .Dec 16 .................. Married
May 23, 2006 ..... TDL, EAD, AP received. . . . . . . . . June 16, 2006 ........ AOS interview - wait for FBI bkgrnd check
Apr 19, 2007 .... EAD # 2. . . . . . . . . . . . . . . . . . . . . . Oct 7, 2008 ......... 10-year green card
- - - - - - - - - - - - - - - - - - - - - - - - - - K2 (son) - - - - - - - - - - - - - - - - - - - - - - - - - - -
Dec 2 ..................... AOS/EAD filed . . . . . . . . . . . . . .Dec 17 ................... 21st birthday
Jan 4, 2007 .......... transferred to CSC . . . . . . . . . . . Feb 6, 2007 ............ transferred to MSC
Feb 23 .................... EAD card . . . . . . . . . . . . . . . . . . .Apr 16 .................... AOS denied (over 21)
Jul 26 .................... Master Calendar hearing . . . . . . Nov 15 ...................... Removal hearing
Jan 29, 2008 ........ Voluntary departure[/size][/font]

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