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Filing Taxes with K1 Spouse for 2016

By cricketman in Tax & Finances During US Immigration

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cricketman Enthusiast

cricketman   22

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

Needed some tax advice. I got married to my wife last year and she came here on a K1 visa. We have applied for her AoS in November of 2016.  Ive done some reading but it is still quite confusing as to the best way to file taxes for 2016. Do I need an ITIN for her ?

 

Right now, here is where we are :-

1) I am a US Citizen, working

2) She was not working at all last year abroad, so income is 0

3) She has a Social Security # but no EAD

 

Would MFJ work best or is still a better idea to file MFS.

 

Thanks

K1 Journey

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Kastrs Experienced

Kastrs   723

Posted
Filed: Citizen (pnd) Country: Pakistan
 Timeline
Posted

Your wife is not eligible for an ITIN, go ahead and file MFJ you already have her SS#

Spoiler

 

Married December 19, 2014

I-130 Petition sent January 14, 2015
NOA1 date January 20, 2015 (NSC)

NOA2 date May 28, 2015 :dance::dance::dance:

Mailed to NVC June 4, 2015

NVC Received June 10, 2015

NVC Case Number Assigned June 23, 2015

NVC AoS Invoice via Mail June 24, 2015

NVC Selected Agent Over Phone June 30, 2015 (Unable to logon to CEAC)

NVC IV Invoice via email received July 1, 2015

NVC AoS/IV Package Mailed July 2, 2015

NVC AoS & IV Fee Paid Online (CEAC is working) July 6. 2015

NVC Document Scan Date July 6, 2015

NCV AoS & IV Fee marked as paid in CEAC July, 7 2015

NVC DS 260 Completed July 8, 2015

NVC CC July 30, 2015 (24 days after scan date, about 2 months post NOA2)

Interview Scheduled on August 26, 2015

Interview P4 Email Received August 27, 2015

Medical in Islamabad September 2, 2015

Interview Date September 22, 2015 CANCELLED (Embassy is Over scheduled) :cry: :cry: :cry: :cry: :cry:

Interview Scheduled on September 10, 2015

Interview Date October 14, 2015 APPROVED

Visa Issued October 16, 2015, 9 months start to finish

POE JFK October 26, 2015

GC in Hand Jan 8, 2016

RoC I-751 NOA1 August 31, 2017 (Vermont Service Center)

Biometrics October 2, 2017

I551 Stamp in Passport August 2, 2018

18 Month Extension Letter August 3, 2018

Applied for Naturalization N-400 Online July 30, 2018

Biometrics August 23, 2018

10 year GC is in production September 17, 2018

 

 
 
 
 
 
 
 
 
 
 
 
 
Rc123rc Rising Star

Rc123rc   528

Posted
Filed: Timeline
Posted
1 hour ago, aaron2020 said:

Wife has a SSN, so she does not qualify for or need an ITIN.

 

MFJ would be best since her income is 0.

Even if they did have income there are one time foreign income exclusions that they might be able to claim. 

 
 

 

 

MariaR323 Proficient

MariaR323   199

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

Use the MFJ filing status and don't forget to include the election statement to treat your Nonresident spouse as a Resident for tax purposes. You will need to paper file the 2016 tax return because of the election statement attachment. After that all future tax returns can be e-Filed.

 

Maria

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: 

Aug 2016: 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]

Naturalization Process for Spouse - in research stage (Completed in X mos. X days)

 

8/7/24: started research and prep for upcoming filing of N-400 Online

TBD: Filed N-400 Online

 :)

Poubon Contributor

Poubon   8

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

Hi i am also in a similar situation except my fiance has worked while in India. He has a company and earned some income but not much in 2016. How do we report the foreign income earned in India? He stated that he does not have any company generated statements since its his own business. 

K1 

02/03/16, we met

06/18/16 engaged, I traveled to India and loved it!

07/15/16 I mailed i129F with money order

07/20/16 text receipt from USCIS received (NOA1)

09/01/16 NOA2 via online USCIS website check

09/06/16 NOA2 Official Letter received (I-797)

09/15/16 NVC Recieved file from USCIS...Called NVC and got case #

09/30/16 Fiance received letter from Embassy

10/17/16 Fiance's medical

10/24/16 medical will be ready for pickup

11/04/16 Biometrics

11/07/16 Interview Day ... Visa APPROVED :D

11/17/16 Visa received

11/25/16 POE, New York

12/24/16 Married (L)

 

AOS

02/07/17 Filed AOS

02/13/17 Text notification 1-797 soon to be mailed 

03/10/17 Biometrics appt letter recv'd

03/22/17 Bio Appt completed

MariaR323 Proficient

MariaR323   199

Posted
Filed: K-1 Visa Country: Mexico
 Timeline
Posted
30 minutes ago, Poubon said:

Hi i am also in a similar situation except my fiance has worked while in India. He has a company and earned some income but not much in 2016. How do we report the foreign income earned in India? He stated that he does not have any company generated statements since its his own business. 

Hi,

Self employed earned income, foreign and domestic, is reported on Schedule C. If he qualifies, you can use Form 2555 to figure the foreign earned income exclusion (FEIE).

Maria

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: 

Aug 2016: 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]

Naturalization Process for Spouse - in research stage (Completed in X mos. X days)

 

8/7/24: started research and prep for upcoming filing of N-400 Online

TBD: Filed N-400 Online

 :)

Nitas_man Experienced

Nitas_man   3,100

Posted
Filed: Other Country: Saudi Arabia
 Timeline
Posted

They probably both qualify.  Best exclusion choice for newly arrived spouse is usually physical presence (assuming the spouse didn't visit the US for any length of time in the year prior to K1 entry)

 

It adds 34 days or so to the percent of time allowed for the exclusion.  Instructions are very clear.  Info below.

 

If there is not a 330 out of 365 day window - see a tax expert about filing as bonafide foreign resident (they also clearly qualify for this but the proof is tricky) and what it required for proof. 

 

https://www.irs.gov/individuals/international-taxpayers/foreign-earned-income-exclusion-physical-presence-test

 

 
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