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Filing Taxes with K1 Spouse for 2016

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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

04/22/16....I-129F mailed to Dallas, TX

04/27/16....Delivered at Dallas, TX

04/29/16....USCIS Receive Date (Printed on NOA1)

05/02/16....NOA1 Text & E-mail. Case sent to CSC

05/09/16....NOA1 Hard Copy Received

07/12/16....NOA2 Approval Text & Email received (74 days)

07/16/16....NOA2 Hard Copy Received (4 days from text)

07/28/16....NVC Received Case (16 days from text)

08/01/16....Consulate Received Case

09/30/16....Interview

10/04/16....Visa Received

10/18/16....POE

10/28/16....Wedding

AOS Journey

11/18/16....Packet mailed to Chicago Lock Box, IL

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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

 

 
 
 
 
 
 
 
 
 
 
 
 

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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. 


 
12/31/2015 - New Year's Eve 2015 Engagement
03/19/2016 - I-129F Package sent via Express Mail (Cashier's Check)

03/21/2016 - Notice of Receipt (Text/Email)

03/24/2016 - NOA1 Approval :dancing:

06/13/2016 - NOA2 Approval :dancing:

07/13/2016 - NVC Case received and Case # Assigned. YES!!!! :dancing:

07/19/2016 - K-1 document package arrives Tokyo, Japan Consulate

07/22/2016 - Packet 3 Received and Returned

08/07/2016 - Tokyo Embassy Interview...APPROVED!!! :dancing:

08/09/2016 - Passport & Visa Received from Embassy

09/29/2016 - POE San Francisco, CA

10/28/2016 - MARRIED!

11/09/2016 - AOS Package Received

11/18/2016 - Electronic I-131, I-765 NOA1, I-485 Biometrics Fee Acknowledged.

11/26/2016 - I-131, I-765 NOA1 Letters Received

11/27/2016 - I-485 NOA1 Received

12/14/2016 - Biometrics Done

02/11/2017  - RFE Recieved for EAD

02/13/2017 - Response to RFE Sent for EAD

02/21/2017 - EAD & I-131 Approved

03/01/2017 - EAD/AP Combo Card Received

 

 

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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 Petitioner

 

11/28/15: Engaged (L)

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

 

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

1/21/16: NOA1 notice date, routed to CSC (1/28 recv'd hardcopy)

3/18/16: RFE Notification (3/23 recv'd hardcopy)

3/28/16: RFE Response Recv'd notification (3/26 delivered via USPS priority)

4/1/16: NOA2 Approval :dancing: (4/6 recv'd hardcopy)

4/25-4/26/16: NVC received case & assigned no. (5/2 recv'd hardcopy dated 4/29)

4/28/16: Left NVC, "In Transit" to consulate

5/2/16: Consulate Receives via DHL

5/9/16: Fiancée travels to CDJ to clear Case # issue & recv'd hardcopy appt letter

5/13/16: Medical & Biometrics Appt.

5/17/16: Interview Appt. - APPROVED :dance:

5/19/16: CEAC Status changed from "Ready" to "Issued"

5/23/16: Recv'd DHL tracking info via email

5/25/16 @10am: Package ready for pickup at DHL office; @3pm: Fiancée picks up packages - 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]

9/29/16: NOA1 notice date, text/email recv'd, routed to NBC, 10/4 case status avail [Day 9]

10/6/16: NOA1 Hardcopies recv'd [Day 16]

10/15/16: Biometrics Notice recv'd, NOA date 10/7, postmark 10/12 [Day 25]

10/19/16: AOS Cases (I-864) RFIE Notification, text recv'd, 10/24 recv'd hardcopy [Day 29]

10/27/16: Biometrics (Scheduled) Appt for AOS/EAD - Success [Day 37]

11/2/16: AOS Cases, RFIE Response Recv'd case status update, 10/28 delivered via FedEx) [Day 43]

12/14/16: EAD Cases, Filed SR w/ Tier 2, approaching regulatory timeframe [Day 85 / 76 w/ 9day RFIE delay]

12/21/16: EAD Cases, Filed 2nd SR w/ Tier 2, 1st SR hadn't even been looked at [Day 92]

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

1/5/17: AOS Interview Appt Hardcopies recv'd, notice date 12/21/16 (Based on notice date, I believe 2nd SR prompted action on AOS cases) [Day 107]

1/9/17: EAD Cases Status Updates - New Card in Production, email recv'd [Day 111 / 102 w/ 9day RFIE delay]

1/12/17: EAD Cases Status Updates - Card Was Mailed, no email/txt [Day 114 / 105 w/ 9day RFIE delay]

1/14/17: AP Cases - Approval notice hardcopies recv'd, no email/txt/online update [Day 116 / 107 w/ 9day RFIE delay]

1/17/17: EAD/AP Combo Card recv'd via USPS Priority Mail [Day 119 / 110 w/ 9day RFIE delay]

1/27/17: AOS Interview :star: - APPROVED!! :dance:  [Day 129 / 120 w/ 9day RFIE delay ~ 4 mos.]

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 :dancing:

ROC Process (Window opens up Oct 2018)

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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

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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 Petitioner

 

11/28/15: Engaged (L)

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

 

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

1/21/16: NOA1 notice date, routed to CSC (1/28 recv'd hardcopy)

3/18/16: RFE Notification (3/23 recv'd hardcopy)

3/28/16: RFE Response Recv'd notification (3/26 delivered via USPS priority)

4/1/16: NOA2 Approval :dancing: (4/6 recv'd hardcopy)

4/25-4/26/16: NVC received case & assigned no. (5/2 recv'd hardcopy dated 4/29)

4/28/16: Left NVC, "In Transit" to consulate

5/2/16: Consulate Receives via DHL

5/9/16: Fiancée travels to CDJ to clear Case # issue & recv'd hardcopy appt letter

5/13/16: Medical & Biometrics Appt.

5/17/16: Interview Appt. - APPROVED :dance:

5/19/16: CEAC Status changed from "Ready" to "Issued"

5/23/16: Recv'd DHL tracking info via email

5/25/16 @10am: Package ready for pickup at DHL office; @3pm: Fiancée picks up packages - 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]

9/29/16: NOA1 notice date, text/email recv'd, routed to NBC, 10/4 case status avail [Day 9]

10/6/16: NOA1 Hardcopies recv'd [Day 16]

10/15/16: Biometrics Notice recv'd, NOA date 10/7, postmark 10/12 [Day 25]

10/19/16: AOS Cases (I-864) RFIE Notification, text recv'd, 10/24 recv'd hardcopy [Day 29]

10/27/16: Biometrics (Scheduled) Appt for AOS/EAD - Success [Day 37]

11/2/16: AOS Cases, RFIE Response Recv'd case status update, 10/28 delivered via FedEx) [Day 43]

12/14/16: EAD Cases, Filed SR w/ Tier 2, approaching regulatory timeframe [Day 85 / 76 w/ 9day RFIE delay]

12/21/16: EAD Cases, Filed 2nd SR w/ Tier 2, 1st SR hadn't even been looked at [Day 92]

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

1/5/17: AOS Interview Appt Hardcopies recv'd, notice date 12/21/16 (Based on notice date, I believe 2nd SR prompted action on AOS cases) [Day 107]

1/9/17: EAD Cases Status Updates - New Card in Production, email recv'd [Day 111 / 102 w/ 9day RFIE delay]

1/12/17: EAD Cases Status Updates - Card Was Mailed, no email/txt [Day 114 / 105 w/ 9day RFIE delay]

1/14/17: AP Cases - Approval notice hardcopies recv'd, no email/txt/online update [Day 116 / 107 w/ 9day RFIE delay]

1/17/17: EAD/AP Combo Card recv'd via USPS Priority Mail [Day 119 / 110 w/ 9day RFIE delay]

1/27/17: AOS Interview :star: - APPROVED!! :dance:  [Day 129 / 120 w/ 9day RFIE delay ~ 4 mos.]

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 :dancing:

ROC Process (Window opens up Oct 2018)

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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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