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shrb

Filing for taxes for the first time after AOS

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Hi all!

First of all I wanted to apologize for creating this topic since I know that the answer is probably scattered around somewhere in the forum. I sincerely couldn't find an answer that would approach my situation exactly.

We have just received W2s for 2016 and I will be taking care of taxes for the first time this year.

 

A little of my story... I moved to the US from Uruguay on March 2016. We got married in April and filed for AOS on the same month. I have been a permanent resident since late November of 2016.

 

Now these are my doubts...

 

1) For the months of January and February of 2016, I had some income from my job back in Uruguay. Is it necessary for me to include that in our taxes? What are the benefits/rules about this? If it is a must, how do I do this? I have been unemployed ever since.

 

2) We are going to file MFJ. Will a 1040EZ be enough, or due to my situation we should file using other, more detailed, form?

 

3) I read that since I was not a resident during the whole year, we could write a letter to include with our forms so the IRS can treat me as one for the whole year. My confusion with this is that since I am a resident now, I don't know if they need that same letter or something different.

 

4) Given the potential need to include my 2016 income from Uruguay and the letter regarding residency, I also read that this time we will have to file manually, is that so?

 

Many thanks in advance for the help you can provide.

-s


K-1 Visa [May - Nov. 2015]

 

- 05/30/2015: I-129F Package sent
- 11/05/2015: Interview at US Embassy in Montevideo - APPROVED! :D
- 11/10/2015: Visa in hand
- 03/11/2016: POE at SFO
- 04/19/2016: Marriage

 

AOS [Apr. - Dec. 2016]

 

- 04/20/2016: Sent AOS package through USPS! [Day 0]

- 04/25/2016: USCIS Receipt Date (as per Notices of Action) [Day 1]

- 04/28/2016: eNotifications for the acceptance of AOS/EAD/AP received [Day 3]
- 05/02 - 05/05: Received NOA Hardcopies for AOS/EAD/AP [Days 7 - 10]
- 06/11/2016: Received Biometrics Appointment Letter [Day 47]
- 06/13/2016: Walk-In Biometrics at ASC San Francisco [Day 49]
- 06/23/2016: AOS Receipt Number is active online: "Case is ready to be scheduled for an interview"! [Day 59]
- 07/26/2016: EAD Receipt Number is active online: "New card is being produced"!!! [Day 92]
- 07/27/2016: EAD update: "Case was approved"! AP Receipt Number is active online: "Case was approved"! [Day 93]
- 08/02/2016: EAD/AP Combo Card received! [Day 99]
- 10/20/2016: Interview is scheduled for 11/21! [Day 178]

- 11/21/2016: Interview at San Francisco's USCIS office. Case being held for review [Day 210]

- 11/23/2016: AOS updates: "New card is being produced" / "Case was approved"! [Day 212]

- 12/01/2016: Received GC!!! [Day 220]

 

ROC Filing window opens: August 25, 2018

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22 minutes ago, shrb said:

Hi all!

First of all I wanted to apologize for creating this topic since I know that the answer is probably scattered around somewhere in the forum. I sincerely couldn't find an answer that would approach my situation exactly.

We have just received W2s for 2016 and I will be taking care of taxes for the first time this year.

 

A little of my story... I moved to the US from Uruguay on March 2016. We got married in April and filed for AOS on the same month. I have been a permanent resident since late November of 2016.

 

Now these are my doubts...

 

1) For the months of January and February of 2016, I had some income from my job back in Uruguay. Is it necessary for me to include that in our taxes? What are the benefits/rules about this? If it is a must, how do I do this? I have been unemployed ever since.

 

2) We are going to file MFJ. Will a 1040EZ be enough, or due to my situation we should file using other, more detailed, form?

 

3) I read that since I was not a resident during the whole year, we could write a letter to include with our forms so the IRS can treat me as one for the whole year. My confusion with this is that since I am a resident now, I don't know if they need that same letter or something different.

 

4) Given the potential need to include my 2016 income from Uruguay and the letter regarding residency, I also read that this time we will have to file manually, is that so?

 

Many thanks in advance for the help you can provide.

-s

Hi there, here's my recommendation...

 

1) You are required to report worldwide income. So, yes, you should include all foreign income. Foreign earned income can go on Form 2555 and you can probably qualify for the foreign earned income exclusion. Tip: if it's not a big chunk of money you might want to consider bypassing the exclusion altogether and just report as is since it does entail a little bit more work on your end to get the exclusion. If it's not a lot of money chances are it won't hurt your bottom line much on the tax return.

 

2) You're most likely going to file the 1040A or the regular 1040 - remember, it's not just based on your situation but rather your JOINT (financial) situation. Since you're not providing any details on your spouse we have no idea what your spouse has to report. For sure though, you're not going to use the 1040EZ.

 

3) Yes you need to attach a statement electing to be treated as a resident for tax purposes. Even though you became a resident, you would be considered a dual-status resident: nonresident for Jan-Mar and from the day after you entered the U.S. through 12/31/16 you are a resident. That's why you need the election statement.

 

4) Yes, you cannot file electronically. Send the return via U.S. mail with tracking.

 

MFJ is the most favorable filing status and from the sounds of it you'd really benefit from it because you only had foreign income Jan-March. So you'll have the full exemption for the year using the MFJ tax brackets on essentially a one-person income.

 

Hope this helps.

 

Maria :thumbs:


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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15 minutes ago, MariaR323 said:

Hi there, here's my recommendation...

 

1) You are required to report worldwide income. So, yes, you should include all foreign income. Foreign earned income can go on Form 2555 and you can probably qualify for the foreign earned income exclusion. Tip: if it's not a big chunk of money you might want to consider bypassing the exclusion altogether and just report as is since it does entail a little bit more work on your end to get the exclusion. If it's not a lot of money chances are it won't hurt your bottom line much on the tax return.

 

2) You're most likely going to file the 1040A or the regular 1040 - remember, it's not just based on your situation but rather your JOINT (financial) situation. Since you're not providing any details on your spouse we have no idea what your spouse has to report. For sure though, you're not going to use the 1040EZ.

 

3) Yes you need to attach a statement electing to be treated as a resident for tax purposes. Even though you became a resident, you would be considered a dual-status resident: nonresident for Jan-Mar and from the day after you entered the U.S. through 12/31/16 you are a resident. That's why you need the election statement.

 

4) Yes, you cannot file electronically. Send the return via U.S. mail with tracking.

 

MFJ is the most favorable filing status and from the sounds of it you'd really benefit from it because you only had foreign income Jan-March. So you'll have the full exemption for the year using the MFJ tax brackets on essentially a one-person income.

 

Hope this helps.

 

Maria :thumbs:

 

Thank you so much for your answers, Maria!!!

This sure has cleared things up a bit. Just as a follow up for your input...

 

1) Yes. It is very little money compared to a US income. Filing as is means just doing form 2555 and ignoring the exclusion?

2) I mentioned the EZ form because that's the one my husband always uses for his taxes. It's a single income from a permanent job. No other assets. 1040 or 1040A it is, then?

4) Will we be able to file electronically starting next year?

 

Thaks so much again!

 


K-1 Visa [May - Nov. 2015]

 

- 05/30/2015: I-129F Package sent
- 11/05/2015: Interview at US Embassy in Montevideo - APPROVED! :D
- 11/10/2015: Visa in hand
- 03/11/2016: POE at SFO
- 04/19/2016: Marriage

 

AOS [Apr. - Dec. 2016]

 

- 04/20/2016: Sent AOS package through USPS! [Day 0]

- 04/25/2016: USCIS Receipt Date (as per Notices of Action) [Day 1]

- 04/28/2016: eNotifications for the acceptance of AOS/EAD/AP received [Day 3]
- 05/02 - 05/05: Received NOA Hardcopies for AOS/EAD/AP [Days 7 - 10]
- 06/11/2016: Received Biometrics Appointment Letter [Day 47]
- 06/13/2016: Walk-In Biometrics at ASC San Francisco [Day 49]
- 06/23/2016: AOS Receipt Number is active online: "Case is ready to be scheduled for an interview"! [Day 59]
- 07/26/2016: EAD Receipt Number is active online: "New card is being produced"!!! [Day 92]
- 07/27/2016: EAD update: "Case was approved"! AP Receipt Number is active online: "Case was approved"! [Day 93]
- 08/02/2016: EAD/AP Combo Card received! [Day 99]
- 10/20/2016: Interview is scheduled for 11/21! [Day 178]

- 11/21/2016: Interview at San Francisco's USCIS office. Case being held for review [Day 210]

- 11/23/2016: AOS updates: "New card is being produced" / "Case was approved"! [Day 212]

- 12/01/2016: Received GC!!! [Day 220]

 

ROC Filing window opens: August 25, 2018

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14 minutes ago, shrb said:

 

Thank you so much for your answers, Maria!!!

This sure has cleared things up a bit. Just as a follow up for your input...

 

1) Yes. It is very little money compared to a US income. Filing as is means just doing form 2555 and ignoring the exclusion?

2) I mentioned the EZ form because that's the one my husband always uses for his taxes. It's a single income from a permanent job. No other assets. 1040 or 1040A it is, then?

4) Will we be able to file electronically starting next year?

 

Thaks so much again!

 

Your welcome, glad to help :)

 

You won't need Form 2555 at all if you won't be trying to qualify for the exclusion. You'll just report the total foreign income. (Use the currency exchange rate in effect at the time the income was earned to convert to U.S. dollars.) I don't have all the specifics memorized and don't have the requirements in front of me to verify the differences, but you can never go wrong with the regular 1040. The 1040EZ and 1040A have specific requirements and although your spouse has always used the 1040EZ, it can change depending on the situation or what needs to be reported.

 

You'll be able to e-File next year for tax year 2017 :thumbs:


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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3 minutes ago, MariaR323 said:

Your welcome, glad to help :)

 

You won't need Form 2555 at all if you won't be trying to qualify for the exclusion. You'll just report the total foreign income. (Use the currency exchange rate in effect at the time the income was earned to convert to U.S. dollars.) I don't have all the specifics memorized and don't have the requirements in front of me to verify the differences, but you can never go wrong with the regular 1040. The 1040EZ and 1040A have specific requirements and although your spouse has always used the 1040EZ, it can change depending on the situation or what needs to be reported.

 

You'll be able to e-File next year for tax year 2017 :thumbs:

That's great!

Thank you for everything!


K-1 Visa [May - Nov. 2015]

 

- 05/30/2015: I-129F Package sent
- 11/05/2015: Interview at US Embassy in Montevideo - APPROVED! :D
- 11/10/2015: Visa in hand
- 03/11/2016: POE at SFO
- 04/19/2016: Marriage

 

AOS [Apr. - Dec. 2016]

 

- 04/20/2016: Sent AOS package through USPS! [Day 0]

- 04/25/2016: USCIS Receipt Date (as per Notices of Action) [Day 1]

- 04/28/2016: eNotifications for the acceptance of AOS/EAD/AP received [Day 3]
- 05/02 - 05/05: Received NOA Hardcopies for AOS/EAD/AP [Days 7 - 10]
- 06/11/2016: Received Biometrics Appointment Letter [Day 47]
- 06/13/2016: Walk-In Biometrics at ASC San Francisco [Day 49]
- 06/23/2016: AOS Receipt Number is active online: "Case is ready to be scheduled for an interview"! [Day 59]
- 07/26/2016: EAD Receipt Number is active online: "New card is being produced"!!! [Day 92]
- 07/27/2016: EAD update: "Case was approved"! AP Receipt Number is active online: "Case was approved"! [Day 93]
- 08/02/2016: EAD/AP Combo Card received! [Day 99]
- 10/20/2016: Interview is scheduled for 11/21! [Day 178]

- 11/21/2016: Interview at San Francisco's USCIS office. Case being held for review [Day 210]

- 11/23/2016: AOS updates: "New card is being produced" / "Case was approved"! [Day 212]

- 12/01/2016: Received GC!!! [Day 220]

 

ROC Filing window opens: August 25, 2018

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