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Posted

My wife and I got married back in July 2017. I have yet to file taxes for 2017. 

My wife is still overseas in Thailand (Shes originally from the Philippines, though... she teaches English in Thailand)
If I file Jointly, which seems to be highly recommended here in order to lower tax liability... do I have to report her income? Or only mine? Will we have to pay taxes on her overseas income?

How do I go about going through this process? Should I file with 1040EZ? 

The only other issue, which I find a bit confusing, is Healthcare mandate. Is she also required to have healthcare insurance? Or just me? I did not have health coverage for 2017.  

Should I just go to a tax professional?

Filed: Timeline
Posted

You should go to a tax professional because you have several issues/

 

Theres a way to avoid the healthcare mandate when you live overseas. She also needs an ITIN or SS number. Its definitely not going to be the EZ form if you use foreign income exclusion. Find a CPA who knows the complex immigration tax laws issues. Big box walk in centers arent staffed with CPAs just workers trained to do the basic in taxes. 

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

Look like you got in the same situation like me for 2016 tax year. If you want file MFJ you need to get her a ITIN and it will took few weeks for that. Another way is you can file MFS, put your oversea spouse name and put N/A for the SSN, and you have to mail it to IRS.

For your oversea spouse, they not qualify for healthcare since they not a legal resident.

your tax filling status must be MFS or MFJ for 2017.

Posted (edited)

To file jointly, she will need an SSN or ITIN. To file separately, you can write "NRA" for her SSN/ITIN instead.

Obtaining an ITIN abroad is not easy, but possible. There are some fairly recently posts in this part of the forum about it.

 

If you file jointly, you must include all of her worldwide income. You can then use the FEIE or Foreign Tax Credit forums to exclude all the income from paying taxes (so long as it's not above a certain limit...I think around $100k for the FEIE).

This would involve a 1040...I'm fairly certain the 1040EZ doesn't permit those forms.

 

She has no obligation for the healthcare mandate since she is abroad.

 

16 hours ago, JFox762 said:

Should I just go to a tax professional?

Unless you do MFS and can handle your own taxes by yourself, probably.

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Filed: AOS (apr) Country: Philippines
Timeline
Posted
15 minutes ago, geowrian said:

To file jointly, she will need an SSN or ITIN. To file separately, you can write "NRA" for her SSN/ITIN instead.

Obtaining an ITIN abroad is not easy, but possible. There are some fairly recently posts in this part of the forum about it.

Philippines has three acceptance agents which may or may not be convenient as they are all in Luzon 

YMMV

 
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