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Moes78

US citizen spouse filed married separately this year. Now the immigrant spouse is in the US and has her SSN soon. Amend return?

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Hi all,

 

I filed married separately this year since my wife was still overseas, so yes, I was married but pretty separate. This return contained only my tax info.

 

Now my wife is in the US. Can I amend my return to married filing jointly, and also adding her "income" <- Canadian scholarship? She did not file any US taxes, since she wasn't here in 2017 or got any US money.

 

I'm a bit confused about this, please let me know what you think.

 

Thanks,

Mo

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Yes - need to add her income and change to married joint. 


ROC Timeline

Service Center: Vermont

90 Day Window Opened....08/08/17

I-751 Packet Sent..............08/14/17

NO1 Dated.........................

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Check Cashed....................

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Biometrics Appointment.....

Approved...........................

 

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I-130 NOA2: 25 Jan 2015
NVC Received: 06 Feb 2015
Pay AOS Bill: 07 Mar 2015
Pay IV Bill : 20 Mar 2015
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Yes if you want to amend your return and file joint. 

 

I didn’t catch - was she a PR in 2017? 


ROC Timeline

Service Center: Vermont

90 Day Window Opened....08/08/17

I-751 Packet Sent..............08/14/17

NO1 Dated.........................

NO1 Received....................

Check Cashed....................

Biometrics Received..........

Biometrics Appointment.....

Approved...........................

 

IR-1/CR-1 Visa

I-130 NOA1: 22 Dec 2014
I-130 NOA2: 25 Jan 2015
NVC Received: 06 Feb 2015
Pay AOS Bill: 07 Mar 2015
Pay IV Bill : 20 Mar 2015
Send IV/AOS Package: 23 Mar 2015
Submit DS-261: 26 Mar 2015
Case Completed at NVC: 24 Apr 2015
Interview Date: 22 Sep 2015
Visa Approved: 22 Sep 2015
Visa Received: 03 Oct 2015 

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Hi,

 

No, she wasn't a PR in 2017.

 

The only connection to the US in 2017 was being married to me, and I was living in the US. She's a PR only since a few days.

 

Cheers,

Mo

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Ok can file joint and amend as long as you were married in 2017. She needs to write a statement that she wants to be treated as a resident alien for 2017 and therefore declare  all worldwide income.


ROC Timeline

Service Center: Vermont

90 Day Window Opened....08/08/17

I-751 Packet Sent..............08/14/17

NO1 Dated.........................

NO1 Received....................

Check Cashed....................

Biometrics Received..........

Biometrics Appointment.....

Approved...........................

 

IR-1/CR-1 Visa

I-130 NOA1: 22 Dec 2014
I-130 NOA2: 25 Jan 2015
NVC Received: 06 Feb 2015
Pay AOS Bill: 07 Mar 2015
Pay IV Bill : 20 Mar 2015
Send IV/AOS Package: 23 Mar 2015
Submit DS-261: 26 Mar 2015
Case Completed at NVC: 24 Apr 2015
Interview Date: 22 Sep 2015
Visa Approved: 22 Sep 2015
Visa Received: 03 Oct 2015 

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Oh, wow. That would be great if that works.

Yes, married all of 2017.

 

Can you point me to a webpage that has more info on this? Like how to write that statement?

 

Cheers,

Mo

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It works I did the same for 2014 tax year as advised by my Accountant once my wife had a ssn. 

 

https://ttlc.intuit.com/questions/3537208-spouse-is-non-resident-alien

 

Just type up a statement for your wife and have her sign it. This is what I would give to your accountant if you are using one.

 

 

 


ROC Timeline

Service Center: Vermont

90 Day Window Opened....08/08/17

I-751 Packet Sent..............08/14/17

NO1 Dated.........................

NO1 Received....................

Check Cashed....................

Biometrics Received..........

Biometrics Appointment.....

Approved...........................

 

IR-1/CR-1 Visa

I-130 NOA1: 22 Dec 2014
I-130 NOA2: 25 Jan 2015
NVC Received: 06 Feb 2015
Pay AOS Bill: 07 Mar 2015
Pay IV Bill : 20 Mar 2015
Send IV/AOS Package: 23 Mar 2015
Submit DS-261: 26 Mar 2015
Case Completed at NVC: 24 Apr 2015
Interview Date: 22 Sep 2015
Visa Approved: 22 Sep 2015
Visa Received: 03 Oct 2015 

Share this post


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Share on other sites
 
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