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jenihyun

Written Statement for Filing Joint Taxes

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Hello Everyone!

Me and my husband are on process of submitting requirements to file for our joint taxes. I am currently in the Philippines still. Now one of the requirements that the IRS required is the written statement that I wanted to be counted as a US citizen for the year 2018 even if i am living here in my country. Does anybody here encountered same situation like this? If you do, do you have any sample or template for this? I am just confused to what exact details should i put.

 

Thanks in advance folks!

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I look forward to others on this topic.

From my view point, the signature on the bottom of the 1040 is saying a lot about how you are saying this information is  true and that I am paying Federal tax.  To have a separate piece of paper to say the same thing is not known to me.

 

To update your question of "counted as a US citizen" is not an action of the IRS for tax purposes.  Citizens of other countries do pay United States taxes, if required, are not "counted as US Citizen".

Cheers.

Edited by DennisMN
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Here's the one I used for 2017:

https://docs.google.com/document/d/1oFYM0MbbUxFPLTxOzn6qsk_eZMLhF42O9zRUs-KtVzU/edit?usp=sharing

 

1 hour ago, jenihyun said:

Now one of the requirements that the IRS required is the written statement that I wanted to be counted as a US citizen for the year 2018 even if i am living here in my country.

I'm assuming you are the non-US citizen...right?

If so, never claim US citizenship if you are not a US citizen. That's a permanent, unwaivable bar.

You want to be claimed as a resident alien for tax purposes. Nothing more.

Edited by geowrian

Timelines:

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

12/1/17: sent

12/14/17: 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

 

 

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Thank you so much @geowrian for the sample letter you shared and the advise. Yes i am not a US citizen, i just wanted to claim as a resident alien for tax purposes only. 

 

Thanks again

 

 

Edited by jenihyun
Correction if term

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15 hours ago, geowrian said:

Here's the one I used for 2017:

https://docs.google.com/document/d/1oFYM0MbbUxFPLTxOzn6qsk_eZMLhF42O9zRUs-KtVzU/edit?usp=sharing

 

I'm assuming you are the non-US citizen...right?

If so, never claim US citizenship if you are not a US citizen. That's a permanent, unwaivable bar.

You want to be claimed as a resident alien for tax purposes. Nothing more.

hi geowrian,

 

i've been following or liking some of the posts you've been posting across different forums/threads on visajourney. you're like one of the experts. ehehehe. and i value your opinion/thoughts.

so i'm a k1 visa filer. i came here in sept 2018, got married in sept 2018. and we filed for aos in nov 2018. anyway i never knew how to file taxes, usually companies' hr does that for us. anyway, so from what i'm understanding from a few posts for k1 people you can file taxes under mfj (married filed jointly) and under resident alien and then i make a statement like in your link to send along for the taxes? i was unemployed for the whole 2018. us embassy in jakarta indonesia asked me to resign and go back to my home country when processing the k1. which is what i did. is there anything else i should do? like is there a waiver or something to prove my unemployment and have no income? thanks! 

thanks also jennihyun for asking that question and so geowrian was able to give us a sample statement letter. yay. hehehe!


K1 Visa:
Sent: 12 - 20 - 2017   ||   Received: 12 - 21 - 2017   ||   NOA 1: 12 - 26 - 2017   ||   NOA 2: 07 - 1 - 18   ||  NVC Received: 08 - 02 - 2018 

||  NVC Assigned MNC: 08 - 07 - 2018  ||   USEM Received: 08 - 09 -2018   ||  Interview Date: 08 - 20 - 2018   ||  Visa on Hand: 08 - 24 - 2018   ||  CFO Seminar: 08 - 31 - 2018    ||  POE: 09 - 05 - 2018    ||  Wedding: 09 -16 - 2018

 

AOS:
Sent: 11 - 20 - 2018   ||   Received: 11 - 23 - 2018   ||   NOA 1: 12 - 03 - 2018   ||  

 

EAD:
Sent: 11 - 20 - 2018   ||   Received: 11 - 23 - 2018   ||   NOA 1: 12 - 03 - 2018   ||  

AP:
Sent: 11 - 20 - 2018   ||   Received: 11 - 23 - 2018   ||   NOA 1: 12 - 03 - 2018   ||  

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4 minutes ago, ZKT said:

so i'm a k1 visa filer. i came here in sept 2018, got married in sept 2018. and we filed for aos in nov 2018. anyway i never knew how to file taxes, usually companies' hr does that for us. anyway, so from what i'm understanding from a few posts for k1 people you can file taxes under mfj (married filed jointly) and under resident alien and then i make a statement like in your link to send along for the taxes? i was unemployed for the whole 2018. us embassy in jakarta indonesia asked me to resign and go back to my home country when processing the k1. which is what i did. is there anything else i should do? like is there a waiver or something to prove my unemployment and have no income? thanks!

You can file MFJ or MFS (or even HOH in the right circumstances). MFJ is almost always the best in terms of tax liability. In order to do so, the alien needs to be considered a resident alien (RA).

 

Making the first-year election to be considered an RA is often necessary when the alien arrives in the latter half of the year. The specifics can get muddy on whether an election is needed (dual status RA/NRA) or if you are only eigible as an RA due to the substantial presence test (https://en.wikipedia.org/wiki/Substantial_Presence_Test), but if somebody's only US presence started in Sept., then they would need to make the election to be an RA.

 

No evidence of being unemployed / having no income is necessary. That's trying to prove a negative.You would just not claim any income.


Timelines:

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

12/1/17: sent

12/14/17: 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

 

 

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