Jump to content
jenihyun

Written Statement for Filing Joint Taxes

13 posts in this topic

Recommended Posts

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!

Share this post


Link to post
Share on other sites

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
spelling

Share this post


Link to post
Share on other sites

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

12/1/16: 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

 

 

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites
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   ||  

Share this post


Link to post
Share on other sites
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

12/1/16: 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

 

 

Share this post


Link to post
Share on other sites
On 1/23/2019 at 2:49 PM, geowrian said:

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.

 

how do i not claim income? so i do not file a 2555ez? or do i have to pass a 2555ez and then say i have no income for the whole 2018? sorry for needing this to be explained in simple terms and for asking for clarity.  is there a form for claiming no income? thanks!


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   ||  

Share this post


Link to post
Share on other sites
2 hours ago, ZKT said:

how do i not claim income? so i do not file a 2555ez? or do i have to pass a 2555ez and then say i have no income for the whole 2018? sorry for needing this to be explained in simple terms and for asking for clarity.  is there a form for claiming no income? thanks!

If you have no income then there is nothing to claim or report. No 2555/2555ez is needed as there is no income to report.


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

12/1/16: 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

 

 

Share this post


Link to post
Share on other sites
On 1/22/2019 at 8:21 AM, jenihyun said:

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!

The letter you are referring to is to elect to be treated as a US resident alien, not a US citizen. Very important distinction. The requirement is found here: https://www.irs.gov/individuals/international-taxpayers/nonresident-alien-spouse


c9 AOS Concurrently filed I-130 & I-130A, I-485, I-131, I-765

 

2019-02-21 Package sent to Chicago Lockbox via FedEx

2019-02-27 Package received

2019-02-27 Priority Date

2019-03-04 Notice Date

2019-03-09 Notice received via USPS

2019-03-15 Biometrics Appointment Notice received

2019-03-26 Attended Biometrics Appointment

2019-04-01 Case is ready to to be scheduled for an interview

2019-04-22 Interview Notice received via USPS

2019-05-20 Interview: Approved after 82 days.

2019-05-21 Card in production

2019-05-22 Card was mailed to you (no tracking)

2019-05-23 Update that USPS picked up the card (included tracking number). Estimated arrival: May 28

2019-05-24 I-130 and I-485 Approval Letters received via USPS.

2019-05-29 Green Card in hand.

Share this post


Link to post
Share on other sites
5 hours ago, ZKT said:

 

how do i not claim income? so i do not file a 2555ez? or do i have to pass a 2555ez and then say i have no income for the whole 2018? sorry for needing this to be explained in simple terms and for asking for clarity.  is there a form for claiming no income? thanks!

As said, you don’t report something you don’t have. If you two plan to do MFJ, just provide a simple letter saying, “You are treated as a resident alien for tax purpose and you don’t have any worldwide income in 2018” 

 

When my wife came to US and i amended my past year’s MFS to MFJ, I simply typed this statement in 1040X: “I’d like to treat my wife as resident alien for the tax year XXXX and my wife has no worldwide income in that year.”

 

in your case , it would be a separate letter with the similar statement.

Edited by arken

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

Share this post


Link to post
Share on other sites
On 1/22/2019 at 10:01 AM, 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, did you send the election statement/ letter with your state taxes as well?   Or did you only send one copy of the election statement with you federal taxes?

Thanks

Share this post


Link to post
Share on other sites
16 minutes ago, markandoliv said:

Hi, did you send the election statement/ letter with your state taxes as well?   Or did you only send one copy of the election statement with you federal taxes?

Thanks

No, I did not. My state allowed (haven't confirmed if it still does) filing differently for state than federal. We filed MFS for state, of which she had no income to report.

If we wanted to file jointly, we could do so, though.

Always refer to your specific state's laws.


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

12/1/16: 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

 

 

Share this post


Link to post
Share on other sites
1 hour ago, geowrian said:

No, I did not. My state allowed (haven't confirmed if it still does) filing differently for state than federal. We filed MFS for state, of which she had no income to report.

If we wanted to file jointly, we could do so, though.

Always refer to your specific state's laws.

Hello!

i really need some help. My husband and I were married in December of 2019 and I just e-filed my taxes as MFJ with his SSN. I considered him an NRA.

Do I have to send in a paper tax return now with an attached statement and a form of amendment? How do I rectify this?

thank you for your time!


Immigration Timeline:

K1 Filed: May 15th, 2019

K1 NOA1 Received: May 20th, 2019

K1 NOA2 Received: August 23rd, 2019

NVC Received: September 12th, 2019

Embassy Received: September 19th, 2019

K1 Interview in Bangladesh Embassy: October 28th: APPROVED!!

Visa On Hand: November 14th, 2019

POE Seattle, WA: November 23rd, 2019

 

MARRIED! (L) December 7th, 2019

Applied for SSN: December 17th, 2019

AOS Sent: January 11th, 2020

AOS Delivered: January 14th, 2020

SSN Manual Verification Complete: January 17th, 2020

Text Notifications of AOS Received: January 20th, 2020

SSN Received: January 22nd, 2020

AOS NOA1 Hardcopies: January 24th, 2020

Biometrics Notice: January 25th, 2020

Biometrics Appointment: February 4th, 2020

Case is Ready to be Scheduled for Interview: March 11th, 2020

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...