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assila

Filing Taxes: LPR w/Spouse and Children Abroad

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Hello,

 

I am a LPR trying to figure this out, and I'm getting a little confused. I am in US for two years, but my husband and 2 children are in the Philippines. They have never been to the US and are all citizens of the Philippines. Children are under 18. My husband and I were married this last year - 2018, so I need to file as married. He does not really work, mostly takes care of our two young boys. 

 

Do I need to get ITIN's for them? 

 

I see the options for filing "Married - filing jointly w/1 income," "Married filing separately," or "Head of household." I think it's head of household. Is that correct?

 

I know I can't get the Earned income tax credit for the kids or anything like that. I'm just trying to do this correctly.

 

Thank you for your help!

 

Thank you!

 

 

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First run through this from the IRS: https://www.irs.gov/help/ita/what-is-my-filing-status

 

MFJ would only be available if you had an ITIN or SSN for your spouse. You can still obtain an ITIN....it's a hassle to do so, but others have done so from the Philippines. Hopefully they will chime in.

 

MFS is the simplest option. You can write in "NRA" for your spouse's SSN/ITIN.

 

HOH does not seem to apply here as the children were not in the same residence as you.

https://turbotax.intuit.com/tax-tips/family/guide-to-filing-taxes-as-head-of-household/L4Nx6DYu9


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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31 minutes ago, geowrian said:

First run through this from the IRS: https://www.irs.gov/help/ita/what-is-my-filing-status

 

MFJ would only be available if you had an ITIN or SSN for your spouse. You can still obtain an ITIN....it's a hassle to do so, but others have done so from the Philippines. Hopefully they will chime in.

 

MFS is the simplest option. You can write in "NRA" for your spouse's SSN/ITIN.

 

HOH does not seem to apply here as the children were not in the same residence as you.

https://turbotax.intuit.com/tax-tips/family/guide-to-filing-taxes-as-head-of-household/L4Nx6DYu9

That's a great link from the IRS! 

 

After I posted I went back to researching and found that I can't claim HOH because I can't be married, but I see the other reasons, now. Thank you!

 

My eyes are just getting a little tired while I'm trying to figure it out. haha

 

Thank you!

Edited by assila

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~~Moved to Taxes and Finances, from General Immigration Discussion.~~


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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