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Hello,

 

I am US Citizen and I recently got married last year in 2018 with foreign spouse. I want to file joint return. My spouse only worked 2 months in 2018 and earned around $200 in cash. My wife doesn't has SSN and IITIN number. I got her certified Foreign passport and statement to elect as resident alien so that we can file jointly. I am planning to include 1040, w7, certified copy of my spouse passport, and statement electing both as resident for entire tax year 2018. I am filing all together in Austin IRS office. Am i doing it correctly or I am missing something here?

Also, once I elect my foreign wife as US resident , can I use form 2555 for my wife foreign income exclusion? Please suggest if I can use this form? or I shouldn't be using this form at all? please advice.

Thank You in advance.

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14 hours ago, JK1880 said:

Hello,

 

I am US Citizen and I recently got married last year in 2018 with foreign spouse. I want to file joint return. My spouse only worked 2 months in 2018 and earned around $200 in cash. My wife doesn't has SSN and IITIN number. I got her certified Foreign passport and statement to elect as resident alien so that we can file jointly. I am planning to include 1040, w7, certified copy of my spouse passport, and statement electing both as resident for entire tax year 2018. I am filing all together in Austin IRS office. Am i doing it correctly or I am missing something here?

Also, once I elect my foreign wife as US resident , can I use form 2555 for my wife foreign income exclusion? Please suggest if I can use this form? or I shouldn't be using this form at all? please advice.

Thank You in advance.

Hi. It sounds like you are on the right track, and yes you can use 2555 or maybe 1116, like I did. Make sure you mail your W-7 and return to the address listed in the W-7 instruction, and not the address from the 1040 instructions, and put in in the following order: W-7, Certified copy of passport, 1040 with W-2 stapled to it, and then any schedules and/or forms that to you have. For us, we had W-7, W-7 COA, Copy of passport, 1040 with W-2 attached to the bottom half of page 2, Schedule 3, form 1116, form 8965. It took about 3-4 weeks from the date mailed (2/4/19) to get the ITIN, and I am currently waiting for the return to be processed.


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

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On 3/11/2019 at 7:36 PM, JK1880 said:

Hello,

 

I am US Citizen and I recently got married last year in 2018 with foreign spouse. I want to file joint return. My spouse only worked 2 months in 2018 and earned around $200 in cash. My wife doesn't has SSN and IITIN number. I got her certified Foreign passport and statement to elect as resident alien so that we can file jointly. I am planning to include 1040, w7, certified copy of my spouse passport, and statement electing both as resident for entire tax year 2018. I am filing all together in Austin IRS office. Am i doing it correctly or I am missing something here?

 Also, once I elect my foreign wife as US resident , can I use form 2555 for my wife foreign income exclusion? Please suggest if I can use this form? or I shouldn't be using this form at all? please advice.

Thank You in advance.

It sounds like you have everything you need.

Yes, you use form 2555, but you might be able to use form 2555-EZ instead.

We also filed at the IRS office because I did not have a SSN or ITIN. They made a copy of my passport right there and stamped it, so you don't even need to bring a certified copy.


K1

2018-02-09: I-129F sent

2018-02-15: NOA1

2018-08-16: NOA2

2018-10-11: Interview 

2018-10-19: Visa received

2018-12-06: US entry

2018-12-15: Wedding

 

AOS/EAD/AP:

2019-02-26: Filed

2019-03-05: NOA

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On 3/12/2019 at 10:58 AM, junkmart said:

Hi. It sounds like you are on the right track, and yes you can use 2555 or maybe 1116, like I did. Make sure you mail your W-7 and return to the address listed in the W-7 instruction, and not the address from the 1040 instructions, and put in in the following order: W-7, Certified copy of passport, 1040 with W-2 stapled to it, and then any schedules and/or forms that to you have. For us, we had W-7, W-7 COA, Copy of passport, 1040 with W-2 attached to the bottom half of page 2, Schedule 3, form 1116, form 8965. It took about 3-4 weeks from the date mailed (2/4/19) to get the ITIN, and I am currently waiting for the return to be processed.

Thank You so much. I will do the same. I have w7, elected statement for joint return, Certified Passport copy,  w2 and1040. I will attach altogether and send it to below address:

  

Austin Service Center

ITIN Operation

PO Box 149342

Austin TX 78714

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Posted (edited)
16 hours ago, ST_RO said:

We also filed at the IRS office because I did not have a SSN or ITIN. They made a copy of my passport right there and stamped it, so you don't even need to bring a certified copy.

In my case, My spouse is in foreign country and not here in US yet, waiting for USCIS petition to be approved. I believe if spouse is here in US, spouse can go to IRS office in-person and they can stamp it like you mentioned. For scenario like me, I think Certified is mandatory.

Edited by JK1880

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