"U.S. business days" cannot be 0 for physical presence test? First time filing taxes after K1 marriage

[visahopeful2018 2]

My husband worked in his home country for the first half of 2019, then moved here to the USA on a K-1 visa in June 2019 (married in July). I (the citizen) am doing my taxes (Married filing jointly) on Turbotax, and I am getting a weird error message for form 2555, Foreign Earned Income. In Part III, for the Physical Presence Test, we are using the 12-month period leading up to his arrival here on June 18th. However, he visited me in the U.S. in summer of 2018, which falls in that time period.  When I try to report that trip in section 18, Turbotax says that the "Number of days in U.S. on business" cannot be 0. Since he was here via ESTA, obviously he was not here for any business days. Am I doing something wrong? Is this beyond the scope of Turbotax? Anyone else had a similar problem? Thank you.

[Wuozopo 4,285]

2 hours ago, visahopeful2018 said:

My husband worked in his home country for the first half of 2019, then moved here to the USA on a K-1 visa in June 2019 (married in July). I (the citizen) am doing my taxes (Married filing jointly) on Turbotax, and I am getting a weird error message for form 2555, Foreign Earned Income. In Part III, for the Physical Presence Test, we are using the 12-month period leading up to his arrival here on June 18th. However, he visited me in the U.S. in summer of 2018, which falls in that time period.  When I try to report that trip in section 18, Turbotax says that the "Number of days in U.S. on business" cannot be 0. Since he was here via ESTA, obviously he was not here for any business days. Am I doing something wrong? Is this beyond the scope of Turbotax? Anyone else had a similar problem? Thank you.

Leave it blank, nothing in the “days on business column” andTurboTax will move on.

[visahopeful2018 2]

Thanks for the reply. This is what I ended up trying, but it wouldn't let me e-file that way.  Really annoying.

[Wuozopo 4,285]

5 hours ago, visahopeful2018 said:

Thanks for the reply. This is what I ended up trying, but it wouldn't let me e-file that way.  Really annoying.

Is that one section the only error you are getting? 
Anything else on Form 2555?

Did you try bonafide resident of the home country if he is a citizen of that country. That is usually the easier qualification.
 

Most K1 couples file by mail the first year so they can include the signed statement for the new spouse to be treated as a resident alien for the entire year.  

[visahopeful2018 2]

On 3/6/2020 at 4:44 AM, Wuozopo said:

Is that one section the only error you are getting? 
Anything else on Form 2555?

Did you try bonafide resident of the home country if he is a citizen of that country. That is usually the easier qualification.
 

Most K1 couples file by mail the first year so they can include the signed statement for the new spouse to be treated as a resident alien for the entire year.  

Thank you so much for the reply. Is there a specific form to fill out for the signed statement, or do you just write it out yourself? This was the only information I could find about it and they don't seem to have a form.  https://www.irs.gov/individuals/international-taxpayers/nonresident-alien-spouse

[Wuozopo 4,285]

7 hours ago, visahopeful2018 said:

Thank you so much for the reply. Is there a specific form to fill out for the signed statement, or do you just write it out yourself? This was the only information I could find about it and they don't seem to have a form.  https://www.irs.gov/individuals/international-taxpayers/nonresident-alien-spouse

There is no form. If there was, it would be in TurboTax and we could efile. You write it yourself, print, and both sign. You include the parts listed:

1. A declaration that one spouse was a nonresident alien and the other spouse a U.S. citizen or resident alien on the last day of the tax year, and that you choose to be treated as U.S. residents for the entire tax year
2. The name, address, and identification number of each spouse. (If one spouse died, include the name and address of the person making the choice for the deceased spouse.)

 

Here’s 2 examples posted in this forum. Different, but both cover what the IRS says to include.
https://www.visajourney.com/forums/topic/729902-filing-our-first-taxs-after-k1/?do=findComment&comment=10022319

 

 

https://www.visajourney.com/forums/topic/732063-is-this-an-acceptable-election-statementletter/

Edit: Found another example 

https://www.visajourney.com/forums/topic/729902-filing-our-first-taxs-after-k1/?do=findComment&comment=10022261

 

Edited March 10, 2020 by Wuozopo