US Immigration from Canada

Hi all, seeking some guidance now that the deadline to file US taxes is quickly approaching (even with the extension). Here's a bit about our situation:

• My husband is Canadian and moved to the US on the K1 visa on December 12, 2020
• He earned all income in Canada and has filed Canadian taxes for 2020
• He has zero earned income in the US in 2020
• We would like to file married filing jointly
• He has an SSN

I've started and stopped my return on TurboTax multiple times. I get stuck when I get to the Foreign Earned Income section where it checks to see if we can exclude foreign income from US taxes.

The first question on Turbo is did my husband live and work outside the US in 2020. The answer is yes. He lived and worked in Canada until December 12, 2020

The next question whether he was a US citizen in 2020 while working outside the US. The answer is no.

This is the question that stops me: was he a resident alien while living and working outside the US in 2020 (with a note that it is possible for a nonresident alien to elect to be treated as a resident alien and to consult a tax pro if this is your scenario). The choices are:

• Yes he is a US resident alien
• No he is not a US resident alien

Selecting "Yes" brings me to the Bona Fide Resident Test or the Physical Presence Test.

Selecting "No" brings me to the 1040NR.

Any guidance is greatly appreciated! You all have been so helpful in the past.

Has anyone had to reschedule their AOS interview due to being sick? We came down with what I m pretty sure are just colds over the weekend (since we are at least partially vaccinated, I don t think it s Covid) and our interview appointment is Tuesday afternoon. We are hoping to feel better this afternoon but it s unlikely we will. We ve just waited a long time for this appointment and I m concerned if we reschedule it will be another long wait. Our appointment is at the office in Salt Lake City. Has anyone rescheduled and has an idea how long you had to wait for the new appointment?

Hello all!

I got my medical done on March 25. There was a mixup with my bloodwork so I had to do it again this past week. I just called today and they said the x ray report still hasn t come back, which I did on March 25. My interview is in two days.
Has anyone else experienced delays with the medical results like this? I m freaking out because I only have today and tomorrow to pick up my results.

Hi there! My fianc e and I just got our NOA2 for our I-129F petition. I know interviews in Montreal are running a year behind at this point, so we won't need this for a while, but we're thinking ahead to what we might need to gather for the next steps.

I've read through the forums and Montreal consulate reviews, and I can't find anyone who was actually asked to provide any relationship evidence at their K-1 interview, but it is listed as something to bring in the Packet 3 instructions. What evidence would folks recommend bringing, and how much?

For reference, we didn't front-load our petition, but we included lots of photos, tickets, receipts, etc. from visits, and pictures of our engagement rings, and we got our case approved very quickly with no RFEs. If needed I could provide all kinds of chat logs, video call screenshots, photos of cards and gifts we've exchanged, communication with family members, etc. but I don't want to give my fianc e a ton of stuff to print out that she won't need, haha. I assume whatever I give her will likely not be asked for, but what would folks recommend bringing?

Hello everyone! I was hoping to get some advice on some tax questions since my wife and I are thoroughly confused. Big shout out to everyone by the way, we have searched through here throughout the visa process and you all have saved us many times!

My wife came from Canada on the K-1 visa last year at the end of February and we got married at the beginning of March. She did work for the first month and a half of the year in Canada, but nothing since arriving. We recently had the I-765 approved, but no SSN like requested came with it (we plan on heading into the SSA in a couple of days). We also were just approved for the green card this week.

My questions are:

-From what I've read, we should be filing jointly here in the US. Is this correct?

-If we do file jointly and we report her earnings from 2020, does she still need to file in Canada as well?

-Should we get a tax pro to help us out through this? If so, any recommendations on who to go with (such as HR Block)? Are we filing an expat tax return?

-Does her retirement fund RSP have to be reported? The bank mentioned it would not, but just wanted to be sure.

Thank you all in advance and stay safe!