MariaR323

The key point here is that by him filing as HOH he is stating that you two did NOT live together for the last 6 months of the year.

The key point here is that by him filing as HOH he is stating that you two did NOT live together for the last 6 months of the year.

Exactly... there are exceptions and one of those is the living apart for the last 6 mos.

The key point here is that by him filing as HOH he is stating that you two did NOT live together for the last 6 months of the year.

The key point here is that by him filing as HOH he is stating that you two did NOT live together for the last 6 months of the year.

The key point here is that by him filing as HOH he is stating that you two did NOT live together for the last 6 months of the year.

Yes the certified copy at a Brazilian embassy or consulate will be less expensive for sure.  The acceptance agencies I have found are all in London.  One will even come to Heathrow Airport to verify the W-7 and passport, but their fees aren't published on their website.  I will get up early tomorrow morning and call them to find out.  It's a "full-service" operation so I'm expecting pretty steep fees.  I'll post here after our trip to report on what we ended up doing and what the hassles/costs were.

Hey guys my local office is in Salt Lake City, and I sent proof of our last two years of taxes, birth certificate, photos, car ownership and bank accounts jointly. Also insurance card and lease agreements of the last two apartments

Hey Guys! Just sharing some news, I got an email saying we are ready to schedule an interview. My submitted day is Jan 10th, 2019. So it looks like we are getting some traction here!

Figured I'd share the news from the Dec 2018 filers thread:
 
Two people got case status updates to: Case ready to be scheduled for interview. Both have their local office in Chicago.
 
Maybe we'll see some updates like this soon in our group.

Figured I'd share the news from the Dec 2018 filers thread:
 
Two people got case status updates to: Case ready to be scheduled for interview. Both have their local office in Chicago.
 
Maybe we'll see some updates like this soon in our group.

Figured I'd share the news from the Dec 2018 filers thread:
 
Two people got case status updates to: Case ready to be scheduled for interview. Both have their local office in Chicago.
 
Maybe we'll see some updates like this soon in our group.

That's a good news, and kinda scary at the same time.. I am anxious about the interview and rfe.. 
 
Just an update, I had my biometrics today, I think I just spent like 15 mins there, very fast. 

Yay!!  We did too!! It's a greenish copy with a faded imaged of the statue of liberty behind the copy. Do you know if that's the official copy we use for traveling? 

My 18 month extension came in!  This was after I requested online for non delivery 

Received 18 month extension letter in the mail today.

Awesome!!  Glad those finally came!
 
I get that it’s a hassle of course, but at least you could have some peace of mind knowing if it did come while you were away, they could send the request for a change of appointment on your behalf, or, let you know the date incase you’re back. 

I'd be interested in knowing if the case that got approved from the Oct 2018 filers had anything out of the norm as a basis for approval.
 
Not being critical just wondering if maybe, just maybe, it means they are working on getting up to speed 🙂

Nonresident Alien vs. Resident Alien

You are considered a nonresident alien (NRA) unless you meet one of the two tests described next for a resident alien (RA).

You are a RA of the United States for tax purposes if you meet either the green card test or the substantial presence test. Note: this does not mean you are a RA for the entire tax year. In the first tax year in question, unless you established presence on the first day of the year, you would be considered a dual-status alien; RA and NRA for the time before you established presence in the U.S.

Even if you do not meet either of these tests and are considered a NRA, you may be able to choose to be treated as a U.S. resident for tax purposes. Most people will choose to go this route with their spouse because it reduces tax liability when electing to file a joint return.


You have 3 Options for filing your tax return via mail (you cannot e-File):

1. NRA spouse + Filing Separately

You can file a paper return via mail as Married Filing Separately (MFS) and write "NRA" in the SSN/ITIN field for the NRA spouse. You do not need to report anything for your NRA spouse since you are filing separately. This option allows you to file sooner and then later amend to MFJ. Generally speaking, MFS is the least favorable filing status.
SSN/ITIN not needed.

2. NRA spouse + Filing Separately + Spousal Exemption

You can also file Married Filing Separately (MFS) AND claim an exemption for your NRA spouse ONLY IF the NRA spouse has no U.S. source income. Although MFS is generally the least favorable filing status, this option at least allows you to claim the spousal exemption.
SSN/ITIN is needed.

3. Dual-Status/NRA spouse + Filing Jointly

You can choose to treat your dual-status/NRA spouse as a RA for tax purposes for the entire tax year in question. This option allows you to file a joint return (MFJ) and apply all eligible deductions and credits. You would be required to report BOTH spouse's worldwide income. A special election statement needs to be attached to your return indicating this choice. See the following IRS link for how to write the election statement: http://1.usa.gov/1Sw3S7A
SSN/ITIN is needed.


The question of what choice to make depends on which method produces less tax. Generally speaking, MFJ where foreign income is present (or not), should compute to be the most favorable option. With foreign income present, you can apply the more common foreign earned income (FEI) exclusion or foreign earned income (FEI) tax credit so that you do not pay tax twice on the foreign income. (The 2015 FEI exclusion is up to $100,800.)


Re: ITIN application
You may be able to avoid having to send in the passport for your foreign spouse but please read the requirements for the Identity/Foreign Status documents. You may be able to send in a certified copy of the passport but, again, double check. Also, keep in mind, an ITIN application takes approximately 7 weeks to process PLUS another couple weeks to process the tax return.

See this link for the instructions on the W-7 and ID requirements: http://1.usa.gov/1OZHelw

See this link for general info on the W-7 application process: http://1.usa.gov/1NL3CLj



I hope this helps most of you questioning how to file your first year tax return with a dual-status/nonresident spouse.

~Maria


P.S. Mods, please consider pinning this.
IRC Section 6013g NRA Election for RA.pdf

they kept their Green Cards, but they do not use them to travel or prove residency

You would need to call USCIS, provide them your A-number, and then they should be able to provide you your case number.

Hi Yalda, glad to see you around here... I remember you from the K-1 process.
 
I sent our package using FedEx to the Sky Harbor Circle address.

OMG I'm in shock friends!!! The letter that came in the mail today from USCIS is my wife's extension letter!! Indeed it's an 18 month extension.
 
I'm sooo happy right now!
 
The only little bad news is that only one letter came for my wife and nothing for my two stepsons. So Monday morning I'll probably be calling in to see about theirs.

OMG I'm in shock friends!!! The letter that came in the mail today from USCIS is my wife's extension letter!! Indeed it's an 18 month extension.
 
I'm sooo happy right now!
 
The only little bad news is that only one letter came for my wife and nothing for my two stepsons. So Monday morning I'll probably be calling in to see about theirs.

OMG, the letter is the extension letter! Wow!! That was sooo fast!! They received our packet last Friday.
 
But yes, nothing for my two stepsons. So I'll probably be calling in on Monday and see what they say about that.