Migaloo

33 minutes ago, Wuozopo said:

@Migaloo

 

I can’t answer because I don’t understand your family situation. You have no timeline or profile filled out. It’s wasting our time to keep trying to dig it out.

K1 fiance

Married you

Greencard?

Left the US and can not come back?

Lives in what country now?

You said she lived in another state besides your state. Now you say she didn’t.

K1 fiance married me but left the US before getting the green card. Lives in Brazil but only lived in one state with me here in the US.

18 hours ago, gregcrs2 said:

K1 is for a fiancée, not a spouse.  Your post is very confusing.

My fiancee came on a K1 visa and we got married and my spouse got a SSN as well. I am visiting my spouse in their country so I am trying to do my taxes while visiting as the taxes require a wet signature.

18 hours ago, Wuozopo said:

If you married in 2019 then a joint return is possible. But clarify why you call your spouse a K1 fiancé. 

I meant to explain how my spouse came to the United States in case that mattered.
 

If you choose to treat your spouse as a resident, then that requires a statement signed by each of you to be mailed with your printed paper return. Are you familiar with this requirement? Yes. I have a similar statement that is provided by this forum.
 

So...by choosing to treat your spouse as a resident for tax purposes, to the IRS and TurboTax you answer that she is a resident of your state. This isn’t about her immigration  status. It is about how the IRS views her for tax purposes. Your election statement you will submit says she will be considered by the IRS as a resident alien for the entirety of 2019. If she lived in another US state during 2019, then name it. That is just TurboTax’s way to figure out if she owes state income tax to another state. 
 

Sounds like you are in the questions to determine if she qualifies for the foreign income exclusion as a bonafide resident of her country. So she became a bonafide resident on the date of her birth. What country? Your profile is not filled out. I have not gotten to the foreign income exclusion part yet. I am in the personal info.
 

If you are not in the Foreign Income section, then you will be asked that when you get there. TurboTax has that in their last Income section called Less Common Income. 
 

If you are still in the Personal section, then go back and fix the question asking if she is a resident (yes because you are choosing for her to be) and it will modify what other questions it asks. It should no loner ask about her foreign residence in the personal section.. Start the entire section over and answer in order.  So to clarify I was wrong to select foreign for state of residence... and therefore put the state where my spouse lived for some months and select no that my spouse did not live in another state in 2019 since my spouse did not, and then I do not have to answer the questions about previous state of residence and the date became a resident of foreign country. 

I am married, but my K1 spouse now lives in another country. My spouse does not have a green card and is not a resident, but want to treat as a resident. My spouse has a SSN. I have a few questions about the taxes.

1. Under Personal information the software asks for state of residence (Foreign or other U.S. Possession makes sense here as my spouse is living in another country). However, the software asks if my spouse has lived in another state in 2019, which my spouse did for some months. This is a yes or no question and it seems like yes is the way to answer since my spouse has lived in a state. Is this correct?

2. The software also asks for the previous state of residence (state where you lived before moving). My spouse never became a resident, but has lived in one state in the USA. But I am not sure about this question.

3. The software lastly asks the date my spouse became a resident of the foreign country. This is confusing since my spouse has been a resident of the other country my spouse's entire life.

4. I am not sure if my spouse has interest from a bank account (Perhaps only has a checking account), but how is a foreign bank account's interest reported since a this bank won't have a 1099-INT?

I understand that with Turbotax in order to input my spouse's foreign income you search for foreign income and click on jump to and answer the questions. Then the software will ask more questions to see if my spouse qualifies for any deductions or credits. Is there anything else I might be forgetting?

Thanks.

10 hours ago, arken said:

He is clueless. If your spouse has the SSN or ITIN, then you can file MFJ regardless of where your spouse lives.

Thanks! This is what I had understood. I also believe already having an SSN will make it easier.

10 hours ago, missileman said:

The tax "professional" is incorrect.  Ask him to show you a reference for that statement.......If your spouse has a SSN, then you can file a joint return.  Remember, both spouses must report world-wide income for the entire tax year if filing jointly.

Thanks. I asked and he said he had called the IRS. But I have doubts that he has done that.

My spouse would have made an equivalence of less than $4,000 in 2019. I earned more than $100,000 so I am thinking it will be advantageous to file jointly.

10 hours ago, geowrian said:

They (the tax professional) are incorrect. Direct them to this: https://www.irs.gov/individuals/international-taxpayers/nonresident-alien-spouse

Thank you for the link.

9 hours ago, DeParaquedasBrasi said:

You yourself answered your own question by stating this. hahaha

Just an FYI, if your wife has a SSN then yes you can file married filing separately.

Also, If she doesn't live in the US then I wouldn't put her as a dependent. You can only claim dependents that live in America for that tax year.....it doesn't matter if you send her money.....thats why you file "separately and not "Jointly".

This is what H&R Block told me. 

Hahaha. I am starting to feel like the tax professional did not want to assist me and so gave me that response. I have never used him before.

9 hours ago, missileman said:

They can file a joint return.  

I will do so. Thanks!

My spouse lives abroad, but is not a U.S. citizen. I spoke with a tax professional that didn't know much about foreign tax returns, but he did research and he suggested to file as married filing separate. Then amending the tax return later.

My spouse got a SSN after arriving with a K-1 visa, but left the country so will have to file for another visa. The tax professional said my spouse would have to be living in Canada or Mexico in order to file jointly currently.

Can anyone confirm his advice? Him not know much about the topic makes me want to get a second opinion. Thanks

I am going to visit my spouse for a month starting almost mid February. I am thinking of taking my laptop and using Turbotax and working on taxes while on vacation there. I will be able to print it and get wet signatures on everything.

My understanding is that my spouses income from wages for 2019 will be simply recorded as foreign income, but then will also need to figure out any interest earned in bank accounts as well.

My understanding is that if needing to complete the FBAR then this can be completed anytime.

I do not think there is anything else. I know that there is form 8938, but I need to research more about that.

What do you think of completing your taxes while overseas? At first it seemed crazy to me, but it may solve many problems without having to mail documents to be signed.

13 hours ago, arken said:

Doesn’t turbotax have that option? Usually you can have your Name as signature on these sort of digital filing.

I believe Turbotax has that option for digital filing. However, I am now concerned with the letter or statement we have to attach to the filing stating to treat a nonresident alien as a resident for tax purposes.

10 minutes ago, Paul & Mary said:

So he abandoned his AOS?

 

NON resident Alien and Green card holder do not go together.   

 

Sounds like you are filing MFS - Double check with a tax professional

He abandoned the AOS and thus has no green card.

2 hours ago, H&T said:

Your foreign spouse need to apply for ITIN in order to file MFJ. This link will show you how to apply for ITIN:https://www.irs.gov/individuals/international-taxpayers/taxpayer-identification-numbers-tin

If it too complicated , you can file MFS( you have to mail tax return to IRS) and amend it later after your spouse immigrate to USA.

I don't know how your foreign spouse has a SSN.

Essentially came over on a K-1 visa got married and got a SSN. But left the country and will have to file paperwork again.

2 hours ago, arken said:

If your spouse has a SSN, the you can file it online like thru Turbotax. No signature either from you or your spouse is required when filing online.

That sounds great, but what about the the statement that is signed by both that is "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"

Thanks

My spouse is a nonresident alien that has a SSN. I want to file as MFJ as I will save thousands. I plan on using Turbotax. In the threads I have been reading all the spouses do not have a SSN. Sorry if this is a duplicate post.

However, I know will have to attach a letter staying to treat my spouse as a resident for tax purposes.

Also, will have to fill out FBAR and form 8938. FBAR is done online, and turbotax has form 8938?

However, with my spouse being overseas, does everything require a wet signature (Tax return, form 8938, etc)? Will I have to print out everything and mail it for him to sign and then him mail it back?

2 hours ago, C90 said:

Unfortunately it happens more often that the I-94 doesn't get updated correct. Check https://help.cbp.gov/app/answers/detail/a_id/1696/kw/not issued i 94. Although it's for 'I-94 not found', this is basically the same. You'll find the contact info on the page.

 

And yes, if the I-94 isn't updated your fiancé won't be able to get a SSN.

Do you suggest I call the closest office and explain the situation about the I-94?

Thanks

Hi!

I am wanting to help my fiance get an SSN, and my fiance arrived in the USA a little over 2 weeks ago.

The I-94 still shows the most recent entry from 2 years ago, not a couple weeks ago. So it says B2 instead of K1 on the I-94. The travel history is correct.

Does my fiance have to wait for the I-94 to be updated before applying for the SSN?

Thanks

Does anyone know how long it takes to get married after entering USA? My fiance might enter mid December, but it might be best to get married before the end of 2018 for tax purposes.  Has anyone ever gotten married a week after entering the USA?

On 9/24/2018 at 2:02 PM, p-ana said:

Are you counting the beneficiary’s income in Brazil as well? What about savings and checking accounts? Do they have property there? 

 

Edit: Last year I worked in two different states and we could not get things to work with TurboTax online so we had to hire a cpa to do it for us. And it was very complicated. And costly. I can only imagine how harder it is to report foreign income and all the hurdles with filing with someone who’s not even a green card holder. 

Yes, I am counting on his income as well. I do not think he has much money in savings and checking accounts... are you asking because of interest? He doesn't own any property. I am concerned about filing taxes being complicated, but I am hoping that saving many thousands of dollars will make it worth it.

On 9/21/2018 at 5:46 AM, p-ana said:

I’ve never had any problems with correios. People report the same problems here in the US with USPS and I’ve never had any problems with them either.

Problems and delays can happen, nothing is 100% perfect. 

Within 2 weeks after the interview seems a reasonable timeline, maybe a couple more days if there’s a holiday. 

 

On a side note, Its September and I highly suggest people hold their POE until late December so they get married next year - it will make filing taxes in Brazil and here much easier. Also don’t forget to send your saída definitiva form to the RF. 

 

Good luck to everyone. Things will happen and patience goes a long way in this whole process - remember this is just one step in a couple more to come.

 

edit: them choosing correios over another courier service had to do with them being legally obligated to. Please read https://www.google.com/amp/s/viagemeturismo.abril.com.br/destinos/dhl-informa-entrega-do-visto-dos-estados-unidos-sob-sua-custodia/amp/

Does anyone else have advice about to get married before the year is over versus waiting until January? How hard is it to file taxes? I have calculated that I will pay about $20,000 less in taxes if we get married this year.

When having your medical, did you request an additional copy of the DS-3025 form so that you could use that for AOS later on?

Hello everyone,

I haven't seen a topic about this, so I decided to create one.

My petition was sent off on December 1st, and I received my text and email today.