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Filed AOS 2003 can I file a joint return?

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Filed AOS 2003 can I file a joint return?

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Old Dec 15th 2003, 2:22 am
  #1  
nizwa
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Default Filed AOS 2003 can I file a joint return?

what is my spouses status" alien non resident adjusting status to
conditional permananet resident?" I understand you can make the election
to file as resident for the entire year 2003 then file jointly

ERWIN
 
Old Dec 15th 2003, 2:59 am
  #2  
Kristin
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Default Re: Filed AOS 2003 can I file a joint return?

Erwin - Yes, the IRS does not require your wife to have completed AOS to
be treated as a resident alien for tax purposes. You need to read the
IRS rules on this. Do a search at www.irs.gov on "alien" and you'll get
lots to read. But remember - if you elect to treat her as a resident
alien, she must declare (and then deduct) her foreign income, up to
$80K, even though she didn't live in the US when it was earned. If she
earned less than $80K it shouldn't impact your return much, except to
reduce the amount of some tax breaks/deductions you might qualify for.
But it usually works out in your favor (for once) despite that. For
example, my husband worked in Canada for 10 months, here for two. We
declared his income, which we then deducted out (it was much less than
$80K). It meant I couldn't take the full deduction for my educational
loan interest but we still got a $4K refund! So it's worth doing the
extra work and declaring the $$. Good luck. Kristin

[email protected] wrote:
    > what is my spouses status" alien non resident adjusting status to
    > conditional permananet resident?" I understand you can make the election
    > to file as resident for the entire year 2003 then file jointly
    >
    > ERWIN
    >
 
Old Dec 20th 2003, 7:50 pm
  #3  
Mrraveltay
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Default Re: Filed AOS 2003 can I file a joint return?

Kristin wrote:

    > Erwin - Yes, the IRS does not require your wife to have completed AOS to
    > be treated as a resident alien for tax purposes. You need to read the
    > IRS rules on this.

Not only that, but she wouldn't even have to live in the US to be
considered a resident for tax purposes if the spouse is a USC living in
the US.
 

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