pk
Level 15
Level 15

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@KingOfSting ,   first an apology for delayed response -- I had  not visited the site for  more than two weeks.

 

Second --- given that you are US citizen and your spouse  is a Non-Resident Alien  -- you can always file  jointly and attach a note  signed by both of you to say that  your spouse wishes to be  treated as a resident for tax purposes.  That should  work , especially since she still has SSN   ( it does not automatically die out, especially if used ).

Third -- the issue with filing 8854, is that it is really not meant for the case where one spouse is a citizen and the other spouse NRA while filing jointly. This is because by filing jointly, you have met all the filing requirements   and tax obligations  that 8854 wants to track and collect.  Therefore, my view would be to follow the  path outlined above and file jointly, especially when she has no  world income and avoid the complications / accounting of 8854

Fifth --- following he joint filing you would probably also make  her coming back and re-establishing GC  in the future  ( i am guessing here )

Sixth --- I am troubled by your not paying Social Security/ Medicare taxes on your foreign earnings, even if you are not employed  by a US entity and therefore must bear the burden by yourself.  As I understand Thailand  has no totalization agreement with the USA and therefore there is no way to avoid  double  social security taxation.  It just means  when you retire both you and your spouse would be eligible for Social Security benefits  from both countries and taxed according to the tax treaty between the countries.

Note that this means that  your FICA taxes are like a self-employed person  ( 15.3% of wages / self-employment income, even though it may be excluded from US taxes as foreign earned income ) plus  the  3% ( ?? ) of gross that you pay in Thailand..   Also   since your wife is not a citizen of  US not Thailand, there may other things to consider ( based on her country of citizenship ).

 

Does this  cover your queries or do you need more help on this ?

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