kaipo
Returning Member

Foreign Income from foreign spouse

Hi,

 

Last year, I married to my foreign spouse. She still works and lives in her home country while waiting for GC process. If I file tax as married jointly, I understand that I have to report her worldwide income. In turbo tax, I see that it is possible for a nonresident alien spouse of a U.S. citizen to be treated as an a U.S. resident alien. So if this is true, it meant she might be qualified for the Foreign Tax Income Exclusion right?

 

If the answer is yes, here is the next question, last year she came visit and stay with me from 04/2023 to 06/2023 for 3 months. In order to qualify for the FEIE and pass the substantial presence test. They say it can any 12 month periods that begins or ends during the tax year. So if I start from 07/2023 to 07/2024 would this be qualify assuming she stays in her home country the whole time during that period excepts 2 weeks for a vacation in another country.

 

Thanks