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@wade-stephens , what visa did you come in with ? How many days did you spend in the USA ( for any reason during 2017, 2018 and 2019? Are you married and if so to US citizen/Resident or Non-Resident Alien ?
Hi pk,
I moved to the States on K1 fiance visa in Feb 2019. I have lived here since then. I spent 4 months in US in 2017 and 1,5 a month in 2018. I got married to a US citizen in April 2019 and have been issued a green card in Feb 2020.
I am very confused with the form 2555. I had lived in Poland in my parent's house since I was born. So I guess I answer yes to the question about family members living with me?
Also, I worked in US for 3 months from Aug 2019 - Nov 2019. In November I have been offered a different job and decided to take it. I visited my family in Nov/Dec 2019 prior to starting the new job. Is my Aug-Nov job considered "on business" in US even though I have lived here since Feb 2019?
@wade-stephens I am not sure I understand everything here -- so let list what I get :
(a) you were in the USA 2017 (120 days ), 2018 (45 days ) and 2019 ( April 2019 through the end of the year )
(b) you are married to a US citizen
(c) during the period Nov & Dec 2019, you were back in Poland , visiting
(d) you now are a Resident ( Green Card --Feb 2020 )
As I see it for 2019 you would be a Resident for Tax purposes --- You would have passed the Substantial Presence Test sometime in { 1/6 of the days present in 2017 plus 1/3rd of the days in 2018 plus all the days present in 2019 ) July of 2019. Thus for the test period starting with entering on K visa you would be filing a Resident return for 2019 on form 1040 ( supported by TurboTax). You are being taxed on world income and so I do not understand why you are looking at form 2555 which is for US Expats living and earning abroad , trying to exclude foreign earned income from US taxes. From your post you do not have any foreign earned income to exclude. Please explain what you are trying to do.
As you were only a part year resident of the US in 2019, you would be considered a dual-status resident, part year nonresident and part year resident which would entail filing a dual-status tax return.
However, since you are married, you can file a full year resident return with your spouse by attaching a signed statement to your return before filing.
If you are a dual-status alien, you can choose to be treated as a U.S. resident for the entire year if all of the following apply.
• You were a nonresident alien at the beginning of the year.
• You are a resident alien or U.S. citizen at the end of the year.
• You are married to a U.S. citizen or resident alien at the end of the year.
• Your spouse joins you in making the choice.
If you make this choice, the following rules apply.
• You and your spouse are treated as U.S. residents for the entire year for income tax purposes.
• You and your spouse are taxed on worldwide income.
• You and your spouse must file a joint return for the year of the choice.
Please see IRS Publication 519, page 8 for the wording you need to use for the statement you both sign and attach to your return. You can search for it on IRS.gov website. Please see the section on page 8, Making the choice. You will need to print and mail your return to the IRS with the statement attached. You cannot e-file.
As you will be filing as a full year resident, you must declare your worldwide income for the entire 2019 calendar year. You will need to declare your Polish wages at the beginning of 2019 and use foreign tax credit to help offset double taxation. See the below steps for entering your foreign wages and foreign tax in TurboTax.
To enter your Polish wages in TurboTax, you need to:
Now your foreign wages have been entered into the software.
How do I print and mail my return in TurboTax online?
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