Question

Should I file foreign income form? I am Polish and I had worked in Poland prior to moving to the States in Feb 2019. I quit my work right before I moved in Feb 2019.

Forum|Forum|6 years ago
April 24, 2020
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TurboTax Self Employed Online

Employee

@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 ?

W

wade-stephensAuthor

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?

P

pk12_2

Employee

@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.