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Stay Permanently in the US: Green Card and Tax Returns

Updated: May 23

Are you an expat married to a U.S. citizen and considering a green card? Tax documents are a key part of the application process, but don't worry, this article will explain everything you need to know.

Why do tax returns matter?

A green card lets you live and work permanently in the United States. When you apply as a married couple, your U.S. citizen spouse sponsors you financially. To prove they can support you, they need to provide tax documents with their green card application (Form I-864).


What tax documents do you need?

  • Your spouse needs to provide: Tax returns for at least the past year (usually the last calendar year) and potentially up to the last 3 years (Form I-864). This shows they meet the minimum income requirement to sponsor you.


  • You (the green card applicant) don't need to provide tax documents: Only your sponsoring spouse needs to submit tax information for Form I-864.


What if my spouse didn't file taxes?

If the sponsoring spouse didn’t file taxes in the previous year, they must provide an exemption letter as part of Form I-864 explaining why they didn’t file taxes. The letter should state that the sponsor’s income was below the minimum income required to file in previous years, and therefore, they did not file a federal tax return for those years.


Need help? We're here for you

Understanding tax documents can be confusing, but don't let it slow down your green card journey. Del Sol CPA Services can help with the US back taxes filing to ensure your tax documents are complete.

 

Tax tips for new green card holders

Getting your green card is exciting! Here's a quick rundown of what to know about taxes in your first year as a permanent resident:


1. Filing requirements

You'll need to file a U.S. tax return if your income meets the minimum filing threshold (e.g., USD 13,850 for Single filers under 65 in 2023) in the year you received your green card, regardless of when you got it. So, if you received your green card in December 2023, you'd file for tax year 2023 during the 2024 tax season.


2. Deductions and credits

Green card holders enjoy the same tax benefits as U.S. citizens. This includes claiming the standard deduction, itemizing deductions if it benefits you more, and potentially excluding some foreign-earned income.


3. Filing deadlines

The deadline to file your tax return is April 15th of the following year, just like for U.S. citizens. For example, if you got your green card in 2023 and earned income that year, your tax return would be due by April 15, 2024.


4. Which forms to file

The specific forms you need depend on your income sources and filing status. Common forms include the 1040 for your main return, and schedules like A (itemized deductions), B (interest/dividends), or C (self-employment income). There are also forms for claiming foreign tax credits, earned income exclusion, and reporting foreign financial assets.


Remember, this is just a general overview. For personalized tax advice, consult with a CPA professional.

 

Don't worry if tax forms seem complex! 

If you have questions or need help navigating the process, Del Sol CPA Services is here for you. Contact us today to ensure a smooth transition to filing your US taxes.


Copyright © 2024 by Del Sol CPA Services


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