Dual Status Alien Married to US Citizen - Need Help with Statement for Joint Filing

Does this mean they don't have to file the dual status return with both 1040 and 1040-NR forms? I thought dual status aliens always had to do that complicated split-year reporting thing?

Thank you so much for this clear explanation! That example statement is really helpful. One quick question - do we need to include any specific information about when I entered the US or my visa status in the statement? Also, for the social security/ITIN part, I actually just received my SSN last month. Would this affect anything?

That's exactly right - by making this election, you avoid having to file the split-year return with both forms. The whole point of the 6013(g) election is to be treated as a full-year resident, which simplifies things considerably. No need to include entry dates or visa status in the statement itself - keep it simple with just the basic declaration. And congratulations on getting your SSN! Just include that new number on your forms and in the statement. The timing of when you received it doesn't matter for this election. Just make sure both of you sign the statement and attach it to your joint 1040.

This sounds really helpful! Did it also help with figuring out any foreign tax credit stuff? I have some investment income from my home country and never know how to handle that correctly when filing.

I'm a bit skeptical about these tax AI tools. How does it compare to just having a CPA do it? Do you still need to know what forms to file or does it actually walk you through everything?

It absolutely helped with the foreign tax credit calculations. You just upload your foreign tax documents, and it identifies which income qualifies for the credit and calculates the right amounts for Form 1116. It was much easier than trying to figure it out manually. The platform actually guides you through the entire process. You don't need to know which forms to file in advance - it asks about your situation (income sources, visa status, etc.) and determines which forms you need. It's more interactive than a static CPA consultation because you can ask follow-up questions as you go through each section.

How does this actually work? Seems too good to be true that they can somehow get you to the front of the IRS line when everyone else is waiting hours.

I don't buy it. The IRS is completely overwhelmed right now. There's no way some service can magically get you through faster than everyone else. They're probably just charging you for something you could do yourself.

It's not about getting to the "front of the line" - they use technology to navigate the IRS phone system and secure your place in the callback queue. When you call the IRS directly, you often get disconnected or have to wait on hold indefinitely. Claimyr handles the initial navigation and waiting period, then notifies you when the IRS is ready to talk. I was skeptical too, but the reality is I had been trying for two weeks to get through on my own with no success. With Claimyr, I got actual answers about my dual status filing from a real IRS agent within an hour. It's not magic - it's just a more efficient way to handle the most frustrating part of the process.

That's a really important point I hadn't considered! Do you know what the threshold is for having to report foreign accounts? I still have a savings account back home with maybe $8,000 in it, plus a small investment account with about $5,000. Would I need to report these?

The threshold for FBAR filing is $10,000 aggregate across all foreign accounts at any point during the year. So if the total between your savings and investment accounts exceeded $10,000 at any time, even for a day, you'd need to file the FBAR. For example, if your savings had $8,000 and investments had $5,000, that's $13,000 total, so you'd need to file even though each individual account is under $10,000. It's about the combined total. And by making the 6013(g) election, you're considered a resident for the entire year, so you'd need to report accounts for the full year, not just after you became a resident.

Does this mean you still have to file tax returns in your home country too? That sounds like a paperwork nightmare!

It depends on your home country's rules. Many countries have their own requirements for non-resident citizens. In my case (from the UK), I still had to file there for the income I earned while physically present, then file in the US for my worldwide income for the entire year. The US-UK tax treaty helped prevent double taxation, but I still had to file both places. The foreign tax credit on my US return essentially gave me "credit" for taxes already paid to the UK. Not all countries have tax treaties with the US though, so your situation might be different. Definitely worth researching your specific home country's rules!

That's a really practical tip about writing in red ink - thank you! How exactly would we terminate this election in the future if needed? Is there a specific form or another statement we'd need to file?

You'd terminate the election by filing another statement with your tax return saying you're revoking the Section 6013(g) election. There's no specific form - just a signed statement from both spouses. The election also automatically terminates if: 1) either spouse dies, 2) you get legally separated or divorced, 3) either the IRS or you terminate it because of inadequate records, or 4) you become a US citizen or resident alien through other means (like getting a green card). If you're planning to stay in the US long-term, you probably won't need to worry about terminating it.