casprd

I know with the VWP, exiting the US to any contiguous country or the carribean doesn't restart the 90 day window. I would imagine it is the same for a the multi entry B2 visa.

nevermind, I found the relevent page on the IRS site Nonresident Spouse Treated as a Resident

Anything other than this basic statement, and our names that needs to go in the letter? And should it actually say that we both want to be treated as resident aliens or just that she wants to be treated so since I am the USC and a resident. thanks

perfect. that was just the detail I needed. thanks.

Sorry, that was the way the Accountant asked the question. By W2 income, is it reported as normal wages just as we would report our wages on a W2 or is it more like self employed income where additional taxes are taken out or is it some other income?

Trying to make heads or tails of this whole process and have one question not really covered yet. How do I class my wife's income in China? (she is still a chinese resident as we are at the NVC step of the process). Should it be normal W2 income, Self Employed income or some other type of income? Don't really want to go the whole 2555 route as it is much too complicated given she makes less than $3000 a year. I do have a certified/notarized/translated copy of her passport and birth certificate. Do I need to have her get a new copy notarized at the Chengdu consulate instead? or is that just a precaution given how anal Uncle Sam and the IRS in particular can be? Also, is the power of attorney form just a state thing? I have found one for the oklahoma tax commission but nothing for the feds yet. thanks

Doesn't matter what country they are from. If it is not a VWP country then the VO's are instructed to treat every application like an intending immigrant. Even though the news tries to make it out as the illegal immigrants are people sneaking across the mexican border, the vast majority are people who came on a visa and stayed. The system is crazy and stacked against all of us who are trying to follow the rules.