<p>What about the mom? What does Cal consider her residency to be? </p>
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Not correct F2555 is used by Americans who live and work outside the United States to exclude all or part of their foreign-source wages and self-employment income from the federal income tax </p>
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<p>Of course, wouldn’t that carry the implication of living and working outside of California (since California is in the US) to a UC registrar determining whether the person is a resident of California?</p>
<p>In what state did you attend high school?</p>
<p>OK…so dad and son are likely U.S. Citizens. What about mom? Did all of you live out if the country until you matriculated in CA.</p>
<p>OP, you need to talk to whoever at Berkeley deals with these things and find out precisely what is knocking you out of residency status and how that can be fixed. Ask if your parents filing married but separate forms would make a difference. But find out exactly what the issues is and suggestions on what could be done to fix it. </p>
<p>But if the parents are married, what difference would the tax filing status make. </p>
<p>Does your dad provide the majority of your financial support Did you reside in his country of residence prior to moving to CA? Is that where you graduated from high school?</p>
<p>I’d your mom’s income sufficient to support her living in CA, or is she dependent on receiving large funds towards her living expenses from your dad.</p>
<p>If your mom is earning a small amount, and support is coming from your dad, it could very well look like this living in CA for your mom is SOLELY for the purpose of going instate tuition status.</p>
<p>The info I have read is that the family must have their domicile in CA, with the intention of remaining there. The college may very well view this as NOT a permanent domicile in CA.</p>
<p>There have been students on this forum who have asked if they will gain instate status IF one parent just gets a room, or a small apartment in CA…but the bulk of support, and their true residence is elsewhere. Posters from CA have resoundingly said NO to this plan.</p>
<p>ETA, there was a recent thread here from a dad who resided in Washington state, but wondered if he could just get an apartment for his wife in CA…oh…and then could his son get instate tuition after the first year. The response was NOT likely. And he said his wife would be working also.</p>
<p>OP, the Dream Act is for young people whose parents brought them to the U.S. as children and who do not have legal status to live here. Do you have citizenship, green card, or a visa to live here while you go to school?</p>
<p>I think we need more answers…</p>
<p>does the mom, dad, student have citizenship, green cards, or visas?</p>
<p>does the dad also have an address in another country? do you own that home?</p>
<p>do you own the home that your mom lives in?</p>
<p>Seems to me that if the parents were separated all this nuttiness would go away. Not suggesting that they do, but it sure would be tempting.</p>
<p>If the dad is filing a F2555, he is a citizen residing overseas earning foreign income, I believe. He is excluding at least a portion of that income for U.S. Tax purposes. This is fine, and is allowable for folks who are residing and working in another country. </p>
<p>The biggest question…is the mom’s income sufficient to support herself in CA, or is she there JUST to establish residency with the bulk of her support, and this student’s support, coming from the parent living elsewhere.</p>
<p>Why DID the mom move to CA? Was it to establish a permanent domicile? </p>
<p>If we are asking all of these questions, it is highly likely that the UC in question is asking the same questions. </p>
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Ask the tax adviser if your parents filed CA 540 or CA 540NR?</p>
<p>Parents don’t have to necessarily separate but file separate returns as married. There are a number of reasons for which people do this, The option is there for a reason.</p>
<p>Yes, they could file their taxes separately. But I’m not sure this is going to have ANY impact on a request for instate tuition status. The mom will be filing “married filing separately”. The school is going to want to know where the dad is. They aren’t that gullible.</p>
<p>The 255 can be used by both US citizens and legal permanent residents. Filers choose between two residence categories: Bona Fide Residence (I really do live outside the US) and Physical Presence (I’m outside of the US just because of my job). The OP needs to find out which option his father chose, and go find out what that means for in-state residency purposes. If the option is Physical Presence, the OP should be able to make a stronger argument that the working overseas is only temporary, and that the family’s true domicile is CA.</p>
<p>I’m working at a public accounting firm in the tax department, and this makes me think of a tax return I prepared last week…</p>
<p>A married couple with older children were adamant that they file separately. We live in a community property state, so technically, we have to split up the income 50/50, regardless of who earns it, so it’s rare to do a married filing separately. But then the wife proceeds to tell us they have two separate residences and don’t live together, pay for everything separately, etc. even though they are not estranged. Technically, their situation allows for one parent to file Head of Household and the other as single, as they didn’t live together at all (supposedly).</p>
<p>And of course, after reading tons of threads here, I squished my eyebrows together and wondered if they’re trying to pull some FAFSA trick. If they file Head of Household and Single, would the college even have any idea there’s a spouse somewhere probably capable of contributing? Could they do this indefinitely? Are they even telling the truth about their situation?</p>
<p>Anyway, if the mother and father in this posting are living separately, it may be worth checking into to see if they can file taxes separately as head of household or single. Obviously wouldn’t relieve them of reporting additional financial support coming to mom, but it might more easily solve the residency problem and avoid any married filing separately penalties.</p>