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Adjustment Portability Foreign nationals who are awaiting completion of their employment based green card applications through Adjustment of Status (AOS), may be eligible for adjustment portability.
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Adjustment portability allows a surviving spouse to use any unused estate tax exemption of their deceased spouse.
The executor of the estate of the deceased spouse is required to file for adjustment portability.
Adjustment portability is filed using Form 706 - United States Estate (and Generation-Skipping Transfer) Tax Return.
The purpose of adjustment portability is to allow a surviving spouse to take advantage of any unused estate tax exemption of their deceased spouse.
Information about the deceased spouse's estate tax exemption and any unused portion that the surviving spouse wants to use.
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