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arrowMilitary Spouses Residency Relief Act (MSRRA) for immigrants
December 7, 2016, 12:33 am Last comment by Damara

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My spouse in Active Duty and I applied for the GC while he was stationed in Nevada. My GC wasn't issued yet (long wait), and we moved to California. He fills state taxes for Washington. 

Now I am starting a job here in California and I am confused about the State of residency for tax purposes.


According to "FTB Publication 1031 Guidelines for Determining Resident Status" I don't qualify as a resident from California, as I am Present in the state temporarly. 

Plus, according to" FTB Publication 1032 Tax Information for Military Personnel", "Under the MSRRA, the income of a nonmilitary spouse of a military servicemember for services performed in California is not considered to be from sources within this state if the spouse is not a California resident because the spouse is in California solely to be with the servicemember serving in compliance with military orders and both have the same out-of-state domicile." And "Domicile is defined as the one place: • Where you maintain a true, fixed and permanent home. • To which you intend to return whenever you are absent."


So, I meet two of the tree requirements to qualify as MSRRA, for sure: 

- Resides in the state solely in order to live with the servicemember
- The servicemember is present in the state in compliance with military orders
But there is a gap for the third requirement, which is: have the same ou-of-state-domicile. Because I actually don't have a domicile in the United States, neither I qualify for a residency in California.
Could anyone give me some advice on this?
What determine my State of residency for tax purposes if I am an immigrant military spouse and everywhere I live is temporary and is not for "domicile"?
Can I choose my husband's state for tax purposes even if I never lived there?
Please provide the laws/acts or the source where you got the information. I just want to make sure I am doing the right thing.

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arrowFees Were Waived ?!?!
December 5, 2016, 11:51 pm Last comment by G&O7
Jabuticaba 1

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I'm wondering if that's a common mistake or error....


My biometrics had been done with today, when I checked the second receipt of my case (listed in my biometrics appointment notice letter)


that's what it says:







Fees Were Waived

On November 14, 2016, we received your case and waived the filing fee for your Form CRI-89, Petition to Remove Conditions of Permanent Resident Status Received, Receipt Number *****. We mailed you a notice describing how we will process your case. Please follow the instructions in the notice. If you do not receive your receipt notice by December 18, 2016, please call Customer Service at 1-800-375-5283...






What does that mean? waived fee? we didn't request for that and i'm sure our personal check got cashed

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arrowDoes this case fall under AWA?
December 5, 2016, 11:42 pm Last comment by Damara

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Hello, this is my first time posting so excuse me if I am posting on the wrong sub forum. I have concerns about my husbands prior conviction falling under AWA:


He plead no contest to a false imprisonment charge over 10 years ago (he was 18 and his girlfriend at the time was 17). This was a non-violent, non-sexual crime and he was never registered as a sex offender. He completed successfully 3 years of probation for this.


Is there chance of this being considered under AWA act since she was 17 at the time? We are married and live together so we are applying for AOS. Thoughts please?!

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arrowBirth Certificate or NABC where to get?
December 5, 2016, 10:20 pm Last comment by Ryan H

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I'm from Brazil and my spouse is already US Citizen, but born in Hungary.


We are starting the process to get my Green Card.


She does not have her birth certificate, probably lost.


She has the US naturalization document and US Passport, is there a place where can she try to get a copy of her birth certificate here in USA?


She also has previous marriage dissolution decree and a school document from Hungary.


What should we do?


Thank you for all help

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arrowUSCIS says "funds not available" but bank acccount has the money
December 2, 2016, 9:36 am Last comment by JFH

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Something weird just happened. I sent the form I-130 for my mom along with the payment. Just checked my case status and it says:

"On December 1, 2016, the check you used for payment for your Form I-130, Petition for Alien Relative, Receipt Number XXXXXXXXXXXX, was returned by your bank for insufficient funds."

That's weird because I have more than enough money to cover the fee and when I checked my account it doesn't even show any record of check deposited.

I'm guessing this is an error, did anyone went through this before and was an error caused from USCIS?

I guess I should not panic about this.

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