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US Immigration from Germany

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Pages: 1 2 3 Last   (Viewing page 1 of 180 ) - topics in the last 3 years
Substantial Presence Test or Double taxation treaty?
11:09 am today


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1 Replies


I have a question in regards to taxation in the USA. Let`s assume following situation:

a) A German National can visit the USA on ESTA for extended periods during the Visa process. In fact, 5-6 months is not a problem per year with enough breaks inbetween.

b) On the 3. year, before receiving the green card, the German national passes the substantial presence test, as outlined by IRS:


c) However, the person has never worked in the USA, or received payment from US sources. All income is generated during the time outside the USA back home in Germany.

d) While passing the substantial presence test, the person has never spend more than 6 months in a year in the USA. Therefore, based on the double taxation treaty of the

two countries, the person would NOT be a tax resident in USA and would not own taxes on non-us source income.

You can not claim under US law a close connection to a foreign country during a green card process:


When You Cannot Claim Closer Connection to a Foreign Country

You cannot claim you have a closer connection to a foreign country if either of the following applies:

  • You personally applied, or took other steps during the year, to change your status to that of a Lawful Permanent Resident, or
  • You had an application pending for adjustment of status to Lawful Permanent Resident during the current year.

What prevails? The substantial presence test of the IRS or the double taxation treaty?

In my opinion, the Non Resident Alian will be required to submit a tax return in the USA once he passes the substantial presence test, but would not be subject to taxation

based on the double tax treaty. Please confirm / disconfirm.

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12:37 am today


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6 Replies

Hey y'all,

I would like to introduce myself:

I am Rebecca, 27 years old and I moved from Germany to the US last year in January on a K1 visa.

My now husband and I met when he was stationed there with the US- Air Force.

I am currently waiting for July next year when it's time for me to start my Removal of Conditions.

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Working remotely
12:38 pm today


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4 Replies

Hey guys,

when filing for AOS and waiting for the EAD/GC, is it possible to work remotely for a company/freelance in your home country and being paid in your home country?

Any insights are greatly appreciated.



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11:52 am today


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6 Replies

Hey guys,

I have several questions and hope you guys can help me out a bit.

My fianc and I are about to start the visa application process but don't know exactly how to approach it yet.

I am from Germany and studied in the US where I met my now fianc . I finished school last year in May and then started an OPT that ended in May 2018 due to the company I was working for losing business.

I had to go back to Germany and we are currently planning how to best approach the situation. I am currently still holding a J-1 (valid through Dec 31, 2018) Visa but my Sevis expired when I lost my job and now I have several questions:

1. Does the fact that I still technically have a J-1 pose any problems when applying for a K-1

2. Would it be from a timeline perspective be smarter to apply for a K-1 or to enroll in school again on a J-1/F-1 which would allow me to work after going to school for 1 year and then just file for AOS while being in school.

3. Does anyone know if I can travel to the US through ESTA while having a pending K-1 application.

I know this is a lot and I really appreciate any form of help.



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Wrong consulate location?
11:28 pm today


Read 110 Times
5 Replies

Hi there,

I filed the fiance visa in February. My fiance lives in Germany and I put Berlin down as the consulate because I just assumed that was correct. Turns out Frankfurt is the only German consulate that processes K1 visas. Will this hold anything up in my application?

Also, my fiance is a citizen of Ireland but has lived in Germany for 20 years. Does that pose any kind of problem? Was I supposed to put an Irish consulate down? I'm panicking now...the wait is getting to me I guess!

Thanks so much!

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