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lauribmw

Taxes before work visa issued-please help!

By lauribmw in Moving to the US and Your New Life In America

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lauribmw Rookie

lauribmw   0

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Filed: K-1 Visa Country: Brazil
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My husband moved to the USA in october 2011 on a K-1 visa, we were married in november 2011. He recieved work authorization around february 2012 and his green card in march 2012.

The company he was working for in his home country Brazil, also has offices in the USA. The companies are linked, but are seperate. When he moved, the USA company allowed him to transfer, but of course could not pay him until his work auth was approved. In the meantime, he was working at this company in the USA as a link between Brazil and the USA, still helping the Brazilian company, but stationed in the USA.. Since he was working, the USA company then paid him by invoice up until his work auth was approved, then switched him to payroll.

This is where it gets tricky! Do we file for taxes in 2011 for the couple of months he was getting paid by invoice? If so, how do we file? As a contractor, or self employed? Im so confused! Please help!!

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sheeshkabelle Proficient

sheeshkabelle   153

Posted
Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
Posted

My husband moved to the USA in october 2011 on a K-1 visa, we were married in november 2011. He recieved work authorization around february 2012 and his green card in march 2012.

The company he was working for in his home country Brazil, also has offices in the USA. The companies are linked, but are seperate. When he moved, the USA company allowed him to transfer, but of course could not pay him until his work auth was approved. In the meantime, he was working at this company in the USA as a link between Brazil and the USA, still helping the Brazilian company, but stationed in the USA.. Since he was working, the USA company then paid him by invoice up until his work auth was approved, then switched him to payroll.

This is where it gets tricky! Do we file for taxes in 2011 for the couple of months he was getting paid by invoice? If so, how do we file? As a contractor, or self employed? Im so confused! Please help!!

Did they give him a 1099misc or a W2?

Or did they invoice him and let the Brazil part of the company pay him?

1099misc he uses as an independent contractor

1099 is self employed contractor

W2 is wage and earning statement for employees

IF they did not issue any of those to him he should claim the money on Schedule C as self-employed sole proprietor.

Any of those could mean trouble if he was working with out an EAD

If they paid him through the Brazilian branch he claims it as foreign income.

USCIS- 260 Days

6/8/11~ Mailed I-130 Application, withdrew Canadian PR application
6/16/11~ NOA1 email and text message Case routed to CSC (Priority Date)
7/12/11~ The 'Money Order' Incident/Returned to Tennessee
8/03/11~ TOUCHED!
3/2/12~ APPROVED! NOA2!

NVC Electronic Processing- Montreal- 19 Days

3/21/12~ Received case number & IIN 20 Days after NOA2
3/21/12~ Sent in opt-in email
3/22/12~ Opt-in accepted
3/23/12~ DS-261 Submitted, never accepted
3/29/12~ AOS bill invoiced and paid
3/30/12~ AOS shows PAID- AOS Package emailed/received, DS-3032 emailed/accepted
4/2/12~ IV bill invoiced and paid
4/3/12~ AOS Checklist documents emailed(first time)
4/4/12~ IV shows PAID- DS-260 submitted/ IV Package emailed/received
4/4/12~ AOS Checklist documents sent again for CYA (second time)
4/5/12~ IV package accepted! No Checklists!
4/6/12~ AOS Checklist emailed(third time)
4/9/12~ AOS packet accepted (finally)
CASE COMPLETE!!

Interview 354 days from NOA1/ 362 days from initial filing date
5/29/12~ Medical@ Medisys, Montreal
6/4/12~ Interview APPROVED!!!
08/07/2012~ POE Emerson, MB/Pembina, ND by land
08/09/2012~ HOME!! 424 days from initial filing date!
08/14/2012~ SSN Received
09/10/2012~ Received Green Card

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