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Jaime'n'Jenny

B-1 Required to pay taxes?

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Hello all, 

 

My wife is currently in the United States on a B-1 Visa.  We meet after she got here and married.  She is working on a B-1 because her employer is a diplomat who was in England and then brought her to the USA.  She works as their nanny.  She has been in the US for 3 years.  Does anyone know if she is required to file taxes?  Any assistance is appreciated. 

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She is supposed to be on an A3 visa to work childcare for a diplomat, not a B visa?

 

are you a usc or LPR? Is there a reason you haven’t filed an i130 for your wife? Or have you and are waiting?

 

 

Edited by SusieQQQ

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32 minutes ago, Jaime'n'Jenny said:

Hello all, 

 

My wife is currently in the United States on a B-1 Visa.  We meet after she got here and married.  She is working on a B-1 because her employer is a diplomat who was in England and then brought her to the USA.  She works as their nanny.  She has been in the US for 3 years.  Does anyone know if she is required to file taxes?  Any assistance is appreciated. 

This is what I found from a quick google search. You could always get an accountant that knows enough about this to make sure you're doing it right.

 

https://immigration.findlaw.com/visas/immigration-and-taxes-who-has-to-pay-u-s-taxes.html

https://www.goldinglawyers.com/b1-visab2-tourist-visa-u-s-tax-dangers-fbar-fatca-pfic/

 

 

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B1 is not a right visa and I'm pretty sure she has been illegal for a good 2.5 year now. B1 is for business trips etc not nanny work... 


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01.04.2014 - Interview. 

AoS

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09.2015 - Green Card received.  

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1 minute ago, Roel said:

B1 is not a right visa and I'm pretty sure she has been illegal for a good 2.5 year now. B1 is for business trips etc not nanny work... 

I'm assuming they are on a B-1 domestic worker, not a "regular" B-1.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

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I-129F

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3/22/17: RFE response received

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K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

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8/15/2017: POE

 

 

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2 minutes ago, geowrian said:

I'm assuming they are on a B-1 domestic worker, not a "regular" B-1.

MeToo


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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12 minutes ago, Roel said:

B1 is not a right visa and I'm pretty sure she has been illegal for a good 2.5 year now. B1 is for business trips etc not nanny work... 

Not true.  She is here legally. She has come and gone from the country and we have consulted a lawyer.  

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1 hour ago, Jaime'n'Jenny said:

I am a USC.  We were married this month and will be filling.  She is on a B-1 and it's all legal. 

Have you looked up her i94 online? She got a 3 year + allowed duration of stay on a B visa, really?

 

 

Edited by SusieQQQ

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I believe the minimum for filing requirement is $1400 wages earned per calendar year for B1 domestic workers, but she should speak to a Tax professional to make sure, or she can ask the lawyer you have been consulting (if he/she knows).  She didn't question the need to file taxes the previous 2 years? 


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Huh, ok I looked this up 

 

This provision is useful to those who are accustomed to the assistance from domestic employees. It also helps to have the long time employee from home that would understand your needs, habits, culture and language.”

 

lol, I come from a country where we are certainly accustomed to full time domestic help, wish I knew I could have brought my old domestic worker with me !!

1 minute ago, Going through said:

I believe the minimum for filing requirement is $1400 wages earned per calendar year for B1 domestic workers, but she should speak to a Tax professional to make sure, or she can ask the lawyer you have been consulting (if he/she knows).  She didn't question the need to file taxes the previous 2 years? 

Is there no minimum wage requirements as for an A3 visa? How can you not make $1400 a year working as a nanny?

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It is for Employers here on a temp basis, no idea of the tax issues, I assume it would be the normal situation.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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1 minute ago, Boiler said:

It is for Employers here on a temp basis, no idea of the tax issues, I assume it would be the normal situation.

3 years is temporary? Gee, immigration law gets stranger and stranger the more I discover,

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Diplomats are temp, they do not immigrate.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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