US Immigration from Germany

Hello,

I have a difficult tax question and hope someone knows the answer here:)

1. I got a house gifted in Austria from my parents in 2013.

2. I got my green card in 2019 and became PR during that tax year.

3. I am now selling the house in 2022.

4. The tax treaty between Austria and USA says that taxes for real property sales need to be taxed in the country of the property.

5. Based on other similar threads on VJ, I assume that If capital gain tax is calculated in USA, it is on the profit calculated based on the house worth on the day of my immigration (2019)

and the difference to the sales price.

Now my questions:

a) Is there a link to IRS that says the basis of the house is the worth of the date of immigrating? I could not find anything like that to be honest in writing although it has been mentioned as a rule on VJ.

b) Do I still need to pay capital gain tax in USA if the double tax treaty says that taxation is made in the other country? I assume in that case I can deduct the tax paid abroad but the double tax treaty should

actually prevent paying taxes in 2 countries.

c) I do not know the exact worth of the house in 2019. Is it ok to estimate as follows: house sales price 2022 - average price increase of similar properties in Austria for 2021,2020,2019? I would check how much similar properties appreciated in that period of time and estimate the worth based on that?

Thanks for the help!

Hi all!

I'm currently in the process of bringing my mother here from Germany and we're finally at the NVC stage.

My husband will be co-sponsoring and I'm wondering something about the required tax transcripts: I've already gotten mine from the IRS website but since we're filing jointly does he need to get another one? The numbers will be the same so can we just use my transcript for both forms?

Thank you in advance, I know this may be a stupid question...

I submitted I-130 petition for my husband (who is German & lives in Germany) & received a receipt notice August 29, 2021. Our petition was sent to Nebraska Service Center. I have received no mail and no update on our online account from USCIS. I check the USCIS processing times weekly, which says, as of today, they are working on I-130 petitions for NSC for September 6, 2021. I tried to click on their link to inquire about my petition being outside normal petition time, but every time I click on it I get an error message saying "502 bad gateway." I waited another week thinking it was something they were working on, but nothing has changed. What do I do next? Do I contact USCIS & if so how do I do that? Visa Journey says that my I-130 estimated approval should be the end of June, which is closer to when I thought it would be approved. Can someone please help me with what I should do next?

Timeline:

August 2018 filed AOS with I-131, I-140, etc etc)

July 2019 interview for two year green card, approved next day.

13 April 2021 filed I-751.

27 August 2021 biometrics waived.

Case transferred to California Service Center.

Mid-January 2022 received RFE dated end of December 2021.

15 March 2022 mailed in our response to the RFE

18 March 2022 response to RFE received.

30 March 2022 approved! Card being produced.

Details: In January 2022 we received an RFE for my husband's I-751 that we filed last April. It was a form letter very similar to others I've read here, saying they needed more evidence for our marriage. At the top they listed the evidence they received from us. Over half of the items we sent were missing. We were pretty sure they simply lost it but it was still really stressful because of the language they used. For example, we provided our IRS tax transcripts (which they listed as received) but they said they were insufficient to show we filed taxes as a married couple (huh?) and they needed a version with all attachments (we did send W2s and 1099s in the original package but of course they lost those.... still not sure how they got separated from the transcripts?!). We put together another VERY FAT package including everything they had "lost" plus a bunch of other stuff and sent it off to the California Service Center, and today, less than two weeks later, he received a notification email that his 10 year green card is being produced! We are so relieved.

Anyway, I just wanted to post this in case anyone else has this issue and is searching the forum for answers, because frankly we were pretty panicked when we first got the RFE. I know this forum has helped us a great deal on our journey and I would like to give a little back. Thanks to everyone else who posted similar situations. It helped calm our nerves a little bit during the process of putting together our second package.

Currently my wife and I live in Germany working with the U.S. Military.

So, once my new contract comes through I will be putting her in for Citizenship as per https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-4 .

With that said, we will continue to be living in Germany and we will have to go to the U.S. in the future for her interview and oath ceremony.

I keep seeing on various pages that some USCIS offices offer same day oath ceremony, but no where do I see these offices listed out.

Does anyone know which offices offer Same Day Oath Ceremony.