US Immigration from Myanmar

Hello folks

please let me start this topic for November 2022 filers for I130 filing for my mom. My filing office is Texas SC. After I got notice, the processing time was 5 months, then 4 weeks then changed to 7 months now.

I was asked in another thread and forum about this. Rather than hijack that topic, I am posting here.

@MIRN

This question comes up on VJ, because sometimes a new immigrant has the opportunity to continue to work for a foreign employer as a contractor. Contractors will not have taxes deducted from their pay, and so it is up them to pay their taxes. It would be simpler if contractors could just pay their entire tax liability in the April following each tax year, but doing so risks penalties as the IRS wants to be paid at least once per quarter.

Quarterly estimated taxes are complicated because:

* even if you pay what you owe each quarter, you can still be hit with an underpayment penalty if your income is highly variable. So for example you are in the 10 percent tax bracket for the first 3 quarters of the year, and then on the four quarter you get a large payment that puts you in the 37 percent tax bracket. Technically you under paid for those first 3 quarters though the IRS gives you the option of breaking down your revenue and expenses by quarter to avoid the penalty. It is basically 5 + 4 = 9 tax returns. That s complex.

* the quarters are not each exactly 3 months. Quoting from the IRS:

Estimated tax payments are due as follows:

• January 1 to March 31 April 15
• April 1 to May 31 June 15
• June 1 to August 31 - September 15
• September 1 to December 31 January 15 of the following year

So one quarter is 2 months and another is 4 months.

While most of my income has been W-2 income, I have had years with high percentages of variable pay whether from contracting or bonuses (bonuses have lower tax with holding than their actual tax liability). Over the years I have learned the following tips:

* Assume that contractor income will be taxed at 35 percent. Even if your tax bracket is as low as 10 percent, you still owe 15.3 percent SE tax. Even if your marginal tax rate is high as 37 percent, you won t owe the full 37 percent on all income because of the progressive tax brackets. And SE tax drops from 15.3 percent to 2.9 percent well before you hit the 37 percent tax bracket. Of course, earn enough money and you will be hit with the 0.9 percent medicare surtax. So generally the 35 percent rule keeps most contractors safe. So each time you get revenue, put 35 percent of it in a separate bank account and do not touch it until you make a quarterly payment, or pay any taxes owed in April

* If over the course of say tax year 2023 you pay 110 percent of tax year 2022 s tax liability you will not in April 2024 owe any penalties, provided you make 4 equal estimated tax payments in 2023. So if in 2022 you had a tax liability of $20,000, then 1.1 * 20,000 / 4 = quarterly payments of $5500 per quarter in 2023.

* you can avoid underpayment penalties if you or your joint filer spouse have a W-2 job and 110 percent of your tax liability from the previous tax year is paid from the W-2 job s tax with holdings. You can do this by filing a W-4 with your employer to request additional taxes to be with held. This is my preferred way to do this, because this way I do not have to remember my quarterly tax payments

So let s try some examples:

You work in the U.S. remotely in 2023, and did not work in U.S. in 2022. You expect to gross $100,000 as a contractor in 2023.

Since your 2022 tax liability was zero dollars. the 110 percent rule says you are excused from making quarterly tax payments. You still reserve $35,000 in a separate bank account for paying taxes. In April 2024, you determine your tax liability is $30,000. You pay the IRS $30,000 out of your reserve fund.

110 percent of $30,000 is $33,000. $33,000 / 4 = $8250. You make an estimated tax payment for tax year 2024 on April 15, 2024. And again on June 15, Sept 15, and Jan 15, 2025.

Continuing from the above, in 2024 your income was $103,000. The tax liability is $31,000. You paid $33,000 over year.

You are due a refund of $2000. However, you might instead apply that to 2025 estimated taxes. So:

$31,000 * 1.1 / 4 = $8525. So for April 15, 2025, you make an estimated tax payment of $6525. For the other quarters you pay $8525.

As above but your spouse decides to change the W-4 instead of you making estimated tax payments.

There are say 16 pay periods left in 2025, so your spouse files a W-4 requesting 31,000 * 1.1 / 16 = $2133 extra with held from each paycheck. To make up for the short falls in household cash flow, each time your spouse is paid, you transfer $2133 from your reserve account to your joint account. You let the IRS send you the $2000 refund.

Continuing with the above, April 2026 arrives. Your spouse had gross W-2 income of $150,000 and the W-2 shows $60,000 in income tax with held. You had $125,000 in contractor income.

Your joint tax liability on a combined $275,000 income is $56,000. You take the $4000 refund. Your spouse has paid $25,000 to date.

110 percent of $56,000 is $62,000. $62,000 - $25,000 = $37,000. $37,000 / 16 = $2312. Your spouse files a new W-4 changing the extra with holding from $2133 per pay period to $2312.

Hello,

I submitted i130 for my mother in June 2022 and my father in July 2023. Currently my mom I130 is just showing "your case is taking longer....." status while my dad I130 shows "4 months". Based on others' experience, this may mean their case can be approved with some months apart. So I am wondering if my dad can join my mom as "derivative beneficiary" when her I130 is approved. Has anyone tried it before? I would love to hear your experience.

Thanks.

Only Nixon could go to China;

The Biden administration on Tuesday unveiled a policy to limit asylum claims at the southern border -- a policy already receiving fierce pushback from Democrats and immigration activists -- as it prepares to allow Title 42 expulsions to expire in a few months.

The Department of Homeland Security and Department of Justice announced the new proposed rule which makes migrants automatically presumed to be ineligible for asylum if they have crossed into the U.S. illegally and have failed to claim asylum in a country through which they have already traveled

https://news.yahoo.com/biden-admin-announces-policy-limit-213547929.html

This was something that seems to have happened in November or December of 2022:

https://www.uscis.gov/i-131a

Quote

ALERT: We have published an updated Form I-131A, edition date 11/02/22.

We have published an updated Form I-131A, edition date 11/02/22. This updated form allows you to apply for a travel document (carrier documentation) to board an airline or other transportation carrier without the carrier being penalized, if you are a foreign national:

• Who is not a lawful permanent resident or conditional lawful permanent resident; and
• Who received a Form I-512/Form I-512L, Advance Parole Document, or an Employment Authorization Document, with travel endorsement; and
• Whose document was lost, stolen, destroyed, or damaged while you were temporarily traveling outside the United States.

Quote

Use this form if you are:

[...]

• Not an LPR or a conditional LPR, but you received a Form I-512/Form I-512L, Advance Parole Document, or Form I-765, Employment Authorization Document (EAD), with travel endorsement that was lost, stolen, damaged or destroyed while you are overseas and wish to apply for a travel document (carrier documentation) that allows you to board an airline or other transportation carrier without the airline or transportation carrier being penalized.

In the past, VisaJourney contributors who has lost their AP have reported difficulties getting back to the U.S., with successful efforts requiring a Humanitarian Parole document from a U.S. consulate (some have reported the consulate refuses, and instead says USCIS should issue an emergency AP document), convincing the airline at a CBP pre-clearance airport to let the AP holder talk to CBP, or convincing the airlines to let the AP holder board:

• https://www.visajourney.com/forums/topic/674633-loststolen-advance-parole-while-abroad-stranded/#comments
• https://www.visajourney.com/forums/topic/663647-lost-eadap-combo-card-while-out-of-us-on-vacation/
• https://www.visajourney.com/forums/topic/659836-lost-ead-card-while-traveling-abroad-how-do-i-return-to-the-us/?do=findComment&comment=8988399
• https://www.visajourney.com/forums/topic/699157-how-to-get-back-into-the-us-after-losing-i-765-eadadvance-parole-combo-card-while-traveling-in-europe/
• https://www.visajourney.com/forums/topic/689445-do-not-lose-your-eadap-card-while-abroad-i-did-and-heres-my-story/