AlyssaM

I just called USCIS and got my first service request. They said the processing times were 4 months for my local office. I'm a bit confused though...if we're all people who filed the AOS in September 2012 and are all waiting....aren't we all in the same location at the National Benefits Center? The person I talked to said I was transferred to a local office about the same time as I received the biometrics appointment, which was 7 months ago.

Can anyone explain? Are we all waiting for interviews or the actual approvals by mail now?

Thanks for all your help.

So are you getting your CPA license soon?

Thanks for getting back to me. CA is a bit more complicated. We ended up doing the NR for being a part year resident. So difficult..

Alyssa--I am not much help with state returns because I have always lived In a state with no state income tax. Maybe you should investigate if your hisband is considered a resident alien for Federal tax purposes (because you elected and wrote the statement) does that carry over to his status on state taxes. I have no clue about if there is a relationship or not.

Okay, I googled and found this https://www.ftb.ca.gov/individuals/Filing_status_information.shtml

The first sentence says

Use the same filing status for California that you used for your federal income tax return, unless you are in a same-sex marriage or a registered domestic partnership (RDP

I would go with answering the question that he is a resident and has been a resident for the entire year because when you make that choice all non-resident issues are superceded.

One more question: Do I need to include my husband's final pay stub on the 1040 along with my W-2? I just realized when I was about to mail it in that line 7 for wages doesn't tie out because it includes the foreign income on that line before subtracting it later on...

Please advise!! Thanks...this took way too long to finish!

I was doing my CA return through Turbo Tax and it isn't letting me file as a California resident! I even asked a question on their forum and was told that if I am married to a nonresident that automatically makes me have to file a CA Form 540NR tax return. Is that right, even when I have been a resident my whole life?

I began reading that thread, thanks for all your help!

I don't make that much money, and he didn't make that much either.. we will see. Thanks!

That helps, thanks.

We should all be awarded honorary CPA licenses for all this!! It's so complex..

Anyway, if I am finally comprehending all this, then my husband can exclude up to roughly 90,000 dollars (not like he made even close to that working half of a year over there) so it would be essentially only paying taxes on my income? I hope so, which would mean that I have been freaking out about losing most of my refund for nothing. I am working on all the scenarios this weekend!

I read more about the income exclusion.

I see that it's either one or the other. Can I choose to file either form 2555, the exclusion or form 1116, the foreign tax credit? I see you cannot do both.

Do you know if I am allowed to choose between the two depending on which is more beneficial to me taxwise?

Thanks....

So you're not allowed to take the foreign taxes paid credit? If he is going to ask to be considered a resident alien for the entire year then he is subject to the same rules, including credits, as a resident or US citizen, no? When I pay taxes on foreign stock, I get to write off the foreign tax credit...why wouldn't he be able to write off all the taxes he paid to a foreign country?

Obviously I need to read the Publication again. I can't understand why he is expected to declare his earnings from abroad and be subject to all US tax laws but be unable to take a foreign tax credit. It seems extremely unfair.

So you're not allowed to take the foreign taxes paid credit? If he is going to ask to be considered a resident alien for the entire year then he is subject to the same rules, including credits, as a resident or US citizen, no? When I pay taxes on foreign stock, I get to write off the foreign tax credit...why wouldn't he be able to write off all the taxes he paid to a foreign country?

Obviously I need to read the Publication again. I can't understand why he is expected to declare his earnings from abroad and be subject to all US tax laws but be unable to take a foreign tax credit. It seems extremely unfair.

Ok thanks for your reply. No, I do want to do it the legal way. I was just wondering if the IRS could get info somehow from USCIS or whatever.

The trouble I'm having is figuring out what the total taxes paid were. I only have a final pay stub from France, not a W-2 or anything. My husband keeps telling me that "taxes" in France are only paid at the end of the year and everything else that is withheld from his paycheck is towards "social services". I'm guessing that means social security and things like that. Does that count in the foreign income exclusion?

Hi,

I just posted a new topic but then I saw that there has been recent activity in this thread...

My question is: Regarding having to claim worldwide income, how would the IRS know my husband's income from France? It's not like his employer in France sent the IRS a copy of his W-2, obviously.

And about the statement, when would the IRS check into his immigration status? Do they run his SSN or something? His SSN wouldn't match a W-2 or 1099 reported to the IRS, so why would the computer mark his return for further investigation in any way?

Any advice? Thanks.

Hi everyone,

I am trying to fill out my tax return. My husband and I filed our AOS in September 2012 and are waiting for our green card, but he has a SSN.

I have seen a few posts about needing to file a form to declare him as a full year resident and claim his worldwide income (he is still paying taxes for 2012 to France).

Can anyone explain why this is the case? How would the IRS know his income from France? It's not like his employer in France sent the IRS a copy of his W-2, obviously.

And about the statement, when would the IRS check into his immigration status? Do they run his SSN or something? His SSN wouldn't match a W-2 or 1099 reported to the IRS, so why would the computer mark his return for further investigation in any way?

I guess I must be missing something....any further explanation would be great.

Thanks.

Hi all,

My NOA1 date was September 24 2012. We got the EAD and AP card at the very end of November.

When I put my number into the case status on the USCIS site, it just says Acceptance and that they will contact me for biometrics....this was done in October...I see that people are notified of their case being transferred. How do I find this out? Do I have to call USCIS? If so, which are the best options to get to the right person?

Thanks everyone. We were so excited to get the EAD that we kind of put the Green Card on the back burner...only to realize that it's now taking forever. Any help is always appreciated.

Thank you everyone! I'm mailing today....good luck to you all!

I just realized that I filled out all the AOS paperwork with my new married name (I am the USC) but my check still has my maiden name that I am sending in for the filing fee (have not had time to go to the bank, etc. to change all that!) So...I signed the I864 with my married name and the check will have to be signed with my maiden name so it matches the information on the check..will it be a problem?

I hope that this is just an overly cautious question, but I wanted to send in the AOS today and just noticed this.

Any suggestions? They will see on the marriage certificate that it is my married name, but I don't know how all these legal changes work..

Thanks!

manual verification, initiated at SSA office, requires 3 to 8 weeks . I suggest you not take that option, instead focusing on CBP office visit.

Alright, thanks. So you don't need an appointment for that? Is there any way to find their hours? I will do a little research..

Thank you everyone!

Ok, forget the infopass....that saved me a lot of time I think, thanks for that advice!

He came here on August 15, so exactly 4 weeks ago. Which means yes, he only has 2 months left in the time window before the I-94 expires.

I will have him go again on Friday just to see.

So should I not bother doing manual verification with two months left?

Can anyone answer my question? At least explain to me how the timeline works for manual verification? Does that have to get completed before the 2 week period when the I-94 expires? It seems like that will take a while.

Hi everyone,

It has been almost 4 weeks since my fiance arrived in the US. He went last week to try to get a SSN. The lady told him that he was not in the SAVE system yet. Then she told him (I was not present thus I can't vouch for this) that it does not show evidence that he entered the country legally. He has an I-94 and his passport was stamped, so I'm hoping this is just her way of reiterating that he wasn't in the system.

Two questions: Should I make an infopass appointment to make sure he was recorded correctly at LAX? I just don't want to run out of time to file for the SSN.

Which brings me to my next question.. If I do need to do the manual entry (if they will do that for me) if this takes longer than the window I have for filing (less than 2 weeks before the I-94 expires) will he no longer be eligible? I'm not sure if the wait for that verification process with USCIS all has to be done before the I-94 expires.

Please help!

It's no problem! Anytime....I've had a lot of help on here too, and things have been extremely frustrating, so I hear you!!

My fiance lives in Paris, that helped a lot. Emailing the embassy was the only way to get in contact with them in my experience.

You should be fine! Can you schedule an appointment with the doctor's secretary for right after your interview appointment? I would just call and get something on the books ASAP. Since the doctors are on vacation, they will probably book up fast right after they return. My fiance used Dr. Slattery.

I'm sure the embassy would be aware that many doctors leave in August, it's the French way, right?

Hi there,

The same thing happened to me (well, the doctors were available, but we did not have time between the packet 4 and the interview....1 day!!)

The embassy told me to come in anyway.

Trust me, go to the appointment! The Paris embassy is really good, they will understand.

My fiance went to his medical after and he just mailed in all the results and it worked out, they received it.

Let me know if you have any other questions!

Hey, I see that you are UK, but you need the Paris email?

At any rate, the embassy email is: ParisConIV@state.gov

Thanks to everyone for your suggestions! He ended up going to the interview, but just has to get his medical.

We will see how it works out..!!

Merci tout le monde pour vos mots et vos pensees!!

Mon fiance a passe son interview aujourd'hui, il a attendu longtemps mais il a parle avec un consular officer pour expliquer sa situation avec le medical et elle a dit que ce n'etait pas une probleme!!

Il a dit qu'il avait que des photocopies des documents et elle a dit que les copies etaient suffisantes!! Puis elle a commence d'ecrire sur une feuille de papier ce qu'il devait envoye avant que son visa soit accepte....elle a mis originals I-134 et puis elle a efface et elle lui a dit, "No I don't need that actually" et puis elle a juste ecrit l'addresse pour envoye les resultats medicaux! Elle a pris son passeport donc je pense que c'est une bonne signe, non?

Oui, on a rempli tout ces formulaires en fin avril, mais je n'ai pas envoye les originales. C'est ma faute, mais quand meme, j'ai cru que j'allais avoir un peu plus de temps! J'etais prete de tout envoyer quand j'ai lu mon email c'est ironique....

Je sais que nous avons besoin des originals grace a ces forums mais la premiere fois que c'est marque officiellement c'est dans le packet 4. Selon eux, tout ce que je connais c'est avec les instructions, non?

Bon, on va voir. Il fait le mandat compte bientot et il va aller a l'ambassade. Si c'est possible d'avoir quelqu'un de gentil, ca serait tres bien!!

S'ils on besoin de plus de documents, il peuvent demander, non? Et mon fiance peut juste envoyer les dossiers plus tard? Le medicale oui mais si l'ambassade ont besoin de plus d'information..

Ok, merci.....non il est francais il n'a pas inverse les dates!!

J'ai deja envoye un email a l'ambassade pour demander un autre jour...mais peut-etre il doit juste y aller!!

Je ne veux pas etre nier car c'est leur faute....

Mon fiance m'a dit que c'etait postmarked le 16 et comme le 17 etait ferie il l'a recu aujourd'hui.

Est-ce que c'est possible d'y aller et puis parler avec quelqu'un pour avoir une autre date??