kzielu

14 hours ago, Dexter8 said:

My I751 is still pending, I became eligible for naturalization that is the only reason I applied 

I am not doing anything wrong with my immigration 

You are - you applying under 3 year rule while your marriage effectively doesn't exist anymore. I was asked during naturalization interview if I still live and am in a relationship with my wife - it's not just a simple fact of being married. Your best option is to withdraw N400.

55 minutes ago, AKN2 said:

I worked last year from January to August 2023 in India. I only became an LPR in June 2023. My income was (roughly) less than $9k in INR for these 8 months. Do I have to declare it? Also, since I will be filing MFJ along with my husband, will I still be asked why I didn't file taxes when I file N-400?

If you are filing, you have to declare your entire income, regardless where from - that you made in the tax year. It might be low enough to qualify for no filing but you are filing, where it was made doesn't matter in terms of having to report it but it does matter from perspective of paying tax on it.

https://www.irs.gov/individuals/international-taxpayers/foreign-earned-income-exclusion

https://www.irs.gov/forms-pubs/about-publication-519

These two pages should be of your and your husband's interest. You have to file since you do have GC, therefore substantial presence test does not apply. 

The question is still in N-400, you will just simply respond to it "No" (as you have never not filed a tax return - provided it is true going forward as well).

18 hours ago, AKN2 said:

Hi, fellow VJers!

I moved to the US in September 2023 on an IR1 visa. I have recently (April, 2024) started working here.

My husband has been filing his taxes as MFJ for the last few years and I have always signed the docs. He says I don't need to file taxes this year as I had no US income until now. Is this true? And if I do need to file despite having no income, is it too late to do so? Will it create a problem if I file now?

Your advice is much appreciated.

Did you have income in 2023 elsewhere ? If yes, you have to declare it (and you may fall under foreign income tax exclusion and not pay any tax to IRS). This will also make things easier (if you do file tax return) when you file N-400 and have to answer the question about whether you have ever not filed a tax return...

5 hours ago, Blandben said:

Not subject to the cap, I'm a 'specialist' by experience and education.

Not sure if you talk about the same thing as Boiler - cap exemption for H-1B has nothing to do with being specialist. If you're not cap exempt, you next H-1B chances are deep into next year.

8 hours ago, lega4 said:

Sure, I know. I expect due to double-taxation-treaty and given that German tax is way higher than US, I wouldn't need to pay anything to the US in this case, so don't see a problem here.

Only up to a certain limit (seems to be $120k for 2023) - once exceeded, you will have to pay tax on it to IRS. For most it isn't an issue - for decent earner in Germany - it might be.

OP - remember you have to file taxes with IRS on your worldwide income (Germany included) as a US resident - something to remember about if you want to main this residency.

9 hours ago, teacherwings said:

Am I eligible for the DV programme...?

This year I think is first year in a long time where UK is eligible. And DV enrollment is still on going for few more days (until Nov 7th) - https://dvprogram.state.gov/

With H-1B and moving - aside from it also being a lottery unless sponsoring org is cap exempt - remember it is a non-immigrant temporary work visa. At some point it expires.

5 hours ago, Black fox said:

I know that i cant apply by myself. The question is when k1 visa will be cancelled my spouse can apply to CR1 visa immediately. ?

Yes, nothing stopping them from doing that. Just as others said - expect scrutiny.

10 hours ago, dhouse89 said:

Maybe I said it incorrectly. Since I made less than 100K USD a year, I don't have to the pay the IRS any money from what I earned in Japan.

 

My question is, do I have to pay taxes on what I earned in Japan because I'll come back to the US this October and will be staying there till the end of the year?

It doesn't really matter where you live - whether you are in US, Japan, Guam or a moon. You have to report your income wherever you earned and if you meet conditions to exclude it (under limit, taxes paid, treaty country where you paid taxes) then you won't pay. IRS doesn't care where you physically are if that makes sense. For them you are a US citizen / PR and have tax liability to them.

Just now, Crazy Cat said:

Did you pay the expedite price?

Nope, there was no reason to. Regular processing. It is at least more than 5 weeks, who knows how long.

To give everyone an idea, passport application for my daughter (born here, 10yo) that was submitted on Dec 31st 2022 is still "In Process". I'd say 5 weeks is unrealistic at this point.

22 hours ago, Thomas1988 said:

Hi, I have moved to the US about 1yr ago, and am going through the motions of finding a PCP (primary care provider), and seeing a few specialists, getting a few exams (in 2 different states). 

They all talk about MYCHART, I have no idea what it is though, is it a national individualized health portal ? Or do I have to sign up for the specific regional MyChart service?

Can anybody give me a crash course on this MyChart system and guide me in the right direction here?

From what I hear, it's an awesome tool, but I signed up for it with my SSN and it looks regional and has no records of my previous visits.

 

I'm just trying to retrieve a few exam results and forward it to an occupational doctor.

Thank you!

It's a web based patient portal that someone has created and commercially offered to health providers - like others said - some use it, some don't. If your provider uses it, it makes things easier for you - but first you need to have one. Your account (as far as I know) will only work with your particular provider (healthcare providers in US are businesses and they're regional).

5 hours ago, aventura900 said:

My only concern is getting the academic institution/employer's J1/H1B within 3 months of being in the US. 6 months under B1/B2 would give more breathing room. Thoughts on this? 

There is no guarantee you will get 6 months of stay at the entry to US with B1/B2 (assuming you get the visa to begin with - which is questionable - how will you answer the question what do you need visa for if you can use VWP ?)

10 hours ago, oat12 said:

Thank you! I really appreciate the responses. I am glad I asked because I was about to not submit a return at all.

 

Would Turbotax be a good place to submit a return? I am totally confused by all of this

You will have to report your home country income and it gets little tricky with Turbo Tax but it's doable. I second or third to what was said above - you absolutely do have to file a tax return. Look up N-400 (if you ever want to apply for citizenship) and read one of the questions that's in it ("have you ever not file a tax returrn....")....

10 hours ago, JeanneAdil said:

If applying under 3 year rule married to USC , yes

 

Most certainly - No.

16 hours ago, Palawan said:

The father has a Social Security Number, I asked him how he got it and he said long time ago they would give them to illegals.

 

 

Ever claimed to be US citizen ?

9 hours ago, ocean-13 said:

Thank you all for contributing. hopefully I get something before the end of the month. I will keep you guys posted.

 

 

At this point you can forget about it - it is unfortunately not going to happen  You would have to have interview at the embassy scheduled already to make it before end of September deadline. Not sure what country you are from but in some (PL for example) embassies have been really slow and lots of DV22 winners ended up not ever getting an interview.

At this point  you can apply in the 2024 DV (2023 is closed and selectees have been notified) and try your luck.

7 hours ago, clark83 said:

Thank you! This gives us a small hope ❤ 

He does not qualify for 245i or DACA, but maybe the I-601A. I wonder if anyone had any luck with it yet?

Thank again.

He cannot. Sibling is not a qualifying relative to file a waiver in the first place. 

I believe that's relatively normal for sibling petition - since the visa availability is so far out - they get the lowest priority because there is no reason for them to be prioritized over any other category. This can help with CSPA of dependent if someone ends in that situation - so can be a blessing with no real drawback.

40 minutes ago, Jorgedig said:

I believe it is longer for Philippines.

 

But good point, as there will not be a visa available until long after the five year ban is completed, so no waiver needed.

PD for siblings for Philippines seems to be ~2002 currently but bottom line is that 5 year ban is nothing to worry about it from that perspective. That all with the assumption that there aren't any other issues like Boiler mentioned - lifetime ban for misrep or something similar.

8 hours ago, eralds said:

Seeking advise, any opinions, suggestions, direction after a visa is stamped with the mentioned title.  I am however, broken hearted of my family member's fate, she is banned for 5 years. As a US citizen, can I still petition her despite CBP decision. If not what is the time frame of wait period. Thank you!

You can petition her - but since she's your sister it will take 20 years (that's what it sort of takes currently, may change) for her to come. By that time, her ban should be long gone.