Scott & Ale
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Posts posted by Scott & Ale
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You have a choice in how you file your 2011 tax return. You have to make an election to treat her as a full year resident (even though she is not a resident) or a non resident alien.
1. Full year residents pay income tax on the full year whether married on Jan 1 or Dec 31. I assume she has no SSN so she would need to get an ITIN in order to file this way. Depending upon time in these other countries, you both may be eligible for the foreign earned income exclusion. The foreign tax credit may also help too, the foreign tax credit avoids double taxation, so if your US income taxes are calculate to be $100 but you already paid $90 in Australian income taxes, you only owe $10 for the difference. The IRS just wants you to be taxed at the US tax rate globally is the goal.
2. Non-resident alien's only have to pay income tax to the US for income earned in the US. You do not claim her as a dependent. I believe, but am not certian, that you file for married filing separetly so you essentially just pay income tax like you are single but don't get taxed on her earnings.
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Most ITIN requests can only be done at the time of filing your taxes as you are required to send in your 1040 and the W-7 ITIN request forms together (the only main exceptions are if you are in the military or if you need the ITIN due to withholdings being done on investments for an investment account the non-resident has in the US). So unless an expection applies to your situation, you cannot file now to get your ITIN for your 2012 tax return.
Looking at your timeline you may have the SSN in time to file taxes next year already so you may not be able to use it anyway. The IRS is changing the ITIN process for 2013 and sounds like it will include sending in your passport or certified copies from the issuing agency and not just notarized copies of originals.
http://www.irs.gov/newsroom/article/0,,id=258477,00.html
My wife and I had to get an ITIN this year and it didn't add 8 weeks to the process either so not that bad, took 3 weeks till the refund hit the account, not as good as filing on-line but still not that bad. The key is we had to wait for the ITIN in order to file state taxes.
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my wife was approved friday as well we got the visa on saturday and crossed that day
Did you pick it up in Juarez? Which location?
Gracias
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WOW, that sucks. I don't think the NVC will accept something else (but I have no experience on that), but where my wife and I married in the US there was a max 2 business day period after the wedding that the document had to be postmarked to the registrar or the pastor/justice of the peace (or whoever performed the ceremony) would be fined by the state. In some cases I guess fines can be a good thing to ensure procedures are followed.
Why such a long delay? Still should only be a couple of days.
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I have not filed any returns at all in the last 6 years.
I am not eligible for the tax foreign income exclusion because I have worked independently as a freelancer and not for a company.
I know that I don't need to pay any federal income tax. I just need to file the paperwork. But I'm concerned that I need to pay self-employment tax even on the meager income in dollars that I've made while in Mexico. The self-employment tax is 15% of net profit and applies to anyone who works independently or has a business in any country in the world while making income in any currency.
If my mother is filling out the affidavit of support, will I still need to provide my tax returns to USCIS or only hers?
As already stated, as the petitioner you must submit a complete AOS. If the IRS requires you to file a return, then you must have them complete in time to file your AOS.
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Each state is different, but my wife and I married on a Saturday and we had the certifacte on the following Tuesday already.
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Good morning Anh,
Once again, thank you for your answer.
I checked for this information on IRS website. I found this:
"If you are a U.S. citizen or a resident alien of the United States and you live abroad, you are taxed on your worldwide income. However, you may qualify to exclude from income up to an amount of your foreign earnings that is now adjusted for inflation ($91,400 for 2009, $91,500 for 2010, $92,900 for 2011, $95,100 for 2012). In addition, you can exclude or deduct certain foreign housing amounts"
Another thing that I found interesting, that can help me, is about 330 full days overseas. I really lived more than 330 days and did not earn $92,900.
The information is here: http://www.irs.gov/businesses/small/international/article/0,,id=97130,00.html
Now, do I have to file the Form 2555-EZ, Foreign Earned Income Exclusion (PDF)?
Thanks
You need to file a complete tax return for those years which would include a 1040 type form and 2555 type form. A 2555 is only a supporting form for a 1040 tax return. You may want to give your brother a heads up as his returns will probably come up for audit once you file your returns correctly and create a tax liability for him.
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Then what I said is correct, they will be returning them as they only accept them by e-mail for MEP cases.
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OK so last week we sent the AOS and IV forms for my husband's IR-1 visa. What will happen next?
If I get a RFE how long is it likely to take after they received our packet?
I read about a biometrics appointment, is that for IR-1 visas or is that something else?
Thanks!
You should hear something 1-2 weeks after the receive it. You will either get an RFE or case closed notification and then depending upon country they will they schedule the interview.
The IR-1 will need a medical exam and biometric appt. Each country is different on how to schedule those and you will need to check the NVC website for your consulate you will be working with.
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Just after sending off my packet with my IV and AOS forms I realized that I most likely sent in the wrong type of (Swedish) marriage certificate.
What I sent in was a vigselbevis (which is more like a nice card to have as a keepsake -- although it does have the justice of the peace's signature and date), when apparently what I needed to send in the vigselintyg (more of an official government document with some more info on it)...
After some days of waiting I now have ascertained a copy of the more comprehensive document, the vigselintyg. Should I send it in, or will that just confuse them since it will be arriving separate from the rest of my packet? If I do send it in should I print out the barcode cover sheet again and write a letter? Or should I risk just waiting and seeing if they approve my application anyway with the simpler vigselbevis document I sent in?
Thanks!
If Sweden is on the electronic process then just e-mail it in. Otherwise if you are required to mail it in put the cover sheet on and mail it in as you said and you will be fine with not needing a letter.
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hello vjers !
im finally back it took me some time to send in my IV and AOS packages but i just sent them in with overnight shipping and tracking number but i would like to know how long its taking for NVC to complete case and forward to embassy, CD Juarez is my embassy pleasee help .
thankkkssss
For Mexico you must e-mail them in. They are just going to pack them up and send them back to you which will take a couple of weeks. I assume you still have copies and you can just scan and e-mail them in. Then if all is OK takes about 1-2 weeks to set-up the appt.
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What questions did the CBP officer ask your husband when coming into the US? It probably doesn't matter but but the key is whatever he said then needs to be followed or that is considered fraud. If he told CBP when arriving he was immigrating and they let him in on his visitor/tourist visa then you actually may have a leg to stand on to keep him here, but that is almost like a dream situation.
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If you have tax transcripts then no W-2s are required....that is the benefit of going with the IRS transcripts as it cuts down the documentation. Sounds like you are green for take off now.
Good luck
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I am living in the USA at the moment, but yes, I guess it is kind of like a destination wedding. I wanted to have the formal ceremony here with my family. Thank you for the information on what he would need to bring! That would be so much easier!!! So he would just need to apply for a B2 Tourist Visa then?
As far as the CR1 Visa is concerned, do I need to be in the USA for him to get that Visa or can we apply for it while we are in Japan?
Japan is on the Visa Waiver Program therefore no B2 is required (link below). My wife is not from a country in the visa waiver program.
http://travel.state.gov/visa/temp/without/without_1990.html#countries
You may never need a CR1 and may always be able to use the VWP. You will only need to think about the CR1 if you plan to move to the US with your husband after you get married. From what you have stated you are not thinking about living in the US therefore no need for a CR1.
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Sounds like you are just having a destination wedding and no K1 is required. It is not visa fraud at all if you are just in the US for a few weeks for the wedding and back to Japan. The key is showing proof of ties to Japan when he enters into the US. All he really needs is a job in Japan (and a letter from his employer would be nice), car payment, house payment, upcoming doctor/dentist appointement are party invitation or something like that showing that he will be returning as well as his return flight. My wife and I were married in the US while my wife was on a B2 tourist visa, she left the US 1 week after the wedding and never overstayed and then we filed for our CR1.
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You will need to establish US domicile as part of the process.
You file an I-864 as your spouse's primary sponsor regardless of income.
You must show your last 3 year's US tax returns or explain why you were not required to file. (The US taxes on worldwide income.)
From what you are saying you will require a joint sponsor. That can be any US citizen or Green Card holder.
Read through the I-864 FAQ link in my signature below. It may contain some helpful information.
If they have decent income though they may also have enough assets and they may not require a joint sponsor, but the key I see is the US tax returns as you already pointed out, my brother made the mistake thinking that because he did not live in the US he did not need to do the US tax returns even though he would not have had to pay anything in was still a mountain to do the paperwork).
Establishing a US domicile is actually very easy, the USC just has to enter the US before or at the same time as the green card holder. If at the same time just carry a letter from a family member stating that you would be staying with them etc.
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Quick question guys i send in my civil documents to nvc 2 weeks a ago i just called them and they said they recieved some of the papers but missing some.Everything was in the same envelope so i dont understand that how is that possible they told me that it will take 10 days to investigate.What if they dont find the paper it takes months in pakistan to make one document any suggestions and have any of you seen this before.
thank you,
It may not mean that they lost something, it may mean they were expecting something else that you did not send. It is a tough place to be in but I think you are going to wait for their investigation. I have seen sometimes when they were expecting a different marriage certificate or a divorce certificate or some other piece of paper that may be country specific etc. Good luck.
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Right, I understand that. =)
My question was more about where the wedding has to take place for the CR-1. Can it happen either in the US (assuming the non-USC returns to their home country) or the country of the non-USC? Or does it have to be outside of the US?
You are correct, you can get married in the US (my wife and I did) or anywhere. You may have issues with CPB as the non USC needs to be very honest if asked when coming into the US they are coming in to get married and leave the country soon after. The key is the non USC has to prove ties outside of the US that will take them back out of the US (such as a job etc) and the return ticket. Probably won't be an issue, but need to ensure extra documents proving those ties are brought and that every question is answered honestly.
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You wrote:By saying that you secured an affidavit of support, are you saying that you have a joint sponsor and using their income to meet the requirement and not your wife's? My response: That is correct. My in-law residing in States has filled the 1-834 form as my joint sponsor.His annual salary is USD$71,879.
Your opinion is for me to opt writing a letter with her local tax statements and assessments as proofs serving explaining why she did not file US tax returns?
Thanks in advance
Not my opinion, the instructions on the I-864 form are:
If you were not required to file a Federal income tax return under U.S. tax law because your income was too low, attach a written explanation. If you were not required to file a Federal income tax return under U.S. tax law for any other reason, attach a written explanation including evidence of the exemption and how you are subject to it.
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Your income doesn't matter, only the USC. By saying that you secured an affidavit of support, are you saying that you have a joint sponsor and using their income to meet the requirement and not your wife's? If no US income tax return, then there is zero income that can be used for support, which is fine so long as you have a joint sponsor and add a letter to state why your wife was not required to file a return.
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thanks guys..is there any other paper work i should start preparing? so that i can have it ready before hand?
Affidavit of Support
http://travel.state.gov/visa/immigrants/info/info_3197.html
Immigrant Visa Application and Document Processing
http://travel.state.gov/visa/immigrants/info/info_3190.html
After all of that is done then the biometrics, medical exam and interview can all be taken care of.
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can i drive with my moroccan driving license i america
in philadelphia
if yes .. for how along
thank u in advence
That depends.
1. Are you becoming a resident
2. Is it in English
If it is in English then yes you can, otherwise no, you may need to get the international drivers license. If you are becoming a resident you have 60 days, if you are visiting you can for 1 year.
This is for Pennsylvania, each state has different requirements.
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Her divorce will be final in about six weeks... She is concerned that this will cause problems with filing the I 129f and wonders is she she go ahead and get married firs and how long that route will actually take
The CR1 and K1 processes both take about the same time to process. I see the options that would provide the same timeframe as:
1. File the K1 visa the day the divorce is final. They can get all of the paperwork ready now.
2. Get married the day of being legally divorced and file for the K1.
It is a matter of personal preferance but she cannot get legally married until legally divorced and the K1 and CR1 processes take about the same amount of time.
file tax return as single
in IR-1 / CR-1 Spouse Visa Process & Procedures
Posted
I do not think it is a big issue. I have seen others do this intentionally. Do you have a SSN or ITIN number? If not then it doesn't matter.
I assume you do not have residency status in 2011. You then need to make a decision.
1. Treat both as US residents for the entire year and all income earned globally for both of you is taxed in the US. You can then file a joint return as married but the non resident needs a SSN or ITIN. If the non-resident had decent non-US income this could increase tax liability and may not be desired.
2. Treat the non resident spouse as a non resident. The US tax return would then need to be filed as either single or married filing separetly. Doesn't really matter which way you do it, the tax in all liklihood would be the same. Your husband would not get the potential benefit of lowering your taxes.
In my opinion you are fine for the NVC process. If they ask, you will can simply state that you did not file a joint return because of either the foreign earned income (if it applies) or because you had no ITIN or SSN. But it is a good idea to see if there is a refund coming your way by making an amendment if you did not have much foreign income.