rummy522

Thank you all so much!

Hello, We applied for removal of conditions last November. We've already been to the application support center for the biometric reading, but I wanted to check on the status of our case. So today I went to USCIS' "My Case Status" page and entered the receipt number from the I-751 receipt notice, and it didn't recognize the receipt number I had entered. So I double checked and reentered the number making sure to not include the dashes, and still nothing. I call the automated phone number enter the receipt number again and still it is not recognized.

Now I realize from checking on the processing times that I still likely have several months until the application is approved, but I am slightly worried that the USCIS doesn't recognize the receipt number that they sent me. I don't have the letters assigning a time for the biometric readings with me but is it possible that those would have a new receipt number that I would use to check my case status with?

Hello all,

My fiance will be interviewing in HCMC in a couple of months and the instruction package for K Visa applicants requires an Original Foreign Police Certificate for any country that she resided in for at least 6 months. She has resided in the United States and Vietnam for over 6 months. How do we go about obtaining these Police Certificates?

I've been to China, Japan, and Vietnam, but still the strangest food I've ever eaten was "Brown Bread", which is a common food among the older generation in New England. I just couldn't get used to the fact that this bread comes in a can.

It is actually more beneficial to file as single vs married filing separately. As married filing seperately you are ineligible to for the tuition and fees deduction, student loan interest deduction, tax free exclusion of US bond interest, tax free exclusion of social security benefits, credit for the elderly and disabled, child and dependant care credit, earned income credit, or the Hope and Lifetime learning credits. Also IRA deductions have a lower income phase out if you are married vs single.

Not saying your tax preparer was correct in doing this, but she probably thought she was helping you out by classifying you as single.

It all depends on which state you register your business in and what type of legal entity it will be (corporation, partnership, sole proprietorship). I would recommend researching the laws of the state in which you will reside, but remember you can also register your business in any other state as well based upon advantages that different states have, and you may want to consult with a CPA or an attorney regarding this.

Good Luck!

Thanks guys!

I am getting started to fill out the AOS/EAD/AP forms and will send by Friday of this week. Would that be enough time or is it a little late because her I-94 expires on March 13th.

Also, I still have not filed 2012 tax because of the SSN, we got married before the new year so that means I have to file jointly married. I can't file jointly married until she receives her SSN correct?

You can either wait until she gets her SSN to file as Married Filing Jointly, or you can file now as Married Filing Seperate.

Whats an AP? and EAD?

AP = Advance Parole meaning that your spouse can reenter the US while the application for the green card is pending.

EAD = Employment Authorization Document your spouse will need this to be eligible to work in the United States

Thank you for the reply.. I've been here since May 9th of last year.. Does that qualify me for the substantial presence test?

You will be considered a U.S. resident for tax purposes if you meet the substantial presence test for the calendar year. To meet this test, you must be physically present in the United States on at least:

1. 31 days during the current year, and

2. 183 days during the 3-year period that includes the current year and the 2 years immediately before that, counting:

All the days you were present in the current year, and

1/3 of the days you were present in the first year before the current year, and

1/6 of the days you were present in the second year before the current year.

So counting from May 9th you will have been in the U.S. for 209 days and thus meet the susbstantial presence test and qualify as a resident alien for U.S. tax purposes, unless you meet any of the following exceptions (which I doubt based on your story so far):

- An individual temporarily present in the United States as a foreign government-related individual

- A teacher or trainee temporarily present in the United States under a "J " or "Q " visa, who substantially complies with the requirements of the visa

- A student temporarily present in the United States under an "F, " "J, " "M, " or "Q " visa, who substantially complies with the requirements of the visa

- A professional athlete temporarily in the United States to compete in a charitable sports event

Yes! I understand that we have to file as a married couple but the thing is we cannot e-file because we have to attach a statement stating that i wish to be treated as a resident.. Our only option is to mail our tax return along with the statement (because im not a resident yet) which takes longer to process..

Sorry, I misread what you were asking about before. You are asking if you can e-file a joint return where you would like to be considered as a U.S. resident for income tax purposes. I don't think you will be able to e-file your return this year as you will need to attach a statement signed by you and your spouse that you are a nonresident alien and that your spouse is either a U.S. citizen or resident alien as of the last day of your tax year that includes your both of your names, addresses, and social security numbers. Even if you got your green card today it would not matter for this year's tax return as you would have needed it on December 31st to qualify as a U.S. resident under the greencard test. However, depending on how long you've been in the U.S. you may qualify as a resident on the substantial presence test, and then you would not need to attach the statement.

As long as you were married on December 31st you will be considered married for the full year for income tax purposes.