heatherandtezz

Thanks, I'm pretty sure I submitted the W4 as a resident alien and not a non-resident alien then, I just put down 2 for the witholding, which I'll change. A W4 for a resident alien will be the same as one for a US citizen? So I could just use my wife's as a guide?

I did have to fill out a few other things for my employer, telling them what visa I came over on, my status, showing my proof of eligibility to work etc. I have a feeling I may have put down that I am a 'non-resident alien' when giving my status. I will contact them to verify what I put and to change it if necessary, but can you tell me if that status is correct? If I'm still waiting on my greencard, but am eligible to work am I considered resident or non-resident? Confused over what it would be aside from tax purposes.

I do have an EAD card.

I've been in the US since November 2013, so I pass the 'Substantial Presence Test'? http://admnacct.csusb.edu/reportingAndTax/FAQs.html So this makes me a resident alien for tax purposes? But am I still considered a non-resident alien for everything else?

The W4 form is just an estimate tool to figure out how much to hold out of your paycheck toward taxes. Ideally it would be so correct that what they hold out exactly matches your final tax when you file. It never does. It is not binding or final as far as your taxes go. Filing the actual tax return is what has to be accurate.

Non resident aliens have a different tax structure. You will most likely file a joint return with your wife and you will be considered a resident alien for tax filing, even for the time you weren't considered one by USCIS. That's another long topic.

So don't sorry about this paycheck, but fill out a new w4 for going forward as a resident alien. If your wife also works, then you probably don't want to list her in the count. She already lists herself with her employer. Higher count equals less tax held out. Sounds nice, but at the end when you file the tax return, it could mean not enough was held out and you will write a big fat check to the IRS to pay was is due.

Example: Wife lists herself and you. You list yourself and her. That's kinda like a family of four which get a tax deduction for all the members. A family of two on the same exact income would have a little more held out of paychecks because their final tax would be slightly more than the family of four. So probably better for you to only list yourself on the W4 of the wife is also employed. I hope that makes sense. It is a very simplistic explanation but going into detail would be overkill.

There is no legal implications on the W4...like you are lying if you don't list your wife. It is an estimation for holding out taxes. Years ago when we were a family of four, my husband had zero on his W4 because we wanted more held out of each paycheck. We owed too much at tax time when he claimed 4. We cut back to 2. Still owed. The point is you can always change your W4 if the estimate isn't working out well at tax time and you don't have to count your entire family on it.

Thanks! I will definitely change my W4 this week. I thought I had to change it to a non-resident alien W4, but sounds like I don't. Is filling it as a resident alien any different to filling it as a citizen?

Hi,

So I finally got a job, hooray!

I am still waiting on my green card (received the possible interview waiver letter). So I think I am considered a non-resident alien? Recently when I submitted my W4 form I claimed myself and my spouse. But on receiving my first pay check this week (wasn't a full work week) I noticed no federal tax was deducted. This doesn't seem right to me, so I started searching and found this: http://www.irs.gov/pub/irs-pdf/n1392.pdf

Is this what everyone else has done? Any input would be appreciated.

Thanks

I've been thinking about this, and was wondering, does this effect us in anyway? I have the EAD / AP card, so can work and travel abroad, but is there anything else I can't do until the GC decision?

Got this letter today as well! Filed around mid February.

Hi,

My case status for the AP says "we mailed you a notice that we have approved this I131 APPLICATION FOR USCIS TRAVEL DOCUMENT". Now, I've received the EAD/AP combo card, but I just wanted to know, should I expect to receive a notice or letter in the mail saying the Advanced Parole has been approved. Or is this notice they've mailed just the card that I've received? Just want to make sure I'm not missing anything I might need.

Thanks

I thought so, thanks guys!

Hi,

I recently had my biometrics done, and was just curious as to whether or not I will receive anything in the mail saying my prints have passed/failed etc. I remember the officer saying something about 10-14 days but can't remember exactly. It's already past that amount of days, so I wasn't sure if I would receive something if I had to get them re-done.

Thanks

Thanks for your help!

Nevermind, thought I needed to include that for the i864 but just seen in the instructions I don't as she filed form i129f.

Thanks.. assuming its ok to put a copy of her passport bio page in with her maiden name too then?

So, I'm putting together my forms and documentation for the application, but I'm a little unsure over the surname I should put down for my wife. She is the petitioner.

On the marriage certificate it says "surname after marriage" and my surname is listed. But we haven't changed her surname with her bank, social security, drivers licence etc.

On the forms where I've needed to put down her name I put down her maiden name. Should I keep it as this, or can I put down her new surname? I don't want to keep it as her maiden name and then it confuses things when we change it after we've submitted the forms. Or put down her new surname and then it doesn't match up with any supporting documentation etc..

Thanks

Are you sure about that?

If your parents claimed you as a dependent, that is not the same as filing your "taxes for you." You still need to file your own tax return, and then select that someone CAN count you as a dependent (thus lowering your exemptions).

If you were not required, by law, to file taxes, because you earned less than the required amount, then you will need to make a statement that you were not legally required to file taxes and show why.

But your parents claiming you as a dependent does not absolve you of the requirement to file your own taxes.

Edit: I just checked the above link and a person filing single who can be counted as a dependent is required to file their own taxes if they made more that $1000. Did you make more than $1000 in any of the past years?

You ask "why do they want this??" Part of this I-864 requirement is to show that you are complying with federal law. Tax evasion is a felony.

I filed my taxes as a dependant. I just meant they helped me with it as it was my first time. I know I have to file taxes, I just want to know if I have to send tax transcript etc..if it is not my income they will be looking at, as it is not sufficient. I only have my W2s from 2012 tax year as of right now.

Did you file separately from your parents or were you a tax dependent on their return?

I filed my taxes as a dependant.

They may have filled out the 1040 for you but they must have been in your name, you can download the tax transcripts online now and printing them is exactly the same as what you would receive from the IRS: http://www.irs.gov/Individuals/Get-Transcript

I've been trying to do that for the past half hour and it didn't work. Don't know if I answered my question wrong but it kept bringing my back to the 'get a trasncript' page and has also locked me from trying again for 24 hours...

Anything else I can do? It's not my income they will be looking at...don't understand why I have to show much evidence other than a w2 and some pay stubs..going to include a bank statement too.

If you have not filed any tax returns then you need to include a statement explaining why according to - http://www.irs.gov/Individuals/Do-You-Need-to-File-a-Federal-Income-Tax-Return%3F-

If after perusing that link discover that you indeed should have been filing taxes then you will need to first file your back taxes.

My parents filed taxes for me last year, I was only working part time. Can I just provide them with my W2? As I'd rather not have to wait another week for a tax transcript if it#s not needed.

You: I-864 with all required documentation. You are the petitioner and primary sponsor even though you do not qualify.

Mom: I-864 with all required documentation.

I have not filed any tax returns, do I leave all of those sections blank? What do I put down for questions 10 and 11 in part 6? Do I add up both of our incomes? Should I have her fill out a i864a form as well? THanks

http://www.uscis.gov/sites/default/files/files/form/i-864.pdf

Hi,

I have googled this and read the i-854 thread but am still confused. My mom is sponsoring my Husband for the AOS. I do not make the required income. She has filled out the i-864 form already. Do I fill out the i-864a form or just the i-864 (same as my Mom?) My mom doesn't have to fill out the i-864a form as well, right?

Thanks

Edit: On question 1 of the i-864, do I check off "I am the petitioner. I filed for the immigration of my relative?" or do I check off I am the second of two joint sponsors?

On the driving permit/licence thing...

One of the primary identifications I could use is the i94 departure record. Now I have to learn from scratch as I didn't drive in the UK, and I've asked the dmv if I need this primary identification for the permit as well as the licence. My i94 expires on February 11th. If needed, would I still be able to use the i94 so close to the expiration date, or will I just have to wait for the EAD?

Hi,

My mom is supporting my (now) husband and we are filling out the i-864. She files her taxes jointly with my dad, so we read to include her past 3 W2s as proof of gross income. Do we put down her wages from box 1 from the W2 as her gross wages? I'm confused on where to find the info to put to fill out part 6, question 13 of the form. Also, do they compare that number to the poverty guidelines or her total gross income..not just what is taxable in box 1.

Thanks,

Heather

Thanks.

We have a letter from her employer from June 2013, stating her annual salary, as well as pay stubs from April through to July 2013. Will these be ok to use, or will we have to get more recent ones?

Also, I believe I cannot file my own tax return as joint because we got married this January and not last year? Also, I'm guessing my husband won't have to fill in a tax return for this year? He has been here since November, and hasn't worked in the US. He did bring some earnings over from the UK that he paid tax on in the UK, but he doesn't need to declare that here does he?

I posted this in the wrong subforum, this is for the AOS. Are you still ble to answer my qu?

Hi,

My mom is sponsoring my fiance, I do not make enough to sponsor him but do I still have to submit the affidavit of support myself? If so, do I have to send anything along with it? I never really filed taxes as I never made enough money to have to do so.

Thanks

Heather

Hi,

My Mom is sponsoring my fiance (now Husband..we were just married!) We are filling out the i-864 and only just noticed part 6 asks for the tax year and total income. My parents have filed their taxes jointly and the total income is both of their combined incomes. My mother is the only one sponsoring him, we only filled out her info and income information. Does anyone know how I go about filling in part 6? Do I just put down the gross income of both of them? Do I need to collect more forms, w2s etc? Is it just the most recent year or the last 3 years? Please help!!!

Thanks

Heather

Edit: also, it says after that photocopies or transcripts of tax returns are optional? do we have to provide anything along with this as proof??

Hi,

I'm aiming to send off my AOS documentation next week, but before I send it off I just wanted to check something re: my passport. My passport expires in December 2014, does anyone know if this is ok? Does the passport need to be valid for a certain amount of time when applying for AOS? Or should I be ok applying with a passport that expires at that time?

Thanks