slvrfx576
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slvrfx576 got a reaction from AK_2014 in unique living situation
My wife didn't do it in a completely different state but at another office closer to where we were staying temporarily....similar to your situation. She had the appointment letter and asked if she could change the date of the appointment for the other office and they were very nice and told her there was no need because they could do it right there and right now !
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slvrfx576 got a reaction from Darnell in Intereresting Case
Interesting read, but the decision was based on the the misrepresentation of intent made by the visa applicant, and not the 30/60 day rule.
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slvrfx576 got a reaction from Brit Abroad in Crossing American Border with 2 Pending Visas
The problem with your plan is that you plan on misrepresenting your intentions to the CBP upon entry. Just tell the truth at the port of entry.
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slvrfx576 got a reaction from Asia in Denied Visa at Interview
As you have now learned the hard way, simply maintaining a US address and a US bank account is not enough. Put yourself in the shoes of the US government...would such little evidence convince you of the intent of the applicant to re-establish domicile in the US ? Follow the advice of the posters here and get to work to establish or re-establish a legitimate US domicile if returning to the US permanently is your goal.
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slvrfx576 got a reaction from Ivie & Eguagie in Denied Visa at Interview
As you have now learned the hard way, simply maintaining a US address and a US bank account is not enough. Put yourself in the shoes of the US government...would such little evidence convince you of the intent of the applicant to re-establish domicile in the US ? Follow the advice of the posters here and get to work to establish or re-establish a legitimate US domicile if returning to the US permanently is your goal.
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slvrfx576 got a reaction from Darnell in Income taxes with spouse abroad
The documentation for the W-7 (application for an IRS ITIN) was changed in 2012. The requirements are stricter than they had been. For example a simple photocopy, verified by an acceptance agent, is no longer enough. It must be the original document or a copy of that document which has been certified by the agency that issued it. Many are reluctant to send in an original passport or national ID card and be without it in the interim. (In Bulgaria it is against the law to not be carrying your National ID Card) And many foreign governments are reluctant to issue a "certified copy", not ever having been asked for such a thing before. (This happened to my wife...they looked at her like she was crazy)
Also note that an ITIN usually can only be applied for when accompanied by a tax return...so generally (unless an extension has been applied for) this means it can not be done until you are ready to file in Feb,Mar, or the 1st half of April of the year following the tax year. And it can not be filed electronically (See Darnell"s post), which is why it wont be available for quite some time in the IRS Tax Transcript system. But you don't need an IRS tax transcript for your I-864...a complete copy of your tax return as filed, with all schedules, W-2's, 1099's. and the W-7, is perfectly acceptable.
As pointed out by other posters, they are alternatives to using an ITIN for foreign spouses intending to immigrate:
1. The USC files "married filing separately" for the time being....later, when the spouse is here and gets a
an SSN, amend the previously filed return to "married filing jointly".
2. The USC can file an extension to gain an extra 6 months before being required to file the actual return.
If your foreign spouse will arrive here and get their SSN during this time, then you can file jointly
and on time. If, in a worst case scenario, the arrival is delayed...see step 1.
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slvrfx576 got a reaction from lierre in Green Card holder returning to US to visit though not actually residing in US yet
Green card is for those who want to live in the US. It seems that you just want to "game" the system to fit your now changed circumstances. Now you don't want to live in the US !
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slvrfx576 got a reaction from Lemonslice in Getting a Credit Rating, Unable to do Joint Finances
The easiest way to have the IRS not confiscate your refund is to....not have a refund due ! Just adjust your withholding through your employer so that you have not overpaid your tax liability.
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slvrfx576 got a reaction from Penguin_ie in Do need meet poverty guidelines. HELP!!!!
Current 2013 income can be proved by paystubs, employment letter, etc. You do not have to wait to file taxes.
Joint sponsor does not have to reside with the petitioner.
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slvrfx576 got a reaction from gwenstar in Do need meet poverty guidelines. HELP!!!!
Current 2013 income can be proved by paystubs, employment letter, etc. You do not have to wait to file taxes.
Joint sponsor does not have to reside with the petitioner.
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slvrfx576 got a reaction from annie1 in Do need meet poverty guidelines. HELP!!!!
Current 2013 income can be proved by paystubs, employment letter, etc. You do not have to wait to file taxes.
Joint sponsor does not have to reside with the petitioner.
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slvrfx576 got a reaction from NikLR in How to compute income for I-864
If you present a tax return, instead of an IRS transcript, you must include a W-2 as it is an integral part of the tax return. This is because anyone can fill out a copy of tax return and not necessarily file it, so you must include W-2's. A W-2 is not the same as an employment letter (which is easy to "fake"). The rules are what they are and you are wasting time by trying to go around them because you don't have a needed document (W-2).
The phraseology of the statement quoted does not suggest that W-2's may be optional. They are not optional if the worker received one. If the income was from self employment rather than wages, then the taxpayer would have filed a Schedule C and he would not have a W-2. This is what your quote refers to when it says "supporting schedules and/or W-2's". So it is either/or/and depending on how the income was produced.
BTW, your sponsor should be able to easily get a W-2 from his employer. If he says that he can not, then something is wrong.
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slvrfx576 got a reaction from newacct in Tax Marital Status with employer if spouse is a non-resident alien
To clarify some of the above comments :
Whatever status you claim with your employer only has to do with how much $ they will withhold from your paycheck. It has nothing to do with the filing status that you will eventually claim on your tax return. Withholding for single is a higher percentage of your income than for a married person. Therefore it is more probable that you would get a larger refund if you are withheld as single but then file as married.
To apply for an ITIN you must send in a certified copy of the spouse's passport, issued by the passport agency of her country. Not the passport itself.
Also, generally you can only apply for an ITIN when you file your tax return. In your case this means when you file next spring for the 2013 tax year. So you have plenty of time to get the certified copy of the passport to apply for the ITIN. BTW, with a little bit of luck, your spouse may already be here and have a SSN by April 15, 2014 which would render the ITIN unnecessary. Furthermore, if you have no payment due on your tax return (i,e, you have a refund due) you will not be penalized by the IRS for not filing by April 15th....the deadline for a penalty is April 15th only if you owe taxes...not if they owe you !
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slvrfx576 got a reaction from Harpa Timsah in Tax Marital Status with employer if spouse is a non-resident alien
To clarify some of the above comments :
Whatever status you claim with your employer only has to do with how much $ they will withhold from your paycheck. It has nothing to do with the filing status that you will eventually claim on your tax return. Withholding for single is a higher percentage of your income than for a married person. Therefore it is more probable that you would get a larger refund if you are withheld as single but then file as married.
To apply for an ITIN you must send in a certified copy of the spouse's passport, issued by the passport agency of her country. Not the passport itself.
Also, generally you can only apply for an ITIN when you file your tax return. In your case this means when you file next spring for the 2013 tax year. So you have plenty of time to get the certified copy of the passport to apply for the ITIN. BTW, with a little bit of luck, your spouse may already be here and have a SSN by April 15, 2014 which would render the ITIN unnecessary. Furthermore, if you have no payment due on your tax return (i,e, you have a refund due) you will not be penalized by the IRS for not filing by April 15th....the deadline for a penalty is April 15th only if you owe taxes...not if they owe you !