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dxreed

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Posts posted by dxreed

  1. After filling out and mailing the AR-11, is there usually any confirmation from the CIS that the address is actually updated? I keep seeing it's the alien's job to update their address within 10 days of moving, but how do I know USCIS actually got the memo? Do I have to call and ask?

    We've moved a couple of times and have always sent in the AR-11, but never gotten any receipt or confirmation.

    We filed a change of address by mail (AR-11), and did not get any confirmation back. So, we filed another change of address using the on-line system and it provided an electronic confirmation. Shortly after (~2 weeks) we started receiving correspondence from USCIS at our new address.

    It is probably fine either way, but personally, I feel better with the on-line change of address system.

  2. Thanks for the info smile.png His AOS papers have been filed and we did notice that his state issued drivers license is expired.

    The following might be a dumb question, but just because you seem to know a lot more than I do about this process I might as well ask, right? So, before coming to the US he got an "international drivers license." People with this license can legally driving in our state. Therefore, he should still be able to drive using that right? He's gotten used to driving to his English classes and back during the week so it would be a bummer if he couldn't do that. Thanks again for the help!

    Wonderful to hear! Thank you so much!

    Short answer: His international driver license is not legal to drive on if he has established residency in a state and has an expired driver license from that state (the situation you described above).

    My wife is in the same situation here in Nevada. Her driver license expires on the 90th day after entry to the US on the K-1 visa. Although she's filed the paperwork to adjust status, it is not likely that her status will be adjusted before her driver license expires in December. Even though she has a valid Korean driver license, and international driver license, it will not be legal for her to drive until her green card arrives at which time she can extend the expiration date of her Nevada driver license.

  3. so my fiance is in Saudi Arabia, he went to this studio that they claim they specialize in US photo requirements, he paid a lot of money for these photos and when I saw them I was really worried. I feel that the head is too big but do you guys think it will be a problem??

    The photos are 2x2 inches but I am worried about the head. It is almost 40mm and I read the max is 35mm

    The studio that does this is very far and the nearby studios do the regular 6x4 passport photos.

    Please let me know if we should get new photos.

    I have attached the photo

    I compared your photo to those we submitted. Size and proportions are about the same as ours, and our photos were accepted without question. I believe if they are close to the Dept of State specifications, they will be accepted and your fiance's photo is very close! If it were me, I would not worry about this photo.

  4. So Puerto Rico is ok to go to as a honeymoon place? I know it's part of the US but I always hear of things such as contests and PR always seems to be excluded. I don't know if it's excluded for some reason. I need to look it up but if anyone knows...

    PR is a US territory. Travel to/from PR is fine. The contest exclusions you see are due to local (PR) laws which either prohibit such contests, or make it so "painful" to comply with the law, that companies choose not to allow participation from PR.

  5. So, my fiance entered the US through SeaTac Airport and he says that the people at immigration took his papers - (his criminal record, health check, birth certificate, etc.) Now we need these papers to apply for a Green Card. But I don't know if we need to request them all again or not. We've started trying to get new copies but it's difficult because he's in America now and cannot go get them himself. Has anyone else had a similar experience? Does the immigration office have his papers stored away somewhere? If anyone with experience could give me some guidance it would be really greatly appreciated.

    Just FYI... we came through San Francisco and the USCIS officer took the entire packet. He did not return any papers to us. The officer thumbed through the packet about 10 times then stamped her passport, welcomed her to the US and sent us on our way.

  6. Actually, it's the FBI that monitors the amounts, not the IRS.

    The 10K limit flips a signal from both banks to the FBI. They are required to report it to the FBI.

    Actually, financial institutions electronically report to FinCEN which is a bureau within the US Department of the Treasury. But your main point remains valid... the OP has nothing to worry about under the circumstances presented.

  7. Is money that is wired from a foreign country to the US taxable income? My fiance wants to wire me money (a small amount, less than 10,000) before he travels to my bank account. After he is here and has set up his own account he will wire the rest of his savings. Do we have to pay taxes on this money or declare it in any way if its being wired? Does it make a difference that the first transaction would be going from his bank account to mine, vs the second where it would be going from one of his own accounts to another?

    There are a lot more issues involved than you probably realize, but let's try to keep this simple. There's no need to make it complex at this point, because your questions actually have easy answers. smile.png

    If your fiance wires money to you, there is no harm, no foul. It's his money and he can do with it what he wants. If the amount is more than $10,000 or if the circumstances seem suspicious to the Bank, they will notify the IRS of the transfer as required, but this is NO BIG DEAL. It happens all the time.

    After your fiance is in the US, and transfers the rest of his savings, it's the same result. If the amount exceeds the $10,000 threshold or otherwise appears suspicious, the Bank will notify the IRS. Again, NO BIG DEAL.

    It makes no difference that he transferred some to one account, and the rest to another account. It's his money to do with as he wishes.

    Now, here's where it gets a bit tricky. Let's assume you marry before the end of 2013. That means you can file jointly for your 2013 US income tax return, if you wish to do so. But, depending on how much money/wealth your fiance has outside of the US, or transfers to the US, you may not want to file jointly the first year. It is way beyond the scope of what I can discuss here on this forum, and there's no way I can cover all the potential variables.

    At tax return time is when you will need to determine what should be reported and how it should be treated for US income tax purposes. But in general, money that he earned before moving to the US is not taxable by the US. My recommendation when you get to this point is to seek a competent tax advisor (Attorney, CPA or Enrolled Agent) for help in preparing your tax return that covers the first year of being married. Subsequent years should be quite simple.

    In lieu of talking to a tax advisor, you may want to review IRS publications yourself for some guidance. Start with IRS Publication 519 (the link is the 2012 edition, but it has a lot of good information).

    There's an individual who keeps posting about the $10,000 threshold. While it does exist, you have nothing to worry about as long as your fiance earned his money through legal means. Don't stress out over this because it's just standard operating procedure for the banks. This is only ever an issue if money is obtained through illegal activity which I am happy to assume you and your fiance have no involvement with.

    While I cannot provide specific tax advice to you in a forum such as this, nor can I disclose my employer, let me just say this: I have been a tax advisor for the past 23 years, working for one of the 4 largest international accounting firms. And, my fiancee just arrived here on a K-1 visa yesterday, so I'm dealing with exactly the same issues you are asking about.

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