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pmarshall

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  1. Hi all,

    I need an question answered I entered the US in on a finance visa and got married in the specified 90 days I have now a 2 year green card up for renewal in august this year.

    Me and my wife are going through a bad time and may have to separate in the near future. What are my options as we have a 18 month old son and I dont want to have to move away from him. I also have a business here thats 6 months old.

    Thank you

  2. First of all, TurboTax isn't going to teach you all the tax code. You may need to read information from Publication 519 to understand this first year in the US. That will help you know if you are answering your TurboTax questions correctly.

    If you earned no income in the US, then you have nothing to report, and your wife could file Married Filing Separately. But normally a joint return will be a better deal.

    If a married couple files a joint return, then the 2014 income for EACH of them is reported. That is worldwide income, meaning earned anywhere in the world. I don't have 2014 TurboTax, but in the past the section called Less Common Income has the place to enter Foreign Income (converted the US dollars). Make sure the UK income appears in Line 7 of the 1040 along with the US person's wages. They are lumped together. Forms view allows you to see your 1040.

    Then once the foreign income is entered, use the Foreign Income Exclusion Form 2555 because your UK income qualifies for the exclusion because you were a bonafide resident of the UK. Form 1040 line 21 (called Other Income) then shows the UK money as a negative number, subtracted out to reduce the total income.

    Make sure you enter the foreign first before you try to exclude it or you confuse TurboTax.

    Publication 519 http://www.irs.gov/pub/irs-pdf/p519.pdf

    See page 9 near the bottom of the first column Nonresident Spouse Treated as a Resident

    Continue to the middle column. That is where it tells you about worldwide income.

    Once you make the choice to be treated as a resident for the purpose of taxes, then you are considered a resident for all of 2014 (to the IRS) and anything that Pub 519 says about part year or dual status alien no longer applies to you. Column 2 tells you that.

    Nick

    Once again thank you very much

    Paul

  3. Yeah, you can file jointly. Likely to be more advantageous to do it that way.

    I don't think the U.S. cares about income you made before coming here, I could be wrong though....

    It looks like if we file married joint I will be classed as a resident for the entire 2014, meaning I have to declare my UK earnings for the first half of 2014.

    Damn this is hard !!!

  4. Hi all.

    OK I moved to the us in June 2014, got married to my wife in august 2014.

    I'm currently in aos.

    My wife is currently doing her tax return but we are lost on turbotax site, do we file married joint or married seperatlely.

    I've read we can file joint but they will need my income from the UK for last year ??

    Can anyone shed any light on the subject ??

    Thank you

  5. Hi all,

    OK so we received a rfe letter today in the mail. They require 3 things:

    1. A complete federal income tax return.

    2. Submit all supporting tax docs for most recent tax year.

    3. Based on documentation sent did not meet 125% guideline.

    OK so here is the situation we have, the petitioner earns and clears after tax around 1400 a month so she does meet the 125%.

    We sent in 2011, 2012 transcripts but there is no 2013 as she was a bit naughty and worked for cash. She only started this job in April.

    How can we solve this issue ?? We may have a sponsor (brother) but what can we do about the most recent tax return.

    Thank you

    Paul

  6. Paul--

    you seem very knowledgeable. Thanks again. We currently live in Budapest, but are leaving in 3 weeks. We understand that we will be able to have the interview in London--not Budapest.

    Are we right about this? She is a UK citizen.

    Another question, if you don't mind. What is the usual turn around time once the I-129 is accepted for an actual interview to be set up? I am under the impression that indeed is the next step, correct?

    Thanks in advance.

    If the beneficiary is a UK citizen then the interview will be in there home country.

    As for the times my case is unusual as we sent petition and got visa all in 104 days so I couldn't say time scales.

    Paul

  7. Paul--thanks for the quick response. Do you know 100% this to be the case? Or is it worth looking into?

    The meeting will be in London 100% you can't change that but you can change interview date given but you risk getting the approval delayed so my advice is take the date they give you. Plus your medical has a expiry date !!!

    Paul

  8. Would anyone know if my fiancé--while in the US on her tourist visa waiting to get word on our K-1--could actually do her interview in the States while on said tourist visa? Or would she have to go back to the UK for the interview?

    Next, and related, how much flexibility is there in setting the interview times up? In other words, if she were in the States for her 90 days, and she knew she was flying back in November, could she set up the interview in London when she gets back, so as not to have to buy a new plane ticket?

    Does this make sense?!?

    Thanks!

    Afraid interview has to be in the UK and the date is set by the embassy.

    Paul

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