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acgmph

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Posts posted by acgmph

  1. Unofficial Guidance = rule of thumb and not the law.

    Nowhere is any of this is a rule or guidance that states a visitor is limited to 180 days in ONE CALENDAR YEAR.

    Did you read what I wrote before posting this??

    "Can visit as many times as you want during 1 year"

  2. . I have also said that decision on the term of stay is taken by border guards during passport control. You can be allowed to entry the US, even if you have already been in America for more than 180 days in one calendar year, especially if you arrive a few times for short periods throughout the year, or you have good reasons for long stays.

    So I'm very happy for your friends and aunt.

    Yes, I apologize - I misled you that this is a US Law - some amendments have been done in the procedure for obtaining visas for the citizens of Ukraine on the basis of mutual agreement between Ukraine and the United States. The original question was posted on Ukrainian portal and my answer was according to the agreement between our countries.

    There is no such law, however the CBP has an unofficial guidance:

    - regular visitor for tourism purposes (B2): no more than 6 months per one visit (one I-94). Can visit as many times as you want during 1 year, but if upon arrival in the US the CBP officer comes to the conclusion that you are abusing your visa and actually living here, it will be terminated on the spot and the person will be on the first plane home

    - visitor for medical reasons (B2): no more than 1 year per one visit (per one I-94).

    - visitor for business reasons (B1): no more than 3 years per one visit (per one I-94)

    As you can see, everything is up to the judgement of the CBP officer inspecting you upon arrival.

    Source: http://traveltips.usatoday.com/long-can-stay-usa-tourist-visa-62787.html

    I tend to trust USAToday more than a Russian website because I think USAToday actually made some inquiries with the State Dept and DHS before publishing this.

    Later edit: see also a US Embassy's blog post about this: http://blogs.usembassy.gov/philippines/length-of-stay-in-the-united-states/It says your stay is determined at the point of entry and that the length is subject to the CBP officer's judgement of how long you need to do what you intend to do.

  3. I AM reading everything that has been commented here, but still have questions. That's what this forum is for correct? To gain information and ask questions.

    Anxiety doesn't help, it will only make it worse for you and might make you miss some important details on forms and such. Make sure you check, double check and triple check everything, one at a time. Take a deep breath...

    Here's what needs to happen for him to work:

    - apply for marriage license in your location - courthouse/city hall/county office... whichever applies to your location

    - get married - aka have a recognized officiant sign your papers

    - ask the officiant if you yourself can take the marriage license back to where it was issued so you can have your marriage certificate in hand asap - this can save a lot of time (3-6 weeks)

    - prepare your I-485, I-131 and I-765 with all supporting documents and needed things (like check for $1,070 for all 3 forms, 6 photos, translations if needed, etc.) - see the guide here Adjustment of Status Guide (K1 & K3 Visa Holders and tips here K1 Visa Adjustment of Status Tips

    - submit your documents

    - he can get a SSN while he waits. No need to go asap, he won't need it until he gets the EAD, unless you want health insurance and such

    - he will get 3 NOA1s

    - he will get a biometrics appointment letter from USCIS

    - wait for 60-90 days until he will have the EAD

    - he can apply for jobs towards the 60-day mark and have an offer lined up for when he will receive his EAD if the employer is OK with this arrangement

    Good luck!

  4. When I sent my I-129F in, I also submitted the ring receipt in Vietnamese without any translation; I simply stated that that is the receipt for the rings, and did not receive any RFE about it.

    They probably didn't consider it crucial evidence, otherwise they would have sent an RFE. They could approve the petition without that document. Moreover, a receipt is a receipt. Pretty self explanatory when you look at one, no matter the language.

  5. 1 - Correct, NZ is your current nationality and Indian is former. If you are a citizen of both countries, you can select which one you want to use in place of the other, but have to mention both.

    2 - Either way. My passport says a city name in my language, but I typed its English name on the form. I would put London, UK so it's obvious where it was issued.

  6. You need to guide yourself by the rules of the place where you will be using those documents. If you send to USCIS, then only send English or English translations. If you send to your local consulate, then English or Vietnamese. I used English and English translations for USCIS and English or Dutch documents for my local consulate. So far so good.

  7. Thanks a lot. Your post was very eye opening. Most of the greeks that I know consider Netherlands and Sweden to be paradise.

    I guess you 'll never truly know a country if you don't live there and work.

    I do not agree on your last comment as I think generalisation of a whole population is wrong. The greeks that don't pay their taxes are people that simply cannot afford to do so. And many families do two or three jobs to survive. After all there are many examples of greeks that have build a successful career in the US, open business etc. All a result of hard work.

    Well, in the position I am right now and the pressure my family puts upon me, I cannot do anything else than come get my GC and try to get a decent job. If I don't like it there I'll simply return and say at least I tried...

    I was merely saying what the world thinks of the greeks. Just as the world thinks The Netherlands and Sweden is paradise. Generalizing is what people do :)

  8. I'm really curious, I'd like to ask the posters that are from Sweden, Netherlands and Australia what made them want to leave their respective countries and move to the US?

    I had the impression that those countries are very privileged and provide a great quality of life to their citizens. I mean, have those countries ever experienced any sort of crisis whatsoever?

    Compared to the US they have good salaries, access to health care, low crime rates etc.

    You say that The Netherlands has good salaries, access to healthcare and low crime rates. Let me break it down for you:

    - Good salaries: that's relative. See below where I talk about tax rates and housing. You're left with nothing at the end of the month when all is paid for.

    - Access to healthcare: you still have to pay for it, just like in the US. After Obamacare, access to healthcare is no longer an issue. Yes, it's 3 times as expensive in the US, but I don't mind, as I know the medical service quality is better in the US than in The Netherlands.

    - low crime rates: sure, that's true. In the US it depends where you live. It is a BIG country. You know how big it is? Bigger than the whole of EU. One country. Bigger than the EU. Puts things in perspective, doesn't it? You hear about Philadelphia (aka Killadelphia) that has high crime rates. I have never felt unsafe here. Never! And my wife goes to school in Chester (no. 5 crime rate in the country) and works in North Philly (also high crime rates). People are generally genuine and nice. High crime because high unemployment and low education. But things are improving.

    Here are my reasons to leave Europe in general, and Holland in particular:

    - aside for meeting my wife (who's American) there and after we both decided that The Netherlands is not for us, we moved to the US.

    - My expertise and experience earned me a decent salary in Holland (think between 70 and 90,000 Euros per year brutto)

    - But I was paying A LOT of taxes - the highest tax bracket is 52%!!! which is insane!

    - And what was I getting back for those taxes? Nothing... Because I still have to pay medical insurance by myself, rent and house prices are insane and not justifiable so you cannot get affordable housing, unless you have a partner that earns some money, otherwise you are forced to live in a very small and cramped one room type of place. Or even in a container or small boat house. Also food is expensive and has no taste at local supermarkets - if you want taste you have to pay insane prices for imported food, because Dutch food sucks (especially locally produced legumes)

    - Small country - only 17m people and in one hour from Amsterdam I can be in another country, with a different language and culture. Yes, that's cool as a tourist, but not if you want to have a larger market place for your business. Everything is hyper-localized.

    - Social tensions: there is a lot of racism in The Netherlands. I know... your opinion is different because you hear the Dutch are all so nice to foreigners and people of color, but it is not true. If you are not Dutch, then we hate you, because you come here and steal our jobs and we have to pay for your country because it sucks. Segregation is just as bad as in the US South. Black immigrants do lower paying jobs. Even if you're 2nd generation, you're still an alochton... Oh, and on top of that, we have a ton of Syrian immigrants coming our way, to put more pressure on the workforce and drive down salaries so that companies make even more money... insane...

    - Not to mention the fiscal paradise that Holland is, with PO box companies that have no lucrative business in the country, but get tons of tax breaks. This screws up the regular folk who in turn pay more taxes for those companies to get benefits and tax breaks. Some of these companies pay 7% tax... while I was paying 52%... see the difference?

    - work culture sucks, with employees busting the door open at 5:00 and no-one is left in the office past 5:01. Nobody takes any responsibility for their work and is a general laissez-fair when it comes to work. They do it because they have to, but there is no drive an motivation. I am the opposite of that, so I could not make it work for me

    - entrepreneurship is frowned upon. Everyone and their sister tells you how many risks you are taking if you start working for yourself, or God forbid!, open a business

    - did I mention the insane tax rates? Also, if you open a business you have to pay higher taxes than those PO box companies. Yes, it's fair... isn't it?

    - society wants you to be average. Because otherwise they might have to get up and do more. And no-one wants to do more. No-one wants to do anything in that country...

    If you have a minimum income type-job and you like a government that is smothering you and makes sure you don't have to do anything special to live (like working), and you have no desire to make something for yourself, if you want to be just average, then Holland is for you. If you want to succeed and be more than just average, then look somewhere else. Societies like The Netherlands will fail if they don't change.

    Don't get me wrong, there are a tons of good things about Holland: like scientific research and such, Duchies are very good with building anything on and around water, architecture, etc. But those things alone do not make me want to live there.

    There are so many more reasons that I could go on forever about. The bottom line is, it didn't suit me nor my wife. I know the US isn't perfect, but god-dammit, if you do work hard, and have a little bit of luck, you're going to make it. I know the general consensus is that is no longer the case, but I do believe in it! So now my wife is doing her PhD and I am waiting for my EAD so I can start working! While writing this I received all my AOS NOA1s in the mail :)

    As per your situation... even though I should be PC and not say this, I hate being PC so I will say it regardless: If I were you I would move to the US. Your girlfriends sounds just like those people that I was talking about - wants to be taken care of and not want to be too much outside of her comfort zone. I would rather do a minimum wage job in a rich country where there is a strong work culture and you can progress and earn more and more as you go up the ladder, than a minimum wage country in a bankrupt country with political instability that changes it's government like I change my socks. Also, greeks are known for not being very hard working and also not very fond of paying taxes either. If that's you, then better stay in Greece, you will not make it in the US.

  9. Thanks :) I made an appointment with a licenced GP in the Netherlands that gives vaccinations for traveling. It should be covered by my health insurance, I called them to make sure. I need to pay up front and then I can get the money back when I send them the bill. Im getting DTP and BMR. Did I make an mistake and do I need DKTP? Because the visajourney link says DTP.

    As I said before, it's DKTP, and NOT only DTP. The K is important. DKTP is not the same thing as DTP!!! If you're not getting DKTP, the consulate's medical examiner will have to administer it to you. Also, make sure to check with your health insurance, as most do not cover travel vaccines, no matter what that GP says!!!

    Why go through all this trouble when you can have the 2 shots done by the consulate's medical examiner? Takes 5 minutes and probably the same price.

  10. This is the argument that lawyers made pretty clear for me, and as I said in previous posts related to this topic: it is an intertwined legal issue with immigration on one side, and taxes on the other. To summarize I will say this: because you become a US tax resident as soon as you land (on IR1 or K1) you have to declare to the IRS all your income for the year (e.g. if you move to the US any part of the year, you have to file US tax return for that year). For part of the income for the year (the part that is realized outside of the USA) you will file 2555 or 2555EZ (Foreign Earned Income Exclusion - if you qualify under the bonafide resident test OR physical presence test), and for the part you realize while in the US you will be taxed by the US government (it doesn't matter who employed you, where you were paid, in what currency, and even if you worked from home.) Now, because you don't have an EAD, but you had income while you are US tax resident (irrespective of where the money came from, in which bank account, and even if you work from home), you would be in violation of the immigration act.

    To answer OP's question: you can only do this until Dec 31 because moving from a tax treaty country (The Netherlands has a tax treaty with the US) in the last 90 days of the year, you are still a Dutch tax resident until Dec 31st and can satisfy both requirements for 2555 and 2555EZ (physical presence test OR bonafide resident test). Come Jan 1st, you will be a US tax resident.

    As you probably know, US tax laws are very strict, meaning that even if you move out of the country, you still have to file tax returns and pay US taxes (LPR or USC). So it should come as no surprise that you cannot work from home for a foreign company while on US soil while maintaining your foreign employment contract and getting paid in a foreign bank account in a foreign currency - remember: the US has tax treaties with many countries, and those countries will report to the IRS all your income and bank account information, with or without your approval.

    To the poster that said that coming on holiday and working means you need to pay taxes: incorrect, because you are a bonafide tax resident of another country when you're on holiday and working from here. Same with B1 visa. Tourist visas do not count for tax purposes - because you cannot legally work with one of those while in the US.

    Now... getting caught is another thing - do what you will on your own risk. I have given you the legal perspective discussed with lawyers from Fragomen.

    I am waiting for my EAD and binge watching Netflix. Not ideal, but not too bad...

  11. I discussed this with lawyers because I am in the same boat. If you move to the US at the end of December you can only work without EAD for the Dutch company until the end of December. Starting with Jan 1st you will be a US tax resident and working without an EAD being in the US (for a foreign company or not) is illegal. You cannot even volunteer. You can only binge-watch all of Netflix for the 60-90 days it takes to get the EAD...

  12. I have been trying to figure out how fresh the police certificates have to be and if they need to be translated to English.

    We are still early at the process (just submitted the application), but I would already like to get the papers for the interview. I lived in two counties for more than 6 months, Hungary and the Netherlands. I couldn't find information on how old the police certificate must be at most, I guess this info will be provided later in the process, but maybe folks who already got this information could help.

    I've been living in the Netherlands for the past 5 years, so my guess is that it would be ok to request the Hungarian police certificate right now. Probably I will need to get a certified translation for that so it will take time to orchestrate the whole procedure. I would like to do it as soon as possible.

    Regarding the Dutch one, do I need a translation if the interview will be in the Netherlands? Is this police certificate needed for the US Embassy only to issue the Visa or it will be attached to my case and so English translation is need?

    Do not hurry with your police certificates. They need to be no more than 6 months old at your interview. The Hungarian one will need to be translated into English, but your Dutch VOG will not, as the US Consulate in Amsterdam accepts all documents in Dutch or English, without the need for a translation. Your Hungarian one will need to be, though.

    Looking at your profile, you have a good chance that your petition will be sent to the California Service Center, in which case you can already start preparing your documents for the interview, as they approve petitions very fast there (about 30 days or so).

  13. Hi Lauren,

    TL;DR: you can until the end of this year, you can't starting with Jan 1st.

    I am in the same boat. I looked up the issue and found that there is no clear, black and white, yes or no answer to this. The answer is, depending on which lawyer you're talking to, yes or no. Immigration law in the US didn't catch up with the times yet. However, considering both arguments, I found that the NO argument is more likely because it has to do with physical presence and taxes.

    When you submit your US taxes you will have to submit for 2555 or 2555EZ, Foreign Earned Income Exclusion, for the part of your income which is not made and paid in the US. But because you will fail to pass the Bona Fide Residence Test and the Physical Presence Test, you cannot claim that income as foreign earned, so it would be US-earned income... in which case you would be in violation of the INA, as you are not allowed to work until you have the EAD/green card/citizenship.

    You would only pass either of those two tests for this tax year (2015), come 2016 you will not be able to pass either test and therefore you would start paying taxes in the US. Once you do that... and you don't have an EAD... then that is not allowed.

    Good luck!

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