SugarPlumFairy

Yes, so all the children are his. I do have a limited license legal technician I'm going to be retaining to sit in on our mediation and file the parenting plan/divorce paperwork. I guess I'm wondering if there's a document that outlines exactly what the Affidavit requires so that I can bring it to the mediation. For example, if I am going to be living in our family home for the next 6 months, I'm guessing he would still be required to provide me housing and food while still a permanent resident? Any insight is helpful. Thanks

Hi all,

My USC husband and I (a permanent resident from Canada) have three young kiddos (6,3,13mths) and he has left our family (rented) home. He was the one to sign the Affidavit of Support. We’ve been married for 7 years, he is unwilling to work on the marriage anymore (although this has been very seldom anyways) and he wants a divorce (hoping to go through a mediator later on).
 

I am currently a stay at home mom as the primary caregiver and try to work on my bookkeeping business when I can.

We are in Washington State which is a community property state and have approx. $20,000 in debt (although the creditors are going after him since the cards were in his name). If I stay in the US instead of returning to Canada (and hopefully being able to bring my kids with me), is he required to pay my portion of the debt also or what are the limitations of the Affidavit? Thanks

5 minutes ago, Lemonslice said:

You need an attorney to represent you for the divorce, and to work out a custody agreement.  Relocation with your children might, or might not, be possible. Take care. 

Do you think it's possible for us to create a parenting plan and then file the paperwork that we could just abide by?

Has anyone gotten divorced from their partner after becoming a permanent resident? This morning, I discovered my husband emotionally cheating with over 100 people on Tinder and other social sites. I confronted him about it and he does not want to go forward with reconciliation, just a divorce. We have two young children here in Washington State. I am not working (youngest just turned 1 year) and not sure what to do at this point. Ideally, I would like to bring them with me back to Canada. If I do this, my permanent residency will be abandoned. Does anyone suggest becoming a US citizen first and then doing so or just returning back to their own country? What else should I consider?

Thank you

6 minutes ago, Chicken9999 said:

Lol no

I don’t know how this is funny? It’s a serious question and I certainly don’t want to be deemed a “public charge” per the links below, and it affect my immigration:

https://www.ilrc.org/public-charge
 

https://www.nolo.com/legal-encyclopedia/receiving-public-benefits-travel-potential-inadmissibility-green-card-holder.html

Hi Everyone, 

The office I work at just decided to close for two weeks starting tomorrow due to the Coronavirus here in Washington State. My removal of conditions is still processing (it has been over 13 months now). Is there a risk to me applying for unemployment benefits? 

Thanks!

5 hours ago, LoRo said:

Hi 

i did my biometric appointment yesterday at San Francisco field office. Today as a miracle I was able to login with my case number on the old website and it says fingerprint review was completed! I was also able to see my inquiries about not receiving NOA and my amendment request  which was completed😌. 

Just did my biometrics on Monday. What is the old USCIS website address? 

Thanks

Hi Everyone,

For those who have filed their I-751, how soon after filing was your biometrics appointment?

Thanks!

Hi Everyone,

Our adjustment of status interview is in a couple weeks and I am assembling everything as per the USCIS instructions mailed to us.

My question is for things like greeting cards from family or between both my husband and me and receipts, are we required to bring the originals to the interview? We didn't submit these when I applied to adjust status. They are quite bulky in my accordion binder and just wondering if I can bring just copies instead?

Thanks!

Hi Everyone,

Just found out today that our marriage-based interview is next month in Seattle (very excited as we applied back in September!). Is it necessary to bring all the evidence I submitted for the K1 visa as well or should I just bring evidence from what I sent for the Adjustment of Status application and evidence since then?

Also, we submitted an employer's employment verification letter with the same Adjustment of Status application last fall. We are planning on bringing my spouse's W2s from last year and his pay stubs upto our interview date, but is it necessary to also get an updated employment lettter?

Thanks!

Thank you so much for your help Gitana!

3 hours ago, dkunkle said:

We are in almost exactly the same situation. I'm U.S. resident, husband is Canadian and had only Canadian income last year. He got his green card mid-year so he is dual status.

Can you share the name of the cross-border tax company you talked to? I'm curious as to what they quoted you for the cost to file your taxes.

 

I'm researching all of this and will report back here to share whatever i find. Maybe we can conquer these questions together.

I will PM you the quote. 

Hi Everyone,

Wondering if I can get any advice for this upcoming tax season as we just found out I'm pregnant (not planned) and now really can't afford hiring an accountant to do this work for us. I had consulted an accountant a couple weeks ago, before I found out I was pregnant, and in her email she said briefly that,

"In regards to reporting your Canadian sourced earned income on a US joint filed return: while you do not qualify for the Foreign Tax Credit, you can qualify for the Foreign Earned Income Exclusion. This exclusion (Form 2555) allows you to exclude up to $101,300 of foreign sourced earned income from the US return if you were physically present in Canada for at least 330 full days. There is a specific note in the instructions that reads: "A nonresident alien who, with a US citizen or US resident alien spouse, chooses to be taxed as a resident of the US can qualify under this test if the time requirements are met."

My USC husband worked a full year in the US in 2016, and I (the Canadian, non-resident that has filed for AOS) worked a half year in Canada before moving to the US. I have not worked in the US at all in 2016. We know that I have to file a Canadian tax return, and he has to file an IRS tax return.

These are our questions:

1) Does the accountant I consulted mean that I needed to be present for 330 years within the last 12 months or what time period is this in? I have not been present for 330 days in the least year in Canada.

2) Should my husband and I file married, jointly or married, separately, or married, separately with an exemption for spouse on the IRS return? We just have our basic incomes as explained above, and a few investments-no dependents or anything else complicated so far. I do have an SSN number in my married name as of today.

3) If we file married, separately, do I need to file a return with the IRS at all for 2016? How does this look for our case if I don't file, and do I need to get a professional to write down the reasons for me not filing to show the IRS or can I just tell them the reasons (no income in the US, not an established resident, etc.)

4) When I file my Canadian tax return, do I have to report my husband's income on there?

5)) If we file married, jointly on the IRS return, we cannot take any foreign tax credit, so I would be taxed on the whole of my worldwide income a second time after completing the Canadian tax return. How do we fill out the 1040 form if we choose to do it this way? Can anyone direct me to any particular forum discussions that can show me how to fill it out?

6) For the IRS return, can we use Turbo Tax, print the return out, and attach the statement that I am treated as a resident for the year if we file married, jointly?

I just received my EAD, so we are now trying to find me a job until I deliver. My husband works a job on a seasonal basis and we are going to be just above the poverty line with our new baby. Should we reveal that we are pregnant at the interview? Any advice is helpful for any of these questions.

Thank you very much.

Hi Everyone,

Hy husband and I are both living in the US. He is the US citizen, I am a Canadian citizen, and we are wondering how to file our 2016 taxes for this coming spring (looking ahead to budget). I filed for Adjustment of Status in September 2016 after getting married this August, and am still waiting on my EAD (so therefore have not worked in the US thus far, but did work in Canada for half of the year). As per the "substantial presence test" by the IRS, I would be under the day limit, so would be considered a "nonresident for tax purposes" according to their website. Option 1 in filing jointly, is most desirable to demonstrate our relationship is bone fide at the same address.

Option 1:

File married, jointly to the IRS with me considered a resident for tax purposes; however, this means I will have to pay a considerable amount on worldwide income as I still worked half the year in Canada (I would still complete a separate Canadian tax return as well). This supposedly provides the best return rate, but apparently I cannot claim any tax treaty benefits (as explained below from the IRS website) so I would be taxed again on the whole amount of my earning:

"If a nonresident alien individual has made an election with his or her U.S. citizen or resident spouse to be treated as a U.S. resident for income tax purposes, the nonresident alien may not claim to be a foreign resident to obtain the benefits of a reduced rate of, or exemption from, U.S. income tax under an income tax treaty. However, the exceptions to the saving clause in some treaties allow a resident of the United States to claim a tax treaty exemption on U.S. source income."

Option 2:

File married, separate filing...but not sure if I would even need to file a separate tax return for me as I didn't work at all in the US and wasn't a resident yet.

Option 3:

File separate...probably not going to look favourable to immigration; again, not sure if I would need to file a return or not.

Any help would be appreciated,

Thanks

Hi Everyone,

After looking around for awhile, I still haven't found an answer to this. On the I-864 form, part 6, it asks for the 3 most recent tax return amounts. I have two questions:

1) Do I have to list all three years, or should I just list the most recent if I am only submitting the tax transcript on the current year (on questions 19a. to 19b.)

In the I-864 instructions it states "NOTE: Do not leave the boxes for Item Number 19.a. blank. Print or type the most recent tax year and your total income for that most recent tax year. If the amount was zero, enter “zero” or if you were not required to file a Federal income tax return enter “N/A” for not applicable." but it doesn't say anything about 19b. or 19c.

2) For the last two years (2014 and 2015), my husband (the petitioner's) income was over the poverty line, but for 2013, he is under the poverty line. Do I need to include assets in part 7 as a result?

The reason for my confusion is that in the directions on the form, it states "If your income, or the total income for you and your household, from Part 6., Item Numbers 19.a. - 19.c., exceeds the Federal Poverty Guidelines for your household size, YOU ARE NOT REQUIRED to complete this Part 7. Skip to Part 8. " Implying that I DO need to fill out section 7...

But then I look at the instructions for I-864, it states "Only complete Part 7. if you need to use the value of assets to meet the income requirements. If your Current Annual Household Income (indicated on Part 6., Item Number 15.) is equal to or more than needed to meet the income requirement as shown by the current Federal Poverty Guidelines (Form I-864P) for your household size (indicated on Part 5., Item Number 8.), you do not need to complete this Part. If your total household income does not meet the requirement, you may submit evidence of the value of your assets, the sponsored immigrant’s assets, and/or assets of a household member that can be used, if necessary, for the support of the intending immigrant(s). The value of assets of all of these persons may be combined in order to meet the necessary requirement. "

These seem like very conflicting statements as to if I need to fill out part 7...

Any help would be appreciated!

Thanks everyone,

I checked the I-94 website last night and was relieved to see that my I-94 was recorded electronically also, despite the land crossing. I crossed last Saturday (July 30th) and today (August 3rd) I went to the local SSN office.

I brought:

-my passport that includes my visa and paper I-94

-a printout of my travel history (when logging into I-94 website)

-my latest I-94 printed from the website

-my I-797 page

-the SS-5 SSN application page (filled out ahead of time)

-that RM 10222.420 printout of the website to inform people at the SSN office if they are unsure about how to process a K-1

I took a number and sat down. The sign there said there was about a 45 minute wait but we got in within 30 minutes to the booth.

I told the gentleman that I just arrived from my country on a K-1 Visa, and that I'm just looking to see if my name is in the SAVE database for my first SSN number.

He did a whole bunch of typing. He didn't really ask any questions, only a few to verify the information that I had filled out on the SS-5 page. I mentioned that I didn't want to manually verify it, but just wanted to check for my name. I don't think he really gave me a for sure answer on what he was doing. I don't remember him even looking at the paper I-94 inside my passport because I had a printout of the I-94 from the website.

At the end, he printed out a page that gave me a receipt of my application and said that I should receive the card within two weeks unless something happens in the verification process, then it may be closer to 6 weeks.

So that was that. I will check in in another week to see if it went through!

I got a paper i94 and entered by air. The number listed on the paper was the same number listed online.

I'd suggest you check online first, if your i94 is in the system, you print it and take it to the ss office.

Good luck

Hi,

My I-94 from previous non-land visits is in the system; however, it looks like land crossings are not recorded on this electronic I-94 online, so wondering if the one stapled in my passport is enough.

Thanks

I entered via land at the Aldergrove crossing (can't remember the name) and I got a paper I94 in my passport. I applied for my SSN before the 2 weeks and my information was in the system. Received the SSN in a couple of days, no problems. That was last May/June.

Great thanks. Do you remember if it was only a couple days after you entered, or about a week? Also, was it just the paper I-94 that was in your passport that was fine?

Went and got my husbands SSN within less than 2 weeks of arrival because it was needed for so many things. Even asked for the number when we got our marriage license. We had no problems getting it. We did take passport, birth certificate, and printed our own I94. No paper was stapled into my husbands passport.

Ok, did you cross via land crossing? I thought that you couldn't print out records of land crossings on the I-94 website. At least when I looked up my previous crossings, only my airport crossings were in the system.

Hi Everyone,

There's a few posts on Visajourney before 2013 on how soon someone can apply for an SSN with a paper I-94, but I'm wondering if anyone has done the process recently? I will be crossing at the Peace Arch border via land crossing this weekend and, since there's electronic automation for air/sea I-94's now, wondering if my paper copy will take quicker than two weeks to be updated in the SAVE system so I can apply for my SSN.

From what I've read, the CBP should staple a paper I-94 into my passport with a date. Is this the paper form that I should be bringing to the SSA office? My future mother-in-law called an SSA office nearby and they stated that I could just bring that in right after crossing the border, but I think they are confused because I'm pretty sure it's the electronic copies (from air/sea crossings) that get put into the computer quicker, and most SSA offices require a printout of that?

Any advice from people who have attempted it/done it/inquired about it recently would be helpful.

Thanks

Hi Everyone,

I am going to be moving to the States in a couple months and am reviewing the medical exam requirements for AOS. I did my medical exam with a civil surgeon in early May for the K1 (last month) and he filled out the Vaccination Document Worksheet (DS 3025). In reviewing my copy, the civil surgeon signed below stating that "US vaccination requirements COMPLETE," however, in reviewing the sheet, he has forgotten one of my tetanus immunizations which puts my in the requirement of having it within the last ten years (which I have documentation that I received, and submitted to him for him to fill out this form). My question is what should I do, and will this even matter since I have all the required immunizations? Does anyone think that the officer may overlook this after seeing that it was signed that everything was complete? Or do I have to go to another civil surgeon in the States just for this one correction?

This is very frustrating.

Thanks

Hi everyone,

I have a quick question about the medical examination as mine is scheduled for this Wednesday. I did not obtain any copies of my medical record because, as my interpretation of what was on the website, I did not have any illness or disease in the past; however, I've just realized that I was diagnosed with asthma as a child (but haven't taken any inhalers for over 10 years). Am I going to still require copies of my medical records, and a doctor's note? I'm not sure that I can get this before I leave Tuesday night! Any advice? Can I just give the doctor an oral account of my history or do I need documentation of prognosis?

Thanks

Why are you using those??

• Evidence of Support (I-864, I-864A, I-864EZ, I-864W) and photocopy of IRS transcript or photocopy of the most recent Federal income tax return

For the K-1 visa it's the I-134 you should use.

I'm not using those forms (I just copied and pasted from the US Consulate website and that's what they had listed-I realize those are for adjustment of status). My question was pertaining to whether a copy of the package was required to bring or not, but thanks for looking through to catch it!

Hi Everyone,

My Vancouver K1 interview is scheduled next week and I am wondering if I am required to bring a copy of the I-129f package with me for the interview, or is it fine ifI have combined old and new evidence into new document packages? I received a copy from my fiancé after we were notified that it was accepted, but then had disassembled it to create separate bundles for new and old emails/chats/Skype logs/photos, etc.

Or, am I just required to have the documentation, or be aware of what was in that package?

I am just confused because on the US Consulate website, it states to bring:

• Valid passport and photocopy of the biographic page
• Ticket with your number (will be given at the Consulate)
• Medical Examination in a sealed envelope (X-ray is not required, unless there is TB)
• 2 color passport-size pictures
• Confirmation page of the electronic form DS-160
• Statement of intent to marry from the U.S. petitioner (signed within last 30 days)
• Birth Certificate, English translation and a photocopy
• Marriage Certificate, English translation and a photocopy
• Divorce Certificate, English translation and a photocopy
• Custody documents, English translation and photocopy
• Police Certificates from Canada and other countries of previous residence
• Court / Criminal records and photocopy
• Military records and photocopy
• Evidence of Support (I-864, I-864A, I-864EZ, I-864W) and photocopy of IRS transcript or photocopy of the most recent Federal income tax return
• Copy of the U.S. petitioner status in the USA
• Copies of documents proving petitioner’s U.S. domicile

so no copy of I-129f in sight...

but on another couple websites, such as http://www.k1approved.com/k1-fiance-visa-guide/k1-visa-interview-checklist/ (attached photo), say that a I-129 copy needs to be brought (see #3):

Great thanks for the advice. Also, Right now I have in one organizer everything organized chronologically per visit so first the boarding pass, then the hotel reservation, then tickets if there are some, then the photos. In my other organizer, I plan on separating Skype chats, emails, logs, and wedding plan discussions.

Do you think it's alright to organize them both this way? Or would it be better to just have one folder with photos, another with tickets/reservations/boarding passes, and the last organizer with the ongoing communication?