Michael2017

Congrats! Time flies and the years passed fast. I remember us chatting here during my immigration process years ago:) Good you keep the great work up!

My wife has decided to submit her N-400 soon.  Fortunately, she qualifies under the 5 year rule now.  Looks pretty easy compared to the 3 year rule. 

I don't think so, Michael.  Sorry.
 
U.S. Citizenship requirements after 3 years marriage | ZontLaw
 
Have lived with your U.S. citizen spouse for a minimum of 3 years
An applicant in this category must be married to a U.S. citizen for at least 3 years prior to filing for naturalization. Their U.S. citizen spouse must have been a U.S. citizen for the entire 3 years, and the couple must remain married throughout the entire naturalization process including the oath ceremony. Divorce or death of the U.S. citizen spouse disqualifies the applicant from naturalization.

Isn’t there a capital gain tax in Austria….based on the gain, not the sales price.
https://www.taxes.at/the_austrian_tax_system/index_eng.html#tax_system_income_tax_on_non-residents
Capital gains tax
a) Capital gains of the sale of non-business property are tax-free if the property has been held for at least one year.
b) Capital gains from the sale of new properties or real estate acquired as of 31 March 2002 and later will be taxed at the flat rate of 30%. In certain cases real estate properties acquired as of 31 March 1997 and later are also treated as new assets. The tax assessment base will be the profit, calculated as the sales price minus acquisition costs. 
 
 
You should be paying 15% max to the US on a long term gain. It’s not your income bracket. 
 
2021 Long-Term Capital Gains Tax Rates Tax Rate 0% 15% Single Up to $40,400 $40,401 to $445,850 Head of household Up to $54,100 $54,101 to $473,750 Married filing jointly Up to $80,800 $80,801 to $501,600 Married filing separately Up to $40,400 $40,401 to $250,800
 
So if you claim the gain, the foreign taxes paid could be claimed as a credit. You can also reduce the gain by various things like agent fees. Legal fees, improvements you paid for, etc.  You’d have to read about that in detail in Pub 551. 

Registrar might be able to provide older property tax record.  Value might be listed there. 

So how much is your capital gain since 2013?
 
How  much tax did you pay to Austria?

This exactly what my CPA instructed me to do last year when I sold a house which was gifted to me in 2011.  I estimated the FMV at the time the gift was made.  She said that estimating was fine as long as we explained that we were using an estimate.

Did you read Publication 551 Basis of Assets https://www.irs.gov/pub/irs-pdf/p551.pdf
Page 9 says
Property Received as a Gift
To figure the basis of property you receive as a gift, you must know its adjusted basis (defined earlier) to the donor just before it was given to you, its FMV at the time it was given to you, and any gift tax paid on it.
 
Just based on that, I would think an asset is an asset and you acquired it in 2013 so would use the FMV on the day you received it.  I am not familiar with what others have said on VJ, but like you, I want a source because some people say off the wall things that aren’t accurate. 
 
I wonder the same thing. If you are allowed to use a treaty benefit and it is not taxable by the US, do you have to report the gain?  I suppose it is worldwide income. How does the IRS even know the gain when it happened in another country and they got no official notification? Yeah, I’m no help. 😂 
 
 
Sometimes you do have to estimate and save your comps in you records if you ever have to explain. However, I’m still of the notion that you use the value from 2013 based on Pub 551. 
 

Will be worth to consult someone with proper knowledge on this one.

Why do you guys always try to scare off people here with the worst case scenario. 
1. They do believe the marriage is real and not fraudulent.
2. They have approved it without any RFE
3. All she needs is to proof her domicile. 
 
Therefore stop throwing things on her that are not related to re-establishment of the domicile. Everything else is completed in this case and approved.

I have been for business almost 2 years for the majority of days in another country, but did only list my real home as address and not the others. I would have to add also 50+ addresses due to business. I was advised by lawyer that such short term addresses to no form a residence and need not to be added.

Thanks. I was not active a while here as I was busy establishing my life in the States, but the old helpful superheroes are still here. Amazing job and keep it up Geowrian!

No form....just contact whoever has the petition (USCIS if not approved yet, or NVC if it's there already). They can provide details if any formal record is necessary.

Upon request, she can retain F2B classification.

Age alone will not get you denied. Focus your energy on documenting your on going relationship as that's what matters most. 10 years is also not much.

I have entered the US again while waiting the interview. Over the past 3 years I have now spend about 40% of the times with ESTA in the USA and with my wife.
Here are my key findings:
1. CBP officers do not get alerted that and I-130 has been filed for you. They may not have this information or it does not pop up on their screen. At this stage,
questions are more or less very similar to a visitor that would have no petition pending.
 
2. Once you submit your Ds-260, your passport gets flagged and CBP officers see on their screen a pending petitions.
They do not ask anymore the routine questions, but, to my surprise, ask questions you would expect at the green card interview.
How did you meet your partner, When did you marry etc. It seemed to me that they pre-screen you, because if your relationship is legit,
you will not overstay but go back for your overseas interview. I had no problems answering such questions, but, after the DS260 got submitted,
and I visited so much, questioning became more complex to answer and more detailed oriented. I always was let in without secondary, and the CBPs
wished me good luck with my further immigration.
 
3. You can visit and spend extended times in the US with ESTA, but, make sure that there is enough time in between visits.
I always spend more time outside than inside and all was ok even with extensive visiting over a  3 years period.

The reason why most spouses of LPR's receive a 10-year GC is because of visa numbers. There aren't readily available visas for spouses of LPR's and most end up waiting close to 2 years till a visa number is available to them. Therefore, by the time their spouses enter the US, more than 2 years of marriage has passed and they receive a 10-year GC.
On the other hand, there are visas available for spouses of USCs and most prefer their spouses join them in the US as soon as possible, which is why most receive a 2-year conditional GC.

First of all congrats, I wonder why it took very long after your case completed at NVC. It says in your timeline it is completed in March 2018, but the interview date is Jan, 2019. However, your I-130 is approved in one year. Usually it takes more time to get approval for I-130 under F2A, does not it? 

Congrats and have a safe trip to meet your family.

Hello Guys! We had our interview today and got approved. I would like to thank everyone here for the help and I wish all of you F2A2016 Filers best of luck with your own interviews.
 

SMH.  This just ruins things for others who are trying to immigrate legally.

I am genuinely curious as to why this background would not have been identified during the petition/K-1 process.....any idea?

Hello Guys! We had our interview today and got approved. I would like to thank everyone here for the help and I wish all of you F2A2016 Filers best of luck with your own interviews.
 

Hello Guys! We had our interview today and got approved. I would like to thank everyone here for the help and I wish all of you F2A2016 Filers best of luck with your own interviews.
 

Can easily see someone who has been waiting for many months for a visa getting excited and opening it before thinking. We are human, we all make mistakes.