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BRgirlUS

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  1. Hi!

    My spouse in Active Duty and I applied for the GC while he was stationed in Nevada. My GC wasn't issued yet (long wait), and we moved to California. He fills state taxes for Washington.

    Now I am starting a job here in California and I am confused about the State of residency for tax purposes.

    According to "FTB Publication 1031 Guidelines for Determining Resident Status" I don't qualify as a resident from California, as I am Present in the state temporarly.

    Plus, according to" FTB Publication 1032 Tax Information for Military Personnel", "Under the MSRRA, the income of a nonmilitary spouse of a military servicemember for services performed in California is not considered to be from sources within this state if the spouse is not a California resident because the spouse is in California solely to be with the servicemember serving in compliance with military orders and both have the same out-of-state domicile." And "Domicile is defined as the one place: • Where you maintain a true, fixed and permanent home. • To which you intend to return whenever you are absent."

    So, I meet two of the tree requirements to qualify as MSRRA, for sure:

    - Resides in the state solely in order to live with the servicemember
    - The servicemember is present in the state in compliance with military orders
    But there is a gap for the third requirement, which is: have the same ou-of-state-domicile. Because I actually don't have a domicile in the United States, neither I qualify for a residency in California.
    Could anyone give me some advice on this?
    What determine my State of residency for tax purposes if I am an immigrant military spouse and everywhere I live is temporary and is not for "domicile"?
    Can I choose my husband's state for tax purposes even if I never lived there?
    Please provide the laws/acts or the source where you got the information. I just want to make sure I am doing the right thing.
  2. I don't think there's a limit on using the Travel Document. But I do remember when filling out the application form, there're options asking you to choose one-time entry or multiple times. For our purposes (adjustment of status), we're eligible of choosing multiple times. I might be wrong but I would assume they would give people multiple entires as long as you're adjusting your status.

    I've waited for more than 9 months now and received no REF but still have heard nothing.

    Oh that is true. I checked my form and I did choose to enter multiple times and I also looked at the papers that came with the card, one says: "The card is valid for multiple applications for parole into the United States until the expiration date", and the approval notice says "The form I-766 with I-512 endorsment is valid for multiple applications for parole into the United States until the form I-766 expires".

    Yay!

    Thanks so much!

    Now I just have to be prepared to go through the secondary screening in the port of entry again...

  3. Anybody changed address?

    Anybody in San Jose, CA area?

    Anybody still didn't receive transfer notice / interview notice?

    I'm waitting more than 8 months and I already submitted the inquiry, but the response is just that they are behind due to the workload... Although they say they are commited to process the cases following the order they were received. Do you guys now how it works? Why some people who filled after me were already approved? I was't requested any additional document.

    My case is a family based AOS and I think I will go through interview, because I entered in B2 visa, but I still didn´t receive any transfer notice to the local office It is still at the NBC).

    I was planning to travel for Christmas but it looks like I will have to change plans, as I already used my Travel Document once.

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