AnaidAaron

Hi everyone! 

I got married in August 2018, and didn’t work in the States that year. We filed for our 2018 tax return in February 2019, we chose to treat me as a resident alien for tax purposes only, this was before I had my green card, and we added my worldwide income and subtracted it so it would add to zero, which I know is completely fine and the IRS gives us the option to do. 

The thing is, our accountant forgot to send to the IRS the statement disclosing our choice to treat me as a RA for tax purposes even though I was a NRA. Now I’d like to amend our return to disclose that I wasn’t a resident alien at the time, but now I am. The numbers wouldn’t change, just the fact of me disclosing my status at the time. 

Has anybody done this? And could you give me any insight on what form to use when my return will stay the same? Thank you so much!

2 minutes ago, little immigrant said:

What was the solution? 

I can’t upload the picture for some reason but basically USCIS will accept your form with our without the barcode, it just means they will have to type it in manually. 

15 minutes ago, K1visaHopeful said:

I just answered you on fb

Thank you so much, you’re a rockstar. Finally sending my package tomorrow, this was the very last detail I needed to cover. 

Has anybody had this problem applying for Advance Parole? I know the page is supposed to generate a barcode for my info at the bottom of it as I file it, but it’s coming out blank!!! I already tried using MAC and Windows, I don’t know what it could be. Don’t want my form to get rejected 😞

Hi guys, 

I’m all ready to send my AOS! Thank you guys for all of your suggestions you’ve always given me. 

Since the form on the website for AP expired on December 31st 2018, I was just gonna request EAD with nub AOS and send AP later on when the new form comes out. 

I know it says on the website I can use that form until they come out with the new one, but I’m scared the adjudicator won’t know this and denies my whole application just for this. 

Also, should I just put “Filing along with AOS” as my reason for filing, or do I actually have a to show proof of my travel plans? 

What do you guys recommend I do? Thank you!! 

On 1/21/2019 at 3:37 PM, Alabamak1 said:

https://thespanishgroup.org/translations/spanish-document-translations/?keyword=%2Btranslate %2Bdocument&gclid=Cj0KCQiA-JXiBRCpARIsAGqF8wVg68FsY4LyUPwcM9wnfMc4fjM4bHZlpIfUI8Il7DyaigPNGbWLR4QaAk7EEALw_wcB

Thanks for the info, I did end up using them and hey were awesome! 

Hi everyone, 

can someone recommend me a good website where I can translate my Mexican birth certificate? Someone who will do the job to the dot and USCIS will accept. 

I know I can do it myself but I have no idea of what USCIS is looking for as far as the format, if they really want you to translate what’s in the logos, etc. 

Thanks guys  

Hi everyone, 

I am planning for file my AOS by the 28th of this month, which means I will file before filing for 2018 taxes. Our tax appointment is on February 5th, but I have an important event on the 30th near the Mexico border, in downtown San Diego, where there are often Border Patrol checkpoints and I am out of status, so I’d like to at least have filed before that in case we get stopped.

My husband said to just wait and file after our tax return so we have the most updated info on the application.  

What do you guys recommend? Your input is much appreciated. 

2 minutes ago, geowrian said:

Yes.

K-1 overstay is fine. So is K-1 Visa Holder. It won't impact the adjudication. You'll be fine.

 

Staying in the US beyond your I-94 without any other legal status or authorized stay would be a violation of status.

Thank you! I will answer yes and then explain that I was a K1 holder, married within the 90 day period and overstayed my visa, would that be enough? 

4 minutes ago, icanbenobody said:

I think you'll be fine as long as you did marry within 90 days window. 

I did marry before the 90 days. I googled the question and some people did say it was a violation... maybe I’m overthinking it lol. 

Hi everyone, 

I need help answering item 17 in part 8 of the form i-485 that reads as follows: 

“Have you ever violated the terms or conditions of your nonimmigrant status?” 

I came on a fiancée visa and my 90 days already ran out, so I would assume the answer is yes, but now, how do I explain that on my application? 

Also,  on my application where it asks my current status should I put “none” or “out of status”. 

Thank you everyone! 

1 hour ago, yuna628 said:

The OP's application window for obtaining an SSN has elapsed. I would also not recommend ticking any box like that on his AOS application. The OP will simply have to wait.

What about ticking it when you already have a SSN? Won’t that authorize them to give you a replacement card with your new name after marriage? That’s what I understood from the instructions and I was planning on filing my form like that. 

3 hours ago, junkmart said:

I'm in a similar situation. I'm a USC married to Mexican who has been in the US since August 2018. We married in December. He is considered a US Resident Alien for tax purposes due to the substantial presence test (more that 183 days present in US during 2018).

 

Before coming to the US, he had income and paid taxes in Mexico. We are filing MFJ. Because of filing MFJ, we must include his income from Mexico with my income on like 1 of 1040. This is called "worldwide income." In order to prevent double taxation on his income in Mexico, we are filing form 1116 Foreign Tax Credit. It's a little complicated, but read the instructions thoroughly and you'll figure it out. Form 1116 helps you figure out how much of a credit you can take on your foreign taxes. You are not required to provide any prove of what your foreign income was, or how much foreign taxes you paid, but you should keep these records in the event you are audited.

 

If you don't have any foreign income for 2018, then your situation may be even easier.

 

Here are the forms I will file for 2019.

2018 1040

2018 1040 S 3 (Schedule where you input the credit figured on form 1116)

2018 1116 Foreign Tax Credit

 

Best of luck!

Thank you so much!! This helps a ton 😊 I will make sure to read the instructions carefully. 

P.S. If I’m not wrong, even if you husband didn’t meet the substancial presence requirement, you could still choose to treat him as a RA for tax purposes, you just have to send a written statement with your joint tax return. 

Hope everything turns out awesome for you two! 

3 hours ago, geowrian said:

He can file MFS and then you don't need to file anything.

But he's giving up potentially thousands in dollars of a refund as as result...doesn't seem like a worthwhile endeavor for an extra 30-60 minutes of tax work (tops...much less if you know what you're doing already).

Thank you so much for your always well thought out answers. I think you're right, the benefit is much bigger than the annoyance of the paperwork.

3 hours ago, geowrian said:

 

You don't need to "prove" your foreign income. It just needs to be reported then excluded. You should hold on to any documentation in the event of an audit, but it does not need to be sent with the tax filing (unlike W-2s, which are are required to be provided if filing by mail).

My only problem here is that I don't really know what I'm doing lol. I have never seen a full tax return so I don't really know all that implies, I guess that's what's making me so nervous about it. And my husband doesn't help me, he has always had somebody else do his taxes so he's oblivious to the whole process. I just wanna feel like I'm informed so I know the tax guy is just doing his job right and I know how to respond to the IRS if I ever get questioned. 

I was an accountant in Mexico, where the tax system is extremely meticulous and people get audited regularly for even the smallest mistakes. So taxes here in the US feel so different to me. What's the real probability of being audited? 

So my question here would be, when you send your joint tax return, you send only one form, in which the USC does his return normally (with W2/1099) and the NRA only discloses their income and taxes paid for the year, no proof or Paystubs or anything else required?  I belive the post I quoted earlier has a link for rates to convert foreign income to USD, so I would use that. 

My husband gets both a W2 and a 1099 , as he works for someone and also has a side job where he is self employed, I don't know if that changes anything for us. 

Hi everyone, 

With the tax season soon coming upon us, I'd like to be prepared andI have a few questions so I hope you can share your personal experiences with me. 

I came on a K1 and married in 2018. I will be filing for AOS this year. I read the post below and found out I have two options, file married jointly and disclose my worldwide income (RA for tax purposes) or file married separately so my husband can claim me (NRA).

We would like to file separately so he can get an exemption for me, but I have the following doubts: 

1. Can/should I file for taxes even if I didn't have any income coming from the US in 2018? This is so we can file separately, since I don't wanna have to deal with proving my income and translating all my Paystubs from 2018. 

2. I have a SSN, do I still have to get an ITIN to file? 

3. I live in California. Has anyone successfully e-filed in the first year as a non resident alien, or do I absolutely have to file over the mail? 

4. If it's the case I shouldn't file taxes since my income was zero, can my husband file as single without claiming me? 

What's my best option here? Thank you everyone! 

On January 1, 2019 at 5:29 AM, Wuozopo said:

It wouldn't be a second interview. It would be more like, "You need a new medical exam by a civil surgeon. Get that done and mail the sealed envelope back to this office and I will finish up your case."  It would go straight to your local office.

 

Be aware that there are generic letters prior to your interview telling you what to bring. It can say I-693 if not already submitted. That's not an RFE crafted just for you. You have a medical exam and shot record on file that should take the place of an I-693. Wait and see what the live person doing your interview says. He should have all the original medical results in the file. 

Thnak you, that really helps me to see I shouldn worry until it's time for my interview. I am applying for my AOSthis month, hope everything runs smoothly. 

9 minutes ago, geowrian said:

Correct. You would not be required to submit an I-693.

The IO can still require a new medical exam + I-693, but this is not common unless there is cause for them to request it.

 Thank you for your answer! I assume this would be in the form of a RFE, or they could request a second interview if your issue comes up on the first one, right? 

On 12/26/2018 at 12:49 PM, Wuozopo said:

 

The instructions for the form tell what must be filled out. The doctor is not correct.

Take time to read the i-693 instructions. 

 

If you had all shots noted on you DS-3025, send a photocopy with your AOS. See a civil surgeon only if you get to your interview and your interviewer reviews your file and insists on a civil surgeon. 

 

 

 

On 12/26/2018 at 1:51 PM, geowrian said:

Yes, you must show proof that you complied with vaccination requirements. This is via the completed DS-3025 that you should have a copy of already.

Otherwise you would have to get the necessary vaccintions and submit the I-693 with noted sections completed.

So following this logic, if I filed before my medical expires, and got all my vaccinations, my DS-3025 is complete then I don’t have to file I-693 when I first file AOS nor do I have to present it at the interview? Thank you guys. 

On 12/30/2018 at 9:31 AM, geowrian said:

Unless there is a valid reason to be denied (criminal activities abroad, trying to smuggle something in upon entry, etc.), he should be fine. The other "risk" is if AOS is denied while abroad, since AP is linked to the pending AOS application.

Nobody is guaranteed re-entry except USCs, but many people use AP just fine every day.

You said the risk is if he gets his AOS denied while abroad, then he would have problems. So could this be the case, even if he hasn’t had an interview, can they deny him without that? Thanks. 

On October 26, 2018 at 10:17 AM, packetgod42 said:

 

 

That's fine and dandy but the SSA will not accept your marriage certificate to change your name on your SS card with out your Employment Authorization first. You must file for AOS before changing your name with SSA.

So in short, I can file AOS, EAD and AP with my married name, and then change my SS card and drivers license? Is that the smartest move? 

I have no official ID except for my passport, so when I travel with that and AP, will my  marriage certificate be enough proof that I'm the same person? Thank you! 

Ps. I supposed my other option is to file everything in my maiden name and just keep it that way, is that correct? 

3 hours ago, Ben&Zian said:

 

Technically... no , nothing else is required..... for us we sent in just copy of our lease with both names on it for our apartment, and showing we had a joint savings account together (separate checking accounts).... we did not send any pictures, or anything else.

 

We would have supplied potentially other things like joint health insurance through my company, life insurance policies, joint car insurance policy, ect... but did not have the time to gather these before submitting.... but we had no issues, no interview... now though I do believe an interview is 'required' for AOS applicants and such, so technically you can choose to send in some basic evidence or hold it I suppose.

Thanks for the info! Do you know approximately how long after you apply will you be required to appear at the interview? I’m also in this process and would like to gather as much stuff as possible. 

Hi everyone, 

I apologize if this isn’t the right forum. 

I’ve been in the US for three weeks now and I haven’t gotten married, my wedding is on August 25th.

This last Monday I went to the SSN office and tried to get my card, the lady was super nice but told me she couldn’t give it to me because my status was mismatched, which means I no longer appear as a K1 alien. She told me that it looks like someone pre-applied for me for Work Authorization and that’s why I have an alien number (which she saw on the copy of my NOA2 I gave her). I know that’s not possible and that’s not how the process goes.

So my two options are: 

1. Wait for SS to confirm my status with USCIS, which could take weeks and it might not even be ready before my wedding and my name change: 

2. She said that if the first option can’t be done, I need to wait to have a work authorization card in my hands. Which I know won’t happen for another 6 months. 

My two biggest concerns are how to get on my soon to be husband medical insurance if I don’t have a SSN, and if I will be able to open a joint bank account that we can use as proof for the adjustment of status. 

I also met a couple in my neighborhood, and because of this same problem, he couldn’t get his California driver’s license. 

What can I do? Thanks everyone  

Hi! I am trying to make an appointment to get my SSA but I can’t find the link anywhere online. Can somebody help me? I called and the wait time is 1 hour 😐 

I believe you applied for a spousal visa, not K1. Was your visa approved? If so, is it out of Administrative Processing? It should say "Issued" on CEAC. Once that happens, it takes up to 10 business day to even receive a tracking number. If you don't let the 10 business day go by, they won't make an inquiry in your case. 

You can check here, or keep calling everyday: 

https://ais.usvisa-info.com/es-mx/iv/users/sign_in

You could've had it sent to your home in Mexico, right now there's really nothing you can do but wait.

1 hour ago, JoseMei said:

 Our visa approval is valid until October 20th. Consider the current situation in Venezuela, I am afraid that we do not have enough time to prepare those documents for the interview .

If you haven't had your interview, you don't have the visa yet. Your petition on the other hand is valid for 4 months from the date of approval. You can call the embassy and ask them to extend it for another 4 months, which could give you some time to gather all the documents you need.