enigma992

6 minutes ago, faithful12 said:

Offer letter is something they ask for 1st at the EB3 visa interview

Offer letter was first thing I was asked for interview (EB2). I have heard of EB2 and EB3 not being asked for it but I think this is rare. The offer letter needs to be within 1 month of interview and notarized.

They do not actually follow up with the employer so it is difficult to see how they would know if someone had just falsified a letter but ofc this would be serious fraud.

8 hours ago, maryLu said:

CONGRATULATIONS! How  exciting!  I know you have been waiting for a long time to get to this point. Thanks for letting us know how the interview went. What is your home country?  Wish you all the best in this new chapter !

 

Home country is Ireland. Thanks for the good wishes! Yes, I was waiting a long time... over a year since case went to NVC. At least it is nearly over now!!

On 20/11/2017 at 11:44 PM, maryLu said:

@enigma992 best wishes for your interview! Let us know how it goes!

Thanks! I was approved.

Interview in Montreal was fairly straight forward. Lots of waiting around (about 3 hours) but interview itself was just 3 questions:

1) What will you be doing in your new job?

2) When was the last time you were in the US?

3) Why are you applying from Canada?

Interview took 5mins then was approved.

Also had to a sign a piece of paper saying that my Green Card was tied to my job offer and if my job offer was withdrawn, then I could not continue with my application.

They asked for my, and my spouses Canadian visa so do make sure you have that if you go to an interview in a country where you are not a citizen. They don't list this on most of the checklists so you need to make sure you have this. They didn't ask me for anything else that wasn't on the checklist.

5 hours ago, jle2234 said:

I can't be 100% sure, as each case is different.  However, I was not able to get one of my vaccines due to a previous allergic reaction.  I didn't deal with it at all -- the office where I had my immigration medical done didn't even mention it to me (I had received all other vaccines at my doctor's office prior to going for my medical, and simply listed the allergy on my paperwork at the immigration medical).  It never came up at the interview.  When I received my passport after immigration approval, there was a vaccination waiver printed right on my visa.

 

If you're worried, you could possibly call CEAC and ask.  But it was not an issue for me.

Thanks. Sounds like it should be fine and I should be in a similar position to you. Ultimately the Doctor has put down that it is medically inadvisable for me to get that shot(a conservative decision as he admitted himself) so the American authorities cannot really insist that I get something that a Doctor has advised against. 

Hi All,

I had my medical in Surrey with Dr Cheema on Friday. I needed a TDAP vaccination (I almost certainly had it as an infant but could not get proof) so I paid to have it done there. Before the injection I let the doctor know that I had had a bad reaction to tetanaus injections in the past, when I was 11/12 years old, where I felt unwell for a few hours after and vomited. I wasn't asking not to have the TDAP but just wanted to let him know that I had had a bad reaction in case it happened again. Anyway he said he wanted to be conservative based on what I had told him and not give me the vaccination. Instead he said he would mark a "Medical Contra" in my report for TDAP.

He said this should not affect my Green Card application but he was a little vague and I just wanted to double check here that that is definitely not going to be an issue? Does anyone know if there anything else I need to do? Is his marking the "Medical Contradiction" the same as getting a waiver?

Thanks!

15 hours ago, Greendre said:

Congrats Greenline2017 So happy for you!!!!

 

Here is a good news from my side.... Immigrating Officer when she told your visa is approved we were about to jump there... She was very polite and finally said your visa is approved. CEAC status says ISSUED. we are waiting for the passport delivery.

 

Thanks to everyone prayers. Hope all gets their visa soon...

 

 

 

 

 

Congrats!

For tujna and others who have been approved recently. Can I ask what questions you were asked about how you fund the employer who is sponsoring you and whether you were interviewed etc.? I actually found my employer online and did interview with them in the States. I then worked for them remotely from the UK and more recently Canada. I believe this is all completely legal but just curious as to how much you were asked about your job.

Thx

Hi guys, you dont need any financial documents e.g. tax returns for EB cases unless you have lived in the US before, right?

(I know proof of join bank accounts etc. can help for proving a genuine marriage)

On 28/10/2017 at 10:28 PM, mallafri76 said:

You’re probably gonna need a new Canadian police cert. It might be different from embassy to embassy but the US Embassy in Sweden don’t issue visas if the police cert is expiring in less than three months.

Do you know this for a fact? Can you provide some further info. It could vary from embassy to embassy but I would be interested to see where you saw this or where this is listed.

The Montreal instructions say nothing of this:

"If you previously submitted a police certificate to NVC, it is more than one (1) year old, and you still live in that country, you must obtain and bring a more recent police certificate to your visa interview as the one you previously submitted will have expired."

Hi All,

The instructions from Montreal for my Green Card interview state the following:

---------------------------------------------------------------------------------

Polcie Certificates:

If you are older than 16 years of age: The original police certificate from your country of current
residence and countries of previous residence. If these three items are all true, you must bring a more recent
police certificate to the interview:
 He or she is older than 16 years;
 He or she obtained a police certificate and submitted it to NVC more than one year ago; and
 He or she still lives in the country that issued the police certificate.

----------------------------------------------------------------------------------------------------------------------------------

My interview is on November 22nd. My Canadian police certificate is still valid until mid December and I have only been living in Canada the past year. My UK and Ireland police certificates are now about 14 months old. I have returned to both countries to visit briefly (1-2 weeks) but have not resided there since they were issued. Do you think based on the above that I am safe from needing to get new ones? it is not straight forward to get the Irish one especially so I'm hoping it's not necessary. Anyone have experience with this?

58 minutes ago, Nitas_man said:

 

A "fortune" is probably $400-$500 if you have everything well-documented.

 

You file 2017 taxes as a resident in 2017 and it is not "US" or "Canadian" income.  It's all reported and all taxed, no matter where you earned it.  Add it up,  subtract your exemption, exclude about 100k (foreign earned income exclusion), and pay taxes on the rest at the bracket rate of whatever your original income would have been.  If you made less than $110K or so - it doesn't matter anyway - you won't owe any taxes, but if you made more that that then the taxes on all of it will pay for a nice trip before your move to the US. 

 

Me?  In your place I would avoid entering the US if possible until after the first of the year.  You file federal taxes and file from a state address the state will come after you to file.  Not worth it if it can be avoided.

Correct me I'm wrong but the above applies to if I file as a resident, which I can choose to do if I'm married to a US resident at the end of a tax year. I can also choose to file as a (and if unmarried would have no choice but to file as a) dual status alien in my first year. Unless you are saying that for some reason I would not be allowed to file as a dual status alien which contradicts my understanding. As a dual status alien I would not have to report or be taxed on foreign sourced income earned and received prior to the date I become a resident alien. To be clear, this is an employment based green card and neither myself nor my spouse are US citizens or as of yet, resident aliens. We both live in Canada and have never lived in the US.

• What is a dual-status alien?  A dual-status alien is an individual who is considered to have been both a resident and a nonresident of the United States in the same tax year.  This is generally caused by an immigration occurrence such as acquiring or revoking a Green Card. Source: https://www.taxesforexpats.com/articles/expatriation/dual-status-aliens-how-to-file-your-us-income-tax-return.html

• Dual Status Aliens report their entire worldwide income for that portion of the year in which they are Resident Aliens, and report only income that is sourced in the United States or that is effectively connected with a U.S. trade or business for that portion of the year in which they are Nonresident Aliens. Source: https://www.irs.gov/individuals/international-taxpayers/aliens-which-income-to-report

7 minutes ago, maryLu said:

Oh, I see. Now it makes sense why they asked questions about the relationship. I am also a dependent on my husband's EB3.

My spouse is a dependant on my EB2. Based on advice from my lawyer - I am assuming they may ask questions about our relationship. Even though it is not a marriage based Green Card, I think they still want to make sure it is a genuine marriage. I imagine they might not ask at all though depending on their mood as there is not the same risk of fraud as with marriage based Green Cards.

On 10/19/2017 at 10:53 AM, tujna said:

Hugeeeee congrats, so happy for you!!!!  Almost over!

Tujna, how did your interview go? Apologies if you have already said and I've missed it!

On 10/20/2017 at 5:53 AM, Greendre said:

Hi enigma992,

 

Just saw this!

Congrats.. So happy for you......

 

Thanks!

33 minutes ago, enigma992 said:

Thanks. From reading Pub 519 and other documents, it would appear that I do not have to report foreign(non US) source income earned and received before becoming a resident alien. Since I become a resident alien on the day I enter the US with my approved green card, as long as I have been paid for all self employment work before then, it appears I do not have to report it.  Any payment received after that date, even for work completed before that date, is subject to US tax - which make things interesting as Canada would also want to tax  that money since it would have been earned while I was a tax resident in Canada. I think tax treaty tie breaker rules come into play then which obviously sounds painful.

 

The other question is that since my self employment income is paid from the US, is it really foreign source income. Thankfully the IRS seem to regard the source of the income as where the work was performed, which is Canada, as long as it was not effectively connected with a US trade or business, which I do not believe it was according to the rules.

 

Overall, and this is just my understanding so far, it would seem that as long as I receive payment for all self employment work done in Canada before I become a resident alien in the US, then I don't need to report it..as below. (I should add that I am not a Canadian citizen)

 

 

• Dual Status Aliens report their entire worldwide income for that portion of the year in which they are Resident Aliens, and report only income that is sourced in the United States or that is effectively connected with a U.S. trade or business for that portion of the year in which they are Nonresident Aliens.

 

 

15 hours ago, Wuozopo said:

I do not know what  a tax accountant experienced with international situations would charge. I wouldn't trust that the H&R Block dude in the Walmart kiosk would have a clue how to do your return. My American wife has never had anybody do a tax return and did ours the year I immigrated as well as learned the self-employed requirements.  Fees are something we are not familiar with. Texas does not have a state income tax, so no experience with that either. Somebody else will have to answer the fee question. For us, it's $20 TurboTax software and lots of reading of actual IRS publications. Start with Pub 519 https://www.irs.gov/pub/irs-pdf/p519.pdf 

 

In general, the year you are a resident alien (greencard holder in your case) and have enough income to need to file a return, then your income for the entire 2017 is reported no matter where in the world you earned it. That does not mean it is taxed because there is foreign earned income exclusion or foreign tax credits,  but all worldwide income is reported. There may be something in the dual status year option to learn. So yes it gets complicated. Get you answers by reading that 67 page publication above because I have no experience with your exact situation. Also read the instructions for Form 1040 https://www.irs.gov/pub/irs-pdf/i1040gi.pdf which as a permanent resident is your form. That link is 2016 instructions, but the basic rules will be similar in 2017 when it is published.  

Thanks. From reading Pub 519 and other documents, it would appear that I do not have to report foreign(non US) source income earned and received before becoming a resident alien. Since I become a resident alien on the day I enter the US with my approved green card, as long as I have been paid for all self employment work before then, it appears I do not have to report it.  Any payment received after that date, even for work completed before that date, is subject to US tax - which make things interesting as Canada would also want to tax  that money since it would have been earned while I was a tax resident in Canada. I think tax treaty tie breaker rules come into play then which obviously sounds painful.

The other question is that since my self employment income is paid from the US, is it really foreign source income. Thankfully the IRS seem to regard the source of the income as where the work was performed, which is Canada, as long as it was not effectively connected with a US trade or business, which I do not believe it was according to the rules.

Overall, and this is just my understanding so far, it would seem that as long as I receive payment for all self employment work done in Canada before I become a resident alien in the US, then I don't need to report it..as below.

• Dual Status Aliens report their entire worldwide income for that portion of the year in which they are Resident Aliens, and report only income that is sourced in the United States or that is effectively connected with a U.S. trade or business for that portion of the year in which they are Nonresident Aliens.

26 minutes ago, Wuozopo said:

 

Not seeing the exact dollars and cents of your whole employment situation, it is hard to say. But a US tax return for a self employed person adds on a schedule C and Schedule SE. I wouldn't bother getting into that  just for a fly in. You would end up paying a fortune to somebody to do your tax return for you. And figuring it out yourself would take many days/weeks of reading and studying tax publications for two countries and a state. Just making the break in 2018 sounds like the stress free answer since you have that option.

What's a "fortune", ballpark figure? $1000, $5000, more? If I do enter the US in December, if I have stopped working as self employed and received all payments before entering the US and become tax resident, would I still need to file all that stuff for self employment work done before I became US tax resident?

Appreciate the help btw.

1 minute ago, Wuozopo said:

 

If you are a US resident in 2017, then you have an FBAR obligation to report the highest value in your accounts anytime during 2017. It doesn't matter if the account didn't exist December 31. It existed sometime during 2017. 

 

FBAR is no big deal. It is a REPORT. It is not a tax or something that costs you money. Don't let a simple online form dictate your moving date. 

 

Income tax tax is a totally separate issue. If you move in  December (for example) then will you get a US pay check before the end of 2017? If not, then you have no income to be taxed in 2017 so file no return. Only people earning over the threshold for their filing status file a return. Or they file just to get back money held out of their paycheck for taxes.  If you didn't earn enough to be taxed, then that tax estimate held out of the paycheck is not owed. They only way to get that back is file a return showing $0 tax owed, and $400 paid in. You over paid $400 and get a refund check.

 

Are you married to a US citizen? That is another tax scenario that can be beneficial to file 2017 jointly. But you don't even have to be moved to the US at all to file jointly with a US citizen spouse. 

 

 

Thanks helpful. Not married to a US citizen, it is an employment based green card application.

My paycheck situation is somewhat complicated as I am self employed. I will probably receive payment for my November work in December and I think it would be enough to require filing a tax return. It may actually work in my favor though as it will taxed at a much lower rate as only 1 months income for 2017 in the US, then it would as the 12th month of income in Canada.

My plan is actually to enter the US to get the stamp in my passport and then fly home back to Europe for Christmas. I will then permanently "move" to the US in January. Is there anything I should be concerned about with this plan? Will this plan mean that I should be exempt from any state taxes in 2017 even if I do need to file a return, since I will not actually have a residence in any state.

Does anyone know if foreign bank accounts closed before you become tax resident need to be reported. e.g. I may become US tax resident  in December if I get my Green Card by then. If I close my foreign bank accounts before the date I become US tax resident, do they still need to be reported?

And if I do, it actually would be beneficial to wait until January 1st to activate my green card at a point of entry as then I will be avoiding becoming a US tax resident in 2017 and will not need to report any accounts closed in 2017 nor will I need to do a US tax return for 2017?

Finally received interview notification today. November 22nd. Yay!!!! Finally.... Will be 5 and half months since case complete and almost exactly 12 months since my case made it to the NVC.

On 14/10/2017 at 9:16 AM, green line2017 said:

Hello @enigma992 any news from you,? W up with your case  ?

No news

I've tried emailing the consulate - they just pushed me back to the NVC. I've tried requested an expedite, that was refused. I am hoping beyond hope that since my PD again became current on Oct 1st that I went back in the queue then and will get a date at the end of this month.

Anyone think I would have any luck pushing for a supervisor and mentioning that I have been waiting since early June?

1 minute ago, Ebony1 said:

Hi everyone, I got my interview scheduled for 11/13. CC 08/22.

Thanks y'all for your support and encouragement.

@enigma992 have you tried calling, any updates?

Called yesterday...nothing. Did you call or get email? I don't think I will ever get an interview.

19 minutes ago, Greendre said:

Good news from my side.

Just now checked with NVC and got my interview date is on Nov 1st.

 

Congrats!!!!

Just to be clear, was your priority date current in September or is it just due to become current again in October? Looks like they do schedule interviews if your PD is not current if it is due to be current by the interview date.

On 21/09/2017 at 2:49 PM, Ebony1 said:

Just hang in there, it'll pass. No date still. I believe they'll start scheduling next week against November. Hopefully, I'll get a date.

I know of one person on the other thread who got a checklist and kept calling and calling until he got a supervisor to agree to review on the phone the additional document he had to submit - and he got an immediate Case Complete then. You could do the same. I had a checklist and gave up trying after a few calls although if I'd known then that it was possible, I would have kept trying.

21 hours ago, Greendre said:

Agree Greenline.

 

I will wait patiently.

 

I am just trying to get some statistics on EB2 visa type and wondering the people here in this thread are all classified as CR1 in NVC 2017 Scan dates. 

like blessing dawn, pp_2016, dildeep, patel.niraj. Just curious if I need to go to someother sheet.

 

Thanks again for all your efforts. 

There are not many EB people on this forum relative to CR1. Your CC was in June and your priority date was already met by that stage?

I assume you were not affected by the EB-2 ROW retrogression as India is not counted as ROW?

2 hours ago, tujna said:

Absolutely!  I read someone got an interview letter on Saturday morning, so definitely give them a call!  Otherwise, I thought it was very misleading from NVC reps to give inaccurate information - there is just really no obstacle to scheduling October interviews since dates are current

Just called. Nothing yet. Guy just read off a script saying that I would not be placed back in the interview queue until my priority date is current. Not much I can do but wait. The agents dont seem to know anything other than what's on their computer, as we already knew..