ScorpioSun

On 2/19/2021 at 6:46 AM, Wuozopo said:

That does not exclude you from needing to file a US return. The tax treaty says you pay taxes to the place where you live.  You actually should have made a break from UK taxes when you moved to the US. I don’t know how that works. If you have an employer, they can code your earnings as non-taxable. I was never self employed in the UK so can’t help with how to quit paying taxes to the UK.

 

Yes you have been in the US long enough to be a resident alien for tax filing. You can file a joint return with your spouse and it will most likely be your best choice.  You cannot take the Foreign Income Exclusion (Form 2555) for 2020 taxes because you did not work in a foreign country any days in 2020. You worked in the US and all of your income is taxable by the US. 

You are eligible for the Foreign Tax Credit (Form 514). They haven’t formalized the 2020 version, but read this 2019 version (latest on IRS website)  because it will be much the same. https://www.irs.gov/publications/p514. The tax credit will subtract what you paid to the UK from your US taxes owed. 
 

Your tax return will include Schedule C (your profit loss from self employment)  and Schedule SE (calculating your Social Security and Medicare contributions). You may be able to deduct your health insurance premiums as self employed. 

Estimated tax payments

Yes the IRS wants you to pay as you go, so to speak, rather than pay your owed income taxes all at the end when you file. That is done by making quarterly estimated payments. The first year is hard to know how it all works. Payments are “estimates” and not exact. Anything you pay in (going forward) helps. When you file a joint return, anything a spouse had deducted in 2020 for taxes by an employer may help you. If the spouse had too much held out, that extra covers taxes your income generated. On a joint return it’s all in one pot...total income earned and total paid in for taxes, no matter which individual earned it or paid it in. 

 

Thanks a bunch, this has been a great help. With this plus some more digging I'm armed with a much clearer idea of how it all works now - should be up & running in no time.

10 minutes ago, ScorpioSun said:

Hi guys, hopefully someone with experience can give me some pointers here: I am based in Cali and applied for AOS based on a K-1 at the end of 2019 & have been waiting for a green card interview date since early last year.

 

In the meantime, to make ends meet I've been registered as self-employed in the UK and remotely earning money from UK-based companies into my UK bank account, and keeping up with UK taxes.

 

However I'm unclear about where I stand with the IRS - it seems I've been here long enough to be classed as a resident alien for tax purposes, and as I understand it, that means I should have registered as self-employed over here too at some point and started paying quarterly tax estimates? Also I've read that US tax can be offset by the UK tax I'll be paying?

 

I've been googling everywhere, including the IRS website, but can't seem to find clear, consistent answers about the specifics of this, or even how to start, or from what date I should have started (I'm presuming I'm a little late at this point & will face some fees - self-employment has gone on longer than anticipated as I'd hoped to find a US job by now).

 

Any ideas or insights are welcome.

EDIT: Forgot to mention, I have a SSN & work permit.

Hi guys, hopefully someone with experience can give me some pointers here: I am based in Cali and applied for AOS based on a K-1 at the end of 2019 & have been waiting for a green card interview date since early last year.

In the meantime, to make ends meet I've been registered as self-employed in the UK and remotely earning money from UK-based companies into my UK bank account, and keeping up with UK taxes.

However I'm unclear about where I stand with the IRS - it seems I've been here long enough to be classed as a resident alien for tax purposes, and as I understand it, that means I should have registered as self-employed over here too at some point and started paying quarterly tax estimates? Also I've read that US tax can be offset by the UK tax I'll be paying?

I've been googling everywhere, including the IRS website, but can't seem to find clear, consistent answers about the specifics of this, or even how to start, or from what date I should have started (I'm presuming I'm a little late at this point & will face some fees - self-employment has gone on longer than anticipated as I'd hoped to find a US job by now).

Any ideas or insights are welcome.

Hey guys, as usual I've been reading some conflicting information online about what is required for AOS on a K-1 visa & need some clarification.

I entered the US with my K-1 a couple of weeks back & got married, however the K-1 itself expires pretty soon. As far as I understand, the visa itself is basically irrelevant now that I've entered the US, but I've read in various places online that I need an unexpired K-1 visa in order to file for AOS. This would be pretty inconvenient as mine will expire before I get an SSN, amongst other things.

Am I right in thinking that now I'm married I only have to worry about filing for AOS before the I-94 expires? And that the K-1 expiry date has no more relevance now that I'm married & in the US? Or will I need to hurry up & file while the K-1 is unexpired?

Thanks for the replies folks, basically just need my visa & the sealed packet then, that's a relief!

Hi folks, apologies if this has been answered elsewhere but I've been finding some conflicting info on exactly what I'll need to bring for point of entry on the flight over. I'm flying into San Francisco in a few days with my K-1 and want to make sure I've got everything in order.

As far as I knew, my passport with the visa page & the dreaded Sealed Envelope are all I'll need, but I've been reading in other places that I'll need more paperwork?

If I do need to print anything else off then I'm screwed since my printer is now gone, but I have all files, scans & photos from the petition in Drobox & available on my phone, and the printout of my actual visa application with the barcode. However I've not been officially told I'll need anything other than the passport/visa & the envelope (and it wouldn't make much sense to me to bring anything else, but I've also realised this process doesn't always make much sense) - can anyone with experience confirm what was required on entry?

Thanks for all the tips guys - I tend to err on the side of getting copies of everything too, even if it's just for my own records, so will definitely get a copy of the certificate. We'll be in Sacramento for a while at first, so we won't be dealing with the LA County delays thankfully. Just AOS to look forward to then... I'll be glad when all the bloody red tape is finally done!

This is fantastic, thanks so much for all the replies.

We did look into the "normal" marriage process but I assumed it would be different for us & wanted to check. Thanks for clarifying everything folks, we can go ahead and start planning ahead now 😄

This might sound like a dumb question but... neither my fiancee nor I are sure how to get married once I'm over in the states.

I'm currently in the UK in Administrative Processing purgatory, and if all is approved I will be moving to California. All I can find out for sure is that if two US citizens want to marry they'll need a marriage license in Cali, but I have no idea what kind of preparations I need to make as a K-1 immigrant. Are there any posts here or anyone who can summarise the process?

Cool thanks for the info everyone, as usual this place has been a lifesaver 👍

Thanks for clarifying that folks, it does make a certain kind of sense. I just figured the embassy would only be interested in the details & proof from whoever is actually sponsoring me.

With regards to her income and proving it, she's never held a steady job, so there's no straightforward figure or proof. She joined a temping agency at the end of last year, so there is no regular set wage or salary & only a few months of payslips to prove any income. For now, on the "salary" part of the form she's just multiplied the past few months' worth of income out to get an average 12-month figure, but she's not sure what to supply as evidence, and how long back they'll want it (she worked part-time for six months 2017-2018 too, but that business closed down & is gone).

I'm guessing bank statements and paystubs won't be enough?

I've looked around for this info but can't seem to find many consistent answers, so hopefully someone with some experience can help.

I am the UK beneficiary, and my fiancee is in California. She currently does not earn enough to make the minimum required for sponsorship, so I've asked my US-based cousin to be a co-sponsor. I understand that my cousin will obviously have to fill in an I-134 and provide proof of income, but will my fiancee have to fill in one too, even though she won't actually be sponsoring me? Googling this turned up reasons for both Yes and No. If Yes, then will she also need to provide proof of income (ie. proof that she doesn't earn the minimum)?

Common sense would tell me No to both questions, but I'm realising common sense doesn't always factor into this process!

That's all fairly reassuring news so far, thanks for the replies guys!

I've just spoken to a cousin of mine in Cali, who is a full US citizen (born over there) and he said he'd be willing to be a co-sponsor. Now I'm guessing this won't be a problem, but I'd just like to check if anyone else has been in a similar situation and whether London will have any issues with him being my family & therefore not having any real ties to her.

Thanks for the reply, that clears a few things up.

As for co-sponsorship, it seems unlikely that her family or friends will be able to qualify at the moment. I understand that, although technically a co-sponsor can be anyone, it should be someone with a vested interest in the marriage. With that in mind, I have extended family members (cousins, aunts, uncles) as permanent US citizens - would it raise any red flags if a member of my US family became co-sponsor instead of her family, since I'm the UK beneficiary?

Hi all, I've had a look around (including the USCIS site) but as with many things I've found differing advice.

Basically my fiancée is in California and I am in the UK, so we're gathering our stuff for her to submit the I-129 within the next few weeks.

The complication is that she is currently out of work. In order to meet the required income (both for the K-1 and for herself) she will likely need to be both employed and self-employed. She is getting her self-employed work underway at the moment (employment is a trickier issue as she'll be having to move to a different city at some unknown point over the next couple of months). My questions are:

• Am I right in thinking she will have to send me proof of her income which I will then present at my visa interview in London?
• How lenient are they likely to be given how relatively recent her income will be at that point? (Some say she'll need at least three months of the minimum required, others six, others don't say).
• Once the NOA2 comes through how much time will I have to apply & get the interview (ie. will there be any leeway to give it an extra month or so)?

Thanks in advance for your help.

16 hours ago, Wuozopo said:

H-1b oversubscribed and applications open about April 1 each year and they basically are "sold out" of how many they offer on the first day.  And documented certification that your skills are so special that there is nobody in the US who could fill that job

That's pretty much what I suspected, I figured the work route was a long shot. Thanks for all your input, and JFH & Illiria. I actually have extended family in the US, so I'll be quizzing them too, but the details are a whole lot clearer now thanks to you guys.

19 hours ago, Wuozopo said:

That really isn't an easy option for you for many more reasons than I want to elaborate. I would dump that notion.

You said you don't want to elaborate, but are you saying this isn't worth doing simply because it's more a difficult or longer route than the fiance / spouse visas? Or because there might be legal complications or conflicts with marrying once over there?

Cool that's actually very helpful.

Unfortunately I work for a medium sized company that only has one office here in the UK, but I've been employed there for five years (based on the strength of previous 5 years' self-employed experience / skills). Without getting into nerdy details my skillset is  relatively specialised - not just generic development skills but specific technologies and their applications that are in fairly hot demand right now.

If I did manage to find an employer over there I would indeed intend to stay with them, as I'd be looking for that line of work anyway if I got over on a fiance or spouse visa, so maybe that's an option after all.

I'll be talking to her tomorrow so I'll get her input on her situation too.

Thanks again.

Thank for the pointers & quick reply - yes that's pretty much what I suspected.

As for work, I agree it's a long shot but as far as UK employers are concerned, my experience seems to be worth as much as a degree (it's how I got my current job & have been offered others). I did wonder if I could just apply for jobs in CA & hope to find an employer willing to sponsor me, which I figured I might as well try since I won't lose anything, but the only concern is whether this would be viewed as fraud since I would indeed be intending to marry and naturalise at some point while over there.

This is my first foray into the site so the usual "hope I'm in the right place" disclaimer applies. I've googled around and cannot find much in the way of solid advice on this front, and would ideally like to seek legal advice once I've saved up some more cash, but hopefully people here with experience might be able to help.

In short, I am a UK citizen who met a girl in California online 5 years back (April 2013), and 6 months ago (September 2017) we realised we had feelings for each other & decided to get together. She came to England in November, and I visited her twice after, once in December/Jan, and again in Feb - all 3 visits lasting around a week. We've decided that we want to marry and live in the US. We got engaged during the Feb visit too, so there is plenty of evidence we're a genuine couple. The most obvious course would normally be to get started with the K-1 process and get me over there ASAP.

However!

She is currently out of work and having to live with her mom, who is moving cities soon (possibly April, but it's unknown at the moment). So not only does she not have the required minimum income, but she also doesn't have her own place, and has no real idea when she will regain her financial independence & be in a position to marry. I've read about self-sponsorship, and have a few grand stashed away in savings, but there's still the practical issue of her not having her own place.

Although this is a long shot, since I don't have a degree, I do have over 5 years of employed experience with a lot of wanted web development skills (my skillset is actually much more varied and relevant than many other web developers / designers) so I have wondered about applying for jobs over there just to be close to her, since regular visits are clashing with my job here and costing a lot of money. But I'm also guessing that going over on a temporary work visa and then marrying might be viewed as visa fraud, even though (or even because) we have a bona fide relationship. So as far as I see, our options are:

1. Wait until she's financially stable and then apply for the K-1 (risk-free but potentially a very long wait, and I can't work straight away once approved)
2. I attempt to find work over there on a non-immigrant visa, and then we marry once she's financially stable, and she files for a CR-1 (potential visa fraud since we're already engaged?)
3. She comes to the UK to marry during a "normal" visit, and files for a CR-1 when back home (presumably I can at least start working as soon as I'm over there once approved, but living arrangements might get complicated)

I realise none of this is a particularly quick process, but like most couples I am simply looking for the quickest (or the least slow) way of being close to her with the eventual intent of becoming a US citizen - essentially just being able to go over, work, marry her, and live together.

I've read conflicting information about which is quickest between K-1 and CR-1, and what the laws actually allow regarding "intent" and marrying. Also I'm basing my above 3 options on what I've gathered from forums like this and other sources online, rather than personal experiences or expert advice. So any clarification or help would be hugely appreciated by the two of us at the moment!