UnitedStatesGuy

2 minutes ago, HRQX said:

https://www.uscis.gov/i-485-addresses

I take it I can mail both packets together to that address?

1 hour ago, HRQX said:

 

Thank you!! Sorry for so many questions... Do you know where I can find the exact address or drop off location for the chicago lockbox?

Do you guys know if there are any Cover Letter templates out there for the 130 or 485 packets?

Just now, HRQX said:

Yes (I assume you are younger than 79). USCIS also accepts payment by credit cards and debit cards: https://www.uscis.gov/news/news-releases/uscis-expands-credit-card-payment-option-fees

I got excited when I saw the credit card form (I don't want my AOS to be sent back due to bad check amounts) but you still have to put the authorized dollar amount on there. 

2 minutes ago, HRQX said:

Put "No status." It's recommended to also submit I-765 and I-131; they are free to file in your case.

Will do. I wish calculating the fees were easier. My math gives me $1225 for the 485 packet and $535 for the 130 packet. 

Just now, HRQX said:

Correct.

thank you!

Just now, geowrian said:

ESTA is just a travel authorization to board the flight. VWP is the program one enters with. WT would be their status.

 

Out of status is fine for current status. Their class of admission would be WT.

Thank you!!! So helpful!

The only other question on there I'm not 100% sure about is the: "Are you applying for adjustment based on the Immigration and Nationality Act (INA) section 245(i)?

I think I check "No"...

1 minute ago, geowrian said:

What "grace period"? I'm assuming you mean period of legal status given at entry.

 

Out of status is fine.

Yes, I mean we're filing past the 90 days that an ESTA lasts. There is a question on the i-485: "What is your current immigration status (if it has changed since your arrival)?" 

It would be WT if the ESTA wasn't expired, but I am guess that I need to put "Out-of-status" since we are way past the 90 days. Am I correct?

Hi all. We are filing our AOS paperwork this week. We married while under ESTA/VWP, and are filing AOS after the 90 day grace period. On the i-485 do I need to put "Out of Status" for current immigration status? I assume so... right?

On 3/9/2019 at 10:47 PM, ST_RO said:

We just did exactly the same thing and luckily we had the full Turbotax version for free. If you'd like, send me a direct message and I will send you the numbers of the form we used to report my foreign earned income and the letter we sent to elect me as a resident for tax purposes. We had an appointment with the IRS this week because I had to apply for an ITIN because the SSA screwed everything up and I didn't get a SSN until my I-94 expired. Long story short, they accepted all of our paperwork.

Can I DM you for this as well? I don't see anywhere on turbotax to report foreign income and our IRS appointment is tomorrow!

7 hours ago, junkmart said:

From W-7 Instructions:

Certifying Acceptance Agent (CAA). A Certifying Acceptance Agent (CAA) can verify original documentation and certified copies of the documentation from the issuing agency for primary and secondary applicants and their dependents.

 

In lieu of sending in the original or certified documention from original issuer, you can visit a CAA and have the documents verified. The CAA will give you a Certificate of Authenticity to include with the W-7. That way you hang on to your original or certified copy from original issuer.. This may not be important to you. It was to my spouse as he did not want to me in the US without his passport on his person.

Are those other forms (1040, 1116, Schedule 3) something that I have to worry about? I am in no way a tax expert. I was going to download my completed TurboTax, and attach the W7 with the necessary supporting documents. 

5 minutes ago, junkmart said:

I don't think you will be able to use the software. I filed a paper return. Below is what I included, in order:

W-7 ITIN Application

W-7 Certificate of Authenticity (I had a CAA verify the authenticity of my spouse's passport so that I wouldn't have to send the IRS his original passport)

Copy of RA's passport

1040

Schedule 3 Nonrefundable Credits

1116 Foreign Tax Credit

Lastly, To go along with the 1116, I made a supplement that shows how I converted by spouses income from Mexican peso to USD. The preferred way to convert is to use the conversion rate that was in effect on each pay day. My spouse was paid bi-weekly, so I had a lot of different conversion rates.

 

You'll note that I did not include an election statement to treat my spouse as a RA. That is because my spouse passed the substantial presence test, and was therefore already a RA.

 

Thanks for the help! Who is CAA? I am trying to figure out how we would actually get a certified copy of her German passport. By definition, a certified copy is a copy certified by original issuer (German gov't), unless I am mistaken. 

As for the other forms you mention, are these things that I have to worry about? Or can I fill everything out on turbotax, and simply attach W7 & supporting docs?

13 minutes ago, geowrian said:

Yes, you can elect to be treated as an RA for the entire tax year as the NRA spouse of a USC. Then you can file as MFJ fine.

 

However, there are 2 issues:

1) Worldwide income must be reported. This can then be mostly to fully excluded via the FEIE and/or FTC.

2) She must have an SSN or ITIN. You cannot write in "NRA" instead. She is not an NRA if you elect to be treated as an RA. She would need to obtain an ITIN, OR wait until she has an SSN (via an EAD), OR you can file MFS now and amend taxes later.

Got it. Now if I am not mistaken, #2 is taken care of via ITIN/W7 being attached to the return...

My head is spinning a bit to be honest. I am trying to file jointly on turbotax, but nowhere does it ask for global income or anything like that. It asks for either W2 or 1099 for my wife, neither of which she has (because the small amount of income she had in 2018 was outside the US). 

5 minutes ago, junkmart said:

Geowrian answered that question, and provided a link to the IRS source document:

You can print and write in "NRA", then mail that.

 

https://www.irs.gov/pub/irs-pdf/i1040gi.pdf

"Be sure to enter your spouse’s SSN or ITIN in the space for spouse’s SSN on Form 1040. If your spouse doesn’t have and isn’t required to have an SSN or ITIN, enter “NRA."

 

You said she didn't meet the test to be a RA, therefore she is a NRA.

Sorry, I meant that shes doesn't meet requirements for NRA, therefore she is RA. I did the math and the return is much bigger if we file jointly. 

2 minutes ago, junkmart said:

Then she is a NRA. The easiest way is probably to file MFS, as you intended to do. You would write NRA for your spouses SSN/ITIN, as mentioned by geowrian. Your spouse would not have to file anything.

 

That being said, you may want to explore the MFJ option I mentioned previously, as this may get you a bigger return. The only way for you to know is to do mock returns.

I don't see how writing "NRA" in will solve anything. It says the IRS requires a SSN or ITIN no matter what for the spouse right? 

I also don't understand how you are saying that she is NRA if she does not meet the test... 

30 minutes ago, junkmart said:

Depends on several factors. See link below.

 

https://www.irs.gov/individuals/international-taxpayers/determining-alien-tax-status

Looks like she does not pass the substantial presence test (she's been here over 31 calendar days in 2018). It lists tourist visas as exception days, but no mention of ESTA/VWP she would pass if ESTA/VWP days were exempt. What do I do now? 

2 minutes ago, junkmart said:

I take back what I said. Apparently, your spouse may need a SSN or ITIN, even if you are filing separately. I thought if they were a NRA, that a SSN or ITIN was not required, but I was wrong.

 

https://www.irs.gov/individuals/international-taxpayers/nonresident-alien-spouse:

If your spouse is a nonresident alien and you file a joint or separate return, your spouse must have either a Social Security Number (SSN) or an Individual Taxpayer Identification Number (ITIN). ... If your spouse is not eligible to get an SSN, he or she can file Form W-7 with the IRS to apply for an ITIN.

Got it, that's what I figured. Is she NRA if she is in the US, going through AOS through ESTA/VWP? I believe she is...

3 minutes ago, junkmart said:

Since you are filing separately, I've read/heard that you can "cheat" by entering 999-99-9999. Otherwise, you can print the forms, leave spouse SSN/ITIN blank, and mail your return.

 

If you were filing jointly, as I did, you would need to mail the return with W-7 ITIN Application.

It seems like filing jointly is much more complicated... Where did you read about the 999 thing? 

Lastly, if she had no income in the US in 2018, does she really need to file a separate return? 

Edit: She previously had an SSN from when she used to be an Opair (but it has since expired), would it make sense to just put that in? 

I am trying to file separately, but it is not letting me file on turbo tax since my spouse does not have an SSN or ITIN. Anyone else having the same issue?

I don't know what to put for my wife's 'start date' at her new US address. She came on VWP/ESTA. Do I put the day that we got married? Same thing for 'end date' of her most recent foreign address?

Hey All, 

This might be a bit much, but me & my wife just went through our whole AOS packet, and we have a number of questions... Any help would be much appreciated. If there's other links that answer some of these please let me know (if you can). We are both in the US and are applying for AOS from ESTA/VWP.

I-130

-Part 4, #59: It asks for the date that we started living together. I am guessing this would be the date we got married? She came here on vacation and we had absolutely no plans of getting married, but that's what ended up happening. 

I-130 A

-Part 1, #5a: Same question as before. It is asking for the start date of her living here basically. It asks for the start date of her current address (which is in the US now). 

-Part 1, #9b: Similar question, this time asking the end date for her address overseas. I am guessing the best answer is the day we got married?

32 minutes ago, C90 said:

You posted in the AOS from K1/K3 forum, but it seems like your adjusting status from an ESTA or some other type of visa? I-130 is a spousal visa, is that what your questions are about?

There seems to be no AOS section of the forum for ESTA or other types of family based visas. I was directed by others to use this guide: https://www.visajourney.com/content/i130guide2  which I have. 

Yes, adjusting status from ESTA. I'm having a hard time navigating. Did I post this in the wrong place?

Hey All, 

This might be a bit much, but me & my wife just went through our whole AOS packet, and we have a number of questions... Any help would be much appreciated. If there's other links that answer some of these please let me know (if you can). We are both in the US. 

I-130

-Part 4, #59: It asks for the date that we started living together. I am guessing this would be the date we got married? She came here on vacation and we had absolutely no plans of getting married, but that's what ended up happening. 

I-130 A

-Part 1, #5a: Same question as before. It is asking for the start date of her living here basically. It asks for the start date of her current address (which is in the US now). 

-Part 1, #9b: Similar question, this time asking the end date for her address overseas. I am guessing the best answer is the day we got married?

For the I-130, Part 4. 59.a.... It asks the last address that me & my spouse lived together. She is currently here and filing AOS from within the US. Would the 'date from' be the day that we got married? I didn't know which thread to post this in so I apologize if this is the wrong one.