US-UK

More than just the I-9, you need to pay the nanny taxes and issue payments properly for both your protection and the protection of your nanny. It’s not just illegal but also exploitative of the nanny(and house cleaners, and other domestic staff) for you not to do so, as it deprives them of legal protections now and critical social benefits like Medicare and Social Security later in life. 

Definitely talk to whoever has been preparing your US taxes while you’ve had a green card, as presumably they’ve been applying the treaty to your U.K. sourced income and are knowledgeable enough to make the switch over to US sourced income So you can (or get someone to) apply the credit against your HMRC Self-Assessment if you are required to do one.

I would never suggest to make personal property into joint property, or doing any transaction that triggers a tax issue without getting strategic tax advice, but it is technically possible to be on the deed without being named on the mortgage.

That said, if ever there was a time to refi a mortgage, this would seem to be it given current rates.

EB1-A (with a fantastic lawyer and premium processing, all thankfully paid for by someone else). 

My partner came to the US on 01 (which took 4 months from him starting to collect paperwork to arrival in US), with company funded legal support and expedite. I recall we were advised to wait 6 months after arrival before adjusting status but then delayed it further for personal/business reasons. We are, thankfully, a few years into our careers and my partner is in a field that lends itself to the publications and awards they are looking for, and doesn’t have any US specific training or licensing requirements, so he covered the EB1 criteria fairly comfortably.

We had employer-funded legal support and were, honestly, pretty disconnected from the green card process as the heavy lift on Information and document preparation was already done for the O1, except for some new/updated recommendations. Sorry not to be more helpful, but I did want to respond as O1/EB1 are such a small group on VJ. 

On 5/3/2020 at 10:48 AM, Wuozopo said:

If you do not earn US income during the tax year, you have no obligation to file,

This is very concerning advice tax as we have zero information about the OP’s tax position based on the question asked.

If you have current or continuing foreign income (rents, severance, vesting equity, etc), you may still need to file, even absent US income. Or if you have US unearned income subject to certain rules. You may not owe anything, but you still file. 

And for some people, US filing obligations don’t wait to start on green card. You can already have an obligation to file based on time spent in the US in prior years.

Not everyone reading this site is in the same employment, travel and financial position, so we need to stick to the question asked or probe for more information when needed. And answers about tax advice should be caveated (eg, most people will not have a filing obligation) or be more precise (eg, no need for a return if you don’t have xyz).
 

And people new to the US tax system, please bite the bullet and hire a tax accountant familiar with your country’s tax treaty.

Time can’t ‘stop running’ on visas, including O1s, because most recipients are actively using them. It’s unfortunate your boyfriend didn’t just move up his flight but nothing to be done on that now.

As to current solutions, O1s are easily extendable so just have his lawyer submit the paperwork when the time comes. Or after he gets to the US, work for a bit and adjust status as an EB-1. There are a few additional requirements to prove qualifications and he might need to go back to his recommenders to have them revise and reissue their letters, but honestly it was a fairly easy and short timeline as he’ll already have his CV, publications, awards, etc. pulled together. There is no interruption to work eligibility. Our biggest downside was not being able to travel while waiting for AP to come through.

Am I the only one wondering how all the family members ‘stuck in the US’ will manage to extend their travel insurance and do so in a way that covers them should the get covid? Screwing up a visa is bad enough, but a hospital bill could be crushing for the visitor and their financial guarantor, even under the CARES Act. I am honestly astonished that people didn’t start repatriating in late February and heed the recommendations and subsequent directives to return home in March. 

 

On 4/2/2020 at 6:11 AM, proudtobabritgirl said:

Because of the pandemic, US green card holders are stranded abroad.

The US and other countries repeatedly told their citizens and LPRs to return home immediately or be prepared to stay out for an extended / indefinite period of time.  So I continue to struggle with the notion that anyone is “stranded” when there were options, each of us chose an option, and now each of us has to live with the consequences of our decisions.

3 hours ago, Duke & Marie said:

in saying this, they’ve said no Pakistan nationals have been abandoned they’ve either been brought back or accommodated

This is why many countries have systems for their citizens abroad to provide their contact information and dates/locations (eg, UK Foreign Office registration, US STEP program). This is how they figure out who is where, push out info (eg, about current local conditions, recommendations, info on repatriation), and contact you to see if you need support (and/or give phone or emails to reach them).
 

Or, you call the main embassy number for help in a crisis and hope someone answers.
 

Absent some action on the part of the traveler, the home country won’t know where you are and won’t consider you ‘abandoned.’

As I think you noted, none of that explanation precludes the need to potentially file in another country in addition to being a US tax resident, which is where the treaties come in. Some examples:

Scenario 1: Long Term Incentives (e.g., shares) awarded while a tax resident of Country A are now vesting. Country A has a claim on the income tax, despite the current US status, as the LTIs were awarded on their soil. Tax treaty is implicated.
 

Scenario 2: LPR retains a propert(ies) in Country B and rents it out, earning income in Country B and triggering a tax filing.  Tax treaty may be implicated.
 

Scenario 3: LPR is beneficiary of a Foreign Grantor Trust in Country B which must be reported to the US government and may be taxed on imputed interest income. Tax treaty must be considered.

On 3/17/2020 at 7:22 AM, xyz12345 said:

He cannot use the tax treaty anyway because he's going to be a US LPR. 

As a general reminder, everyone should be wary of taking tax advice from a message board, especially when you see blanket statements like ‘the LPRs can’t use the tax treaty.’ It May not apply to the poster’s personal situation but it might for others. In the case of treaties, they can apply when an LPR must file dual returns as a result of certain dividends and interest on ex-US accounts, rental income on an ex-US property, certain trusts, or other sources of income. Talk to a dual qualified tax accountant (or at least one with some experience with this area of the law). 
 

I am totally on board with the separation of finances (and have one shared account to which we contribute pro rata for household expenses). I assume there’s a good financial benefit to you filing MFJ. There isn’t for us but if we did I might try to run the returns as MFS and then use those numbers to determine proportional shares. Or just use the amount of tax each partner paid (from W-2s) to calculate the proportion of who gets what back on the refund.  There isn’t a right answer but you could just agree on a calculation that is reasonable and based at least somewhat on logic.

20 hours ago, ES0603 said:

I think my question of; "is the letter of intent to hire legally binding?"

This is a question of state employment and contract law, not immigration.

17 hours ago, carmel34 said:

It is not an enforceable contract unless there are written commitments on each side and it is signed by both parties,

Not necessarily. See, e.g., doctrines of reliance and promissory estoppel. I’m not saying the husband would be successful on these facts, but it’s not as black and white as “it’s not a contract.”

If I was the employer I be extremely hesitant do this, or at least not without a lengthy list of conditions, in which case the offer is basically worthless to bolster an immigration dossier. I would also be hesitant to hire someone who I already worry might not work out, as I would not want to be on the hook for a UC or other claim.
 

This does not constitute legal advice.

2 hours ago, kalbitang said:

came to USA with tourist visa but while staying in the USA she met someone and then they had a child

The basis of the child’s citizenship isn’t completely clear to me.  Did she get pregnant, leave before the expiration of her visa/VWP, give birth in Taiwan and file CRBA (without the birth father’s support)? Or did she stay in the US past her visa/VWP and deliver in the US? 
 

It doesn’t really matter given that the child must be 21and domiciled in the US to sponsor the mother, but it could impact the mother’s non-immigrant travel to the US between now and then (for example to visit the child while s/he is studying at a US boarding school or college, which would be another way for the mother to send her child to school in the US). 

This isn’t a work visa question, it’s a California motor vehicle regulation question. Perhaps ask to have this moved to the Living & Working forum where more California residents might be and have advice? 

Presumably you already have done the research and have a plan in place to insure them from Day 1 that they arrive here, with enough money to do so. With pre-existing conditions, and especially a chronic condition that is infamous for its high cost of care, presumably you are evaluating their coverage options with an eye not only to premiums but also to exclusions and out of pocket costs, and can afford to pay those amounts as well. This is what they need to evidence at their interview: that you have done the research and have selected a plan, are ready to trigger it, and can afford to maintain it for the foreseeable future.

Think carefully about committing to a Green Card if you aren’t certain you want to be financially tied to the US after retiring. You will have either a lifetime of US tax filings and declarations or, potentially, have to pay the expatriation tax.

And as a US GC holder she will be a US tax resident and have US tax and reporting requirements every year on her global income and ex-US accounts, regardless where she spends her time. Pop into the tax and finances forum if you want a glimpse at what that means and costs.

If you aren’t ready for a long residency, employment and financial commitment to the US, stick with the VWP and follow the rules strictly re timings and not working in the US.

There is a difference between income not subject to taxes and getting paid under the table (E.g., without a 1099) and then intentionally not reporting that income and paying all of the appropriate taxes (not just income tax) on it. One is aligned with the Internal Revenue Code and one is tax fraud. 

From the HR, not Legal, perspective:  Be sure to understand your company policies as many have guidelines that FTE must be employed a certain period of time overall (eg, one of two years minimum) and/or a certain time in role before eligibility for international relo. Because of the costs involved, it is typically that you go if they need you there, not because you want to be in another location. You should identify openness to international relo on your talent card, and they take that into consideration (along with performance reviews, nine box, etc.) when proposing a new role or reacting to your application for a particular role.  Also check your payback commitment— as still relatively new employee (ie, just finishing internship), if you don’t like the company and want to leave, or if you are rock star and get recruited away, how much will your next employer need to cover in a signing bonus / how much would you be on the hook for out of pocket?  

Also I don’t recall which thread it was mentioned in recently but my (FTSE 100) company also uses Klasko for its US immigration work. Company legal does not get involved in the issues or advice on an individual employee level.

On 1/7/2020 at 7:18 AM, JFH said:

Too bad you didn’t apply for citizenship when you were living here before. That would have saved all this cost and paperwork for an IR-1. 

And would have created cost and paperwork to file years of US tax returns, FBARs and/or FATCAs, not to mention the risk of inadvertent US tax liability due to things like phantom currency gains, PFICs and foreign trusts.
 

Perhaps when giving advice, we all —myself included— would be wise to remember that even though this is a DIY site, not everyone on VJ has the same financial situation and cost/benefit analysis, such that our advice should be given and, where appropriate, disclaimed accordingly.

And aside from the immigration issues, and depending on the type and amount of assets being transferred, there could be IRS reporting requirements, gift or transfer taxes, and/or a stepped up basis on the investment.

7 hours ago, longwaysoff said:

and help with their new baby in early 2016. She ended up filing for an extension after 6 months to keep helping with the baby

That is work. Even if unpaid. Her sister could, and should, have hired a (legal) caregiver if she needed help.