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baba27

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    spend 516 days out side USA before applied for citizenship

    in US Citizenship General Discussion

    Posted

    i also realised i applied 14 days earlier that i should be applying

     

    residency started 1/5/17

     

    01/12/2017    05/01/2017        109

     

    05/22/2017     10/19/2017       150
    11/04/2017     04/04/2018       151
    04/23/18        08/2/2018       101
    07/10/2019    07/15/2019       5

     

     

     

     

    total number of days s stayed before filed application was 517 as it should be 540

    but i do have strong proofs that USA was my principal residence , like my running business, taxes paid, properties etc, further in the begining it was easy as kids were younger and did not go school  after8/2/2018 they start going to school till today

    spend 516 days out side USA before applied for citizenship

    in US Citizenship General Discussion

    Posted · Edited by baba27

    I spend spend  days out side USA before applied for citizenship

     

    here is the breakdown

    01/12/2017    05/01/2017        109

     

    05/22/2017     10/19/2017       150
    11/04/2017     04/04/2018       151
    04/23/18        08/2/2018       101
    07/10/2019    07/15/2019       5

     

     

     

    can someone advice, but half of the time was in USA, and after 08/2/2018   not major long trip was taken,

    will i qualify? kids go to school , have three 3 yrs tax returns, filling based on marriage to US citizen

    i-601 refused 2nd time

    in Waivers (I-601 and I-212) and Administrative Processes (221g)

    Posted

    My wife's i-601 refused 2nd,
    i would like to give you little back ground, she got arrested with her mother about 8 years ago, on five counts, she 18 , but both of her mother and her were arrested, she was unaware that her mother was stealing stuff when got arrested, but in UK, if you accept the charge they let both of them go, now later she bacame and accountant and married me, we have twins born in UK, at 23.4 weeks one of the rear cases,
    i am in US, and really wanted her and our kids to move with us in US,
    my question is will appealing the decision will help and a letter from her mother will help explaining what actually happened,
    i find my self very help less,

    Filed tax return as single

    in IR-1 / CR-1 Spouse Visa Process & Procedures

    Posted

    Amend your taxes. Won't be too hard. File as married filing separately and you should be ok. The IRS advices to not file married filing jointly if your spouse has at some point during the year been a nonimmigrant since you would have to agree to get taxed on worldwide income (your spouse and yours together which is probably not advantageous for you). Here is a helpful link that might clarify this: http://www.irs.gov/businesses/small/international/article/0,,id=96734,00.html

    P.S. I have not gone through what you are at the moment but as far as dealing with the taxes -Don't Worry :} This is fixable.

    I did made an amendment and mail them to state and Fed , Now copied the amended form and send it to my wife just in case they question,

    Now since i made an amendment, will this still be a problem ??

    What's done is done. I did the same with no consequences. My wife was prepared, if asked to indicate I would be filing an amended return once she and her daughter arrived in the USA. She wasn't asked. If your spouse is asked, I would make sure she is similarly prepared. You can amend a return in Turbo Tax but cannot file electronically without the needed ITIN or SSN.

    I did made an amendment and mail them to state and Fed , Now copied the amended form and send it to my wife just in case they question,

    Now since i made an amendment, will this still be a problem ?? as she will keep a copy of amendement

    Filed tax return as single

    in IR-1 / CR-1 Spouse Visa Process & Procedures

    Posted

    London is pretty easy on their interviews so probably won't be a big deal to them.

    Your filing status as a married man should have been Married Filing Separately. Your taxes will be higher with that category by the way.

    And a FYI, people with spouses who have never even set foot in the US file jointly with those foreign spouses. It's bit complicated. The procedure is to complete the tax return, leaving the SSN or ITIN blank. Write the statement described on page 10 of Pub. 519 electing for the foreign spouse to be treated as a resident alien for tax purposes for 2010. Report the foreign income, but exclude it with Form 2555. Also fill out the ITIN application with supporting documents about the foreign spouse.

    Then mail all of that as a paper return to

    Internal Revenue Service

    ITIN Operations

    P.O. Box 149342

    Austin, TX 78714-9342

    This is a special dept and not where you would mail your normal return. They will process the ITIN, add it to the return, then process the return.

    It will likely be the best tax scenario as far as taxes owed/refunded as the case may be.

    I did made an amendment and mail them to state and Fed , Now copied the amended form and send it to my wife just in case they question,

    Now since i made an amendment, will this still be a problem ??

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