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Coin3

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About Coin3

  • Rank
    Member
  • Member # 347715
  • Location Portland, OR, USA

Profile Information

  • Gender
    Male
  • City
    Portland
  • State
    Oregon

Immigration Info

  • Immigration Status
    Adjustment of Status (pending)
  • Place benefits filed at
    National Benefits Center
  • Country
    Thailand
  • Our Story
    *I am the US Citizen* I met Papassorn in Japan while we were both studying abroad at the same university in 2016. We'd been long distance ever since, with a few trips to visit each year. Finally in late 2021 we were able to bring her here on a K1 visa, and now we are working on her AOS. :)

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  1. Unfortunately still waiting on EAD and Advance Parole document. Last update was biometrics on February 8th.
  2. Sorry, you're right. I was thinking of when my wife receives her greencard.
  3. From what I have read here on VJ, there is no issue with applying through the EAD application even if you already have an SSN or have applied for one yourself. They will either ignore the request, or issue a new SS card that no longer states "VALID FOR EMPLOYMENT ONLY WITH DHS AUTHORIZATION." At least that's what I'm hoping they do when my wife's EAD is processed.
  4. I assume you are referring to the requirements for form 2555 to exclude foreign-earned income. In their case, they should still qualify by physical presence as long as his wife was in Columbia for at least 330 days of 12 consecutive months ending in 2021. See Figure 4-A on Publication 54: https://www.irs.gov/pub/irs-pdf/p54.pdf
  5. Regarding finding someone to help you file everything correctly, I had a good experience with H&R Block, where you can pay to have a Tax Pro review your information and attach documents when e-filing (such as the statement to have your wife be treated as a US resident). You can also work with one of their Tax Pros directly and have them put everything together for you. They have lists of their Tax Pros on their website, and what they specialize in, so you should be able to find someone who can handle your situation.
  6. I recommend trying to get your wife a SSN now rather than later. If she can get her SSN before you file your tax returns, and you elect to have her considered as a US resident for tax purposes, then she will be eligible to receive $1400 from the 2021 Recovery Rebate Credit. I did the same for my wife and we received our refund just a couple days ago. For reference: https://www.irs.gov/pub/newsroom/fs-2022-12.pdf https://www.irs.gov/individuals/international-taxpayers/nonresident-spouse I definitely also recommend filing jointly, as you will receive twice the standard deduction, and most taxes resulting from her worldwide income can be excluded using Form 2555.
  7. I just want to update here that my wife and I received our tax refund, and she was approved for the $1400 Recovery Rebate Credit. We went through an H&R Block Tax Pro, so that they could override their software's assumption that she wasn't eligible, and so that they could attach our statement declaring her as a US resident for tax purposes and still e-file. We received our refund just a couple weeks later.
  8. I just got off a call with an IRS representative. She initially did not have a clear answer about the requirement for work authorization, so I was put on hold for a bit while she looked into it. After returning to the call, she did confirm that based on internal documents she has access to, work authorization is not required to be eligible for the third Economic Impact Payment, and thus the Recovery Rebate Credit for 2021. In her words, from what I remember, "A valid SSN is one that is issued by the Social Security Administration before the due date of your tax return. The SSN does not need to be valid for employment for the third Economic Impact Payment." This is great news for us! My wife should be eligible to receive the credit, and same for your husband @kmk813. I did ask the IRS representative to talk with higher-up management about this confusion, as the current message to the public, including Tax Prep software companies, does not make it clear that work authorization is not required for the credit.
  9. The TurboTax employee who responded to my question says that the single reference to "work-eligible SSN" in this IRS article is enough proof to disqualify eligibility. It still doesn't feel very clear to me though... Perhaps, I can see why they would get rid of the wording regarding a SSN "valid for employment" in most documents if they believe that the case of a nonresident filing as a resident for tax purposes with a SSN not valid for employment is too rare to bother. Unless I can get a more clear official explanation, I'm just going to file assuming that my wife does qualify for the credit. If we are wrong, it appears the worst that would happen is the IRS has to recalculate for us, and our refund would be delayed longer.
  10. It is my understanding that the SS card your husband received (and my wife as well) is not considered valid for employment until work authorization is actually received, based on the 2020 IRS Fact Sheet that I linked before. Which tax prep software are you using? I put my info into both TurboTax and H&R Block. TurboTax hasn't asked about work authorization at all, and thus gives my wife the credit, but H&R Block does exactly as you described. I talked with a representative from H&R Block today, and they did find a reference on the IRS website that does mention requirement for work authorization: https://www.irs.gov/newsroom/more-details-about-the-third-round-of-economic-impact-payments "As with EIP2, joint filers where only one spouse has a Social Security number (SSN) will normally get the third payment. This means that these families will now get a payment covering any family member who has a work-eligible SSN." However, I found out that article was followed up by another nearly identical article, which removes the reference to "work-eligible SSN" and instead states "A valid SSN for EIP3 is one that is issued by the Social Security Administration before the due date of your tax return." https://www.irs.gov/newsroom/updated-details-about-the-third-round-of-economic-impact-payments Since TurboTax seems to not be checking for work authorization, I decided to open a thread in their support community hoping that they can provide clarification: https://ttlc.intuit.com/community/tax-credits-deductions/discussion/recovery-rebate-credit-valid-ssn-is-work-authorization-still-required/01/2437770#M229872 I'm not quite in the same situation as you, as I will already be getting a refund based on the increased standard deduction filing jointly with my wife, but I am of course interested in getting the credit for my wife if possible, so I'll let you know if I find out anything definitive.
  11. Regarding the top left SS card, it would only be eligible if the K1 immigrant obtains a work authorozation permit. "If "Valid for Work Only with DHS Authorization" is printed on the individual's Social Security card, the individual has the required SSN only as long as the Department of Homeland Security authorization is valid." Source: https://www.irs.gov/pub/newsroom/fs-2022-02.pdf However, I'm more curious about the rebate for the third payment in 2021. If employment authorization is no longer a requirement, when was that change announced and why?
  12. Is there a source for some announcement of this change? I've been looking through the IRS website, and while I see that for 2021 returns it no longer mentions a SSN valid for employment as a requirement for the Recovery Rebate Credit, it was listed as a requirement for 2020 returns. "A valid SSN for the Recovery Rebate Credit claimed on a 2020 tax return is one that is valid for employment in the United States and is issued by the Social Security Administration (SSA) before the due date of your 2020 tax return (including an extension to October 15, 2021, if you requested it)." Source: https://www.irs.gov/pub/newsroom/fs-2022-02.pdf "A valid SSN for the 2021 Recovery Rebate Credit is one that is issued by the Social Security Administration by the due date of your 2021 tax return (including an extension if you requested the extension by the due date)." Source: https://www.irs.gov/pub/newsroom/fs-2022-04.pdf
  13. Update: 12/9: Received RFE dated 12/1 requesting proof of status of Sponsor for Form I-864. The I-864 instructions state "Petitioning relatives who have already filed proof of their citizenship or immigration status with Form I-129F, Form I-130, Form I-600, or Form I-600A do not need to submit proof of their status with this affidavit." I included copies of both my birth certificate and passport in the I-129F, so I didn't include it with the I-864 this time. They must have lost the records, or maybe the officer didn't look deep enough. Thankfully, it was easy enough to upload digital copies of my birth certificate and passport to the MyUSCIS website the same day we received the RFE. Along with the documents, I included a brief cover letter.
  14. Regardless of the cause, there have been over 800K excess deaths in the US since the start of 2020. https://ourworldindata.org/grapher/cumulative-excess-deaths-covid?country=~USA More info: Excess mortality during the Coronavirus pandemic (COVID-19) - Statistics and Research - Our World in Data
  15. When we signed into the USCIS website for my wife's AOS, we saw that all of the documents we sent had been scanned and uploaded for us to view on the website. Some of the scans were terrible quality and couldn't be read. They should have access to the physical copies as well, so I'm not sure why it would be a problem, but perhaps this is the reason for the RFE? If so, I suspect we will be receiving an RFE as well for some of the documents with unreadable scans...
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