dalox303

My wife (GC holder) sent in her i751 on 4/10/2023. On 4/18/2023 we received two 797c documents, one stating she did not need a biometrics appointment and the second one stating she should set up an online account with USCIS.  I was under the impression that the 24 month extension letter would be the first document sent out by the USCIS and the Biometrics 797c would follow.  It's now 4/24/2023 and still no extension letter.  Will the extension letter eventually come? was I wrong to assume the extension letter would arrive before the Biometrics letter? has anyone experienced this?

Thanks in advance.

2 hours ago, mindthegap said:

In your circumstances I would suggest filing it 1 day after your 90 day window opens (and NOT before). This gives you several months leway for anything untoward to happen, such as for it to go missing, be rejected, the receipt doesn't arrive or whatever, as she is still able to re-enter the US with the card prior to expiry. 

Thank you for the response!  

We are about 1 week inside the 90 days, so we should be good.  Now, not realistic for us to file tomorrow, but hypothetically speaking if we did, and even more hypothetical the USCIS has there act together, is there are any possibility that they schedule her biometrics before her GC actually expires (and possibly before she's back in the states)?  In which case, we would have to hope we can reschedule?

Is there a rough timeline for the processing of the i751?  I think I saw somewhere it can take up to 3 weeks for the USCIS to respond that they received the form and then another 3-4 weeks for them send you information about biometrics and the extension. 

17 minutes ago, Crazy Cat said:

She needs to file I-751 no earlier than 90 days before the Green Card expires. She needs to file I-751 before the Green Card expires. She cannot do biometrics outside the US. Without a proper extension letter (which she will automatically receive after filing the I-751), she will not be allowed to board a flight to return home using an expired 2-year green card. She will need the original extension letter as well.

 

Okay, when you say extension letter you are referring to the letter she receives after submitting the i751 and not the i90.  how long does it take to get the extension letter and what is the validity of the extension letter? is it until the scheduled biometrics appointment? 

If we anticipate her not coming back before the GC expiration, would it behoove us to submit the i751 closer to the expiration date or submit asap?

39 minutes ago, Crazy Cat said:

A Green Card holder can stay outside the US for up to a year without a re-entry permit. 

Thanks for the reply!

Okay, so what's the point of the 6-month rule? maybe I'm misunderstanding it.

Brief Background informations:

My wife traveled back to her native country in October 2022 (she has a green card with conditions), to visit family, to back up personal items to ship back to the States etc, she intended to be back before the 6 month rule period, and before her GC expires which is on April 2023.  However, while in her native country she went for a medical exam, and there is a possibility she needs to get surgery.  We are still waiting for test results and doctors opinions.  I asked about a 6-month rule extension in another forum, and am here to ask specifically about GC expiration and the i751.

Worst Case- IF the operation keeps her aboard passed her GC expiration date, can we send in her i751 now (is it too late for an extension?), and she do her biometrics aboard? or can we reschedule the biometrics appointment until after she returns, due to medical reasons?

Thank you

-Dan

Long story short, my wife (Green Card holder with conditions), went back to her home country to visit Family in October (2022). Her plan was to obviously come back with in the 6 month rule period.  However, she went to get a medical check up, and found out she has a condition, that potentially needs  surgery, we are still waiting for test results/doctors opinion.  If she gets the surgery, this will put her stay aboard passed 6 months (would be under a year).  I assume if she has proper medical documentation, it's a valid excuse to stay beyond the 6 month rule, but just in case wondering if anyone had experience with this and a few questions.  

Questions:

Is there a specific USCIS document that needs to be filled out if she stays beyond the 6 month rule, if the reason is medical?

Are there specific documents that are needed from the doctor to show validity?

Is there a USCIS page that I can be directed to with this info or a number I can call?

Thanks!

-Dan

(This is part one of my series of questions will post part 2 in a different topic as it relates to i751, not the 6- month rule)

On 1/27/2022 at 10:05 PM, Wuozopo said:

Correct.

 

Sorry I can’t answer that one. When I filed late it was a long time ago, on a paper form, and they didn’t ask. I don’t even know what their choices are on today’s FBAR. Maybe somebody else will help with that one.

You seem to be wise on this topic, so heres another question. My wife has bank accounts from when she was younger, theyre “sleeping” accounts which simply means theyre not active, but not closed. They were from such a long time ago she does not remember the account numbers and would only have access to that info if she goes back to her home country and asks in person. Is it worth sweating this, or is it advisable for her to just put the accounts she has information for? I understand that if she did get audited for some crazy reason her having accounts that were reported doesnt look good and would probably result in a penalty, but she honestly doesnt remember them can they be omitted without any issues?

On 2/13/2020 at 12:52 AM, Wuozopo said:

Confirmed it’s the FATCA (8938) that asks about interest earned. Just looked a the form and remember it now. It’s $100k threshold if married filing joint return (when you live in the US). 

To be clear: My Wife and I filed last year jointly and will be filing this year jointly as well (Married 9/2020, ITIN received 7/2021, Green Card received 12/2021). My wife has a foreign bank account that exceeds $50,000 but not $100,000 (received life insurance money in 2021). I have no foreign assets or bank accounts. We are exempt from submitting a Fatca as it does not meet the $100k threshold correct?

Also, we missed the FBar last year for 2020. Will file two FBars this year, one reporting 2020 and one reporting 2021. It asks for a reason why were submitting the 2020 Fbar late, she didnt receive her ITIN until July 2021 so after the 2020 FBar deadline, valid excuse or just put  “we didnt know” ?

Thank you!

Was just told by uscis doctors office its valid for 6 months

37 minutes ago, K1visaHopeful said:

So you are over the one year requirement to file AOS from the overseas medical exam.

You can book a civil surgeon appointment before your interview and have an I693 completed now that you have an interview scheduled.

If the appointment can't be scheduled before the interview, it shouldn't be an issue correct?

My wife had her vaccination examination in March of 2020 in her home country for her K1 and we applied for her AOS in April of this year (2021).  Last week we received her Interview date, with no formal request for an i-693.  If we're required to complete the i-693 would we have received a request document by the USCIS? And/or is the time between her vaccination exam and AOS application submission (technically over 12 months), close enough to "within one year" for the USCIS to not really care?

Thanks

15 hours ago, Wuozopo said:

Fiancé? That’s a mistake, right? If your wife plans to use your last name then go ahead with that. Hopefully you are getting the visas in that married name so her greencard will be in her married name. It will cost around $5-6 hundred to change names on a greencard. (I can’t remember actual cost, but very expensive).

Why do you want a paper FBAR.? It’s all online now. From the IRS FBAR page.

Wife sorry! The fbar asks for her itin, so it should be efiled after we mail in her w7 and receive an itin? 

5 hours ago, Wuozopo said:

The FBAR is a report of the highest balance of the account(s) during 2020 if they total over $10,000 when converted to USD$$$. For example

Savings acct $11,000

Checking acct $2000

Report both because the total is $13k, so she holds more than $10k in foreign accts 

 

Savings acct $9000

Checking acct $2000

Report both because the total is $11k, so she holds more than $10k in foreign accts 

Last questions, how do i get a hard copy of the Fbar? Cant seem to find it, And should i be using my fiances maiden name (whats on her passport) or should i use her married name (my last name) on tax documents?

3 hours ago, Wuozopo said:

The FBAR is a report of the highest balance of the account(s) during 2020 if they total over $10,000 when converted to USD$$$. For example

Savings acct $11,000

Checking acct $2000

Report both because the total is $13k, so she holds more than $10k in foreign accts 

 

Savings acct $9000

Checking acct $2000

Report both because the total is $11k, so she holds more than $10k in foreign accts 

 

Bank or investment interest has nothing to do with FBAR which is just highest balance of each acct in 2020.

The IRS counts interest or dividends paid to her or her accts in 2020 as income so it goes on the tax return. Schedule B Is where you report her interest./dividends. You do not submit any documentation of it with the tax return. You just list her interest earnings on Schedule B along with the bank that paid it. I would include the foreign city.

Bank of Korea (Seoul, South Korea)......$21.45

ABC Bank (Seoul, South Korea).............$11.21

 

Thank you!

15 minutes ago, seekingthetruth said:

 

If she is counted as a resident for 2020, and had foreign account(s) totaling over 10k USD anytime during 2020, she needs to file FBAR.

Thank you! So the FBAR covers bank interest as well as foreign account balance if over 10k? 

8 hours ago, Wuozopo said:

She must get an ITIN to file jointly. Your incomplete timeline says K1 visa. So when did she arrive in the US?

to get an ITIN you can complete your tax return with both signing,  fill out a W-7 ITIN application, and go in person to an IRS Taxpayer assistance center to get her passport copied and certified. All that gets filed on paper by mailing to an Austin TX filing address. They will issue the ITIN then process the return.

After she arrived and we got married I stopped updating my timeline, apologies for the gap! She arrived in July of 2020 and we got married on 10/1/2020. She does pass the presence test (she was here in 2019 on a 90day visa), so she would be considered a resident alien for tax purposes. She had no income in 2020, and didnt file taxes in her country. Thank you for the information on the FBAR, we will most likely need to fill this out. 
 

Just so im clear, if she had no income in 2020, we dont need to file any other separate document or supporting documents to prove this? And I just file the 1040 (filing jointly along with her W7), with my tax info because she would have zero income? Just seems too simple, but maybe its because immigration was such a hassle. 
 

thanks again!

Many people seem to have similar questions, but havent seen this one yet (maybe its a common sense answer, but i want to be sure). Wifey and I are choosing to file jointly, were married and why not take advantage of the tax deductions. Long story short, she doesnt have an itin (were counting her as an alien resident), and she didnt work aboard in 2020 and had no income. Question is, is it as simple as just filing the 1040 with only my income (hers being zero) and check off filling jointly, or is there an irs document or any proof that we need to include in our paperwork to show that she didnt have any income?

Secondly, she has money in a foreign account that gained interest, whats the threshold? Whats the most interest she can gain without having to report it to the irs?

thanks

-Dan

9 hours ago, Lemonslice said:

 

It has nothing to do with being considered a public charge, but the bank might close her account.  Call them and explain what is happening - might need to switch to another type of account, or fill another form.  Call them.

 

Thank you! Just strange how she can open an account without a ssn or tin and then they might possibly close her account without the w9. 
 

Will contact them again and better explain the situation, when i called the first time they said contact the irs, which right now is next to impossible!

7 hours ago, Wafflebot said:

 

Never ask the internet tax questions, you will most definitely get a wrong answer. Form W-9 is an IRS form, so this is a tax question and is unrelated to immigration.

 

Take a look at the instructions for Form W-9, they pretty clear: https://www.irs.gov/instructions/iw9

 

Good advice, and I appreciate the link, but my question wasnt directly related to taxes (didnt ask advice on taxes or ask how to fill out the w9) and this is the tax and finance during immigration thread no? 

My wife opened a Citibank checking account last month. We just recently received a packet in the mail from Citibank stating she needs to fill out a w-9 form.  
 

My question is does she need to fill this out? And if she doesnt will she be considered a public charge?  What can happen to her if the W-9 is not filed? 
 

The reason I’m asking is because of covid and covid related restrictions, we havent been able to get her SNN yet, and we are still currently filling out her AOS application.  So she does not have a SNN, TIN or EAD. She has not been working, and assume isnt going to receive any interest (she only has a checking, not savings). The only reason she opened a checking account with citi is to transfer money from her country that she had saved. 
 

Similarly related, she also joined my BOA account last year before we were married, never received a W-9 form for her or any other tax related documents. I hold a checking and savings and have been receiving interest, unemployment checks (pandemic relief stuff, now working), and stimulus check. Does her being a joint holder make her a public charge? Im technically receiving all of this, unemployment and stimulus check were in my name not hers. Just curious if her being a joint holder makes her eligible to be a public charge. 
 

Thanks VJ!