Seemoreglass83

On 4/2/2022 at 7:19 PM, Wuozopo said:

Yes if you choose for her to be a resident alien, then answer all questions that she is a RA. She will need a SSN or ITIN to file jointly with you. You will also report her UK income found in TurboTax under “Less Common Income”. That’s where it will ask if you had foreign income. TurboTax will not let you include the statement with an efile. You would have to print for mailing. 

 

The reason answering nonresident isn’t working is because nonresidents can’t file jointly. They also file 1040NR instead of a 1040.

 

 

 

 

 

Thanks so much. Do you know if I need to include that statement when mailing state returns or just federal?

18 minutes ago, arken said:

Does she have the SSN?

Yes

So my wife and I got married on dec 27, 2021 on a k1 visa. I'm trying to file our joint taxes using turbotax and it is asking if she is a resident alien or non resident alien. If I try to select nonresident, it says turbotax doesnt offer those forms. I understand I can ask that she be treated as a resident alien since we were married. Do I just check resident alien?

Anyone with experience with turbotax would be greatly appreciated 

1 minute ago, Crazy Cat said:

Yes.

Thank you!

38 minutes ago, Crazy Cat said:

Alien allowed to work is the proper entry.  A K-1 entrant is authorized to work (with an EAD) and to apply for a SSN..  

 

Note:  A K-1 entrant is allowed to immediately apply for an EAD.  However, any EAD issued would expire in 90 days from the day of entry.  Since processing times are well beyond 90 days, it is fruitless to apply for an EAD until the Adjustment of Status application is submitted.  In addition, the K-1 entrant would have to pay for the I-765 if submitted before the Adjustment of Status package. 

Ok, so even though we dont have the ead yet since we just applied, we can still put allowed to work?

On the application, do we put legal alien allowed to work or legal alien not allowed to work? I'm assuming the latter because our ead application is pending? But then it asks for a document from a government agency explaining why we need a ssn. What have people done for that? Thanks.

1 minute ago, Wuozopo said:

You might try to get an appointment with a Social Security office which would make things much easier. She has 90 days eligibility as a K1, but they won’t do it in the last 2 weeks, so 76 days in the country is the cut-off day to apply. Offices are limited with appointment only since covid. Some have said using the reason “she needs it for tax filing” has gotten them an appointment. You can go to any SSA office, so try several in an attempt to get an appointment before her 76th day.. I go to a rural office and get much better service than in the big city.
 

If she files with a SSN, she will also qualify for the third stimulus payment of $1400 like you probably received around March of 2021. Not so filing with an ITIN or doing an amended return. But those will still get you the better tax rate and the extra standard deduction ($12,550) to reduce your taxable income.. The timing of the receipt of a SSN is important. She must have a SSN by filing deadline April 18 (or by Oct 15 if you apply for a tax filing extension) to get the extra $1400. 
 

There are so many directions you may go, so won’t detail each process until you see if it’s possible to get a Social Security appointment in the next two weeks. Try that first.

Ah ok, it doesnt matter that we already applied with her ead application? They'll just ignore the application when it arrives from uscis? Just imagining a scenario in which we get a ssn now and the application arrives later asking for a ssn.

40 minutes ago, aaron2020 said:

You're better off filing jointly.

A CPA wasn't sure if the firm could file since she doesn't have an SSN or ITIN.  Oh brother.  It's pretty simple for a real accountant to file an ITIN with a mailed in tax return.

You can file separately now.  She does not need to file since she has no obligations to file a 2021 tax return.  Once she gets an SSN, you can amend the return to file jointly.  

Ah ok, I would need to file by mail since she doesnt have ssn, correct?

5 minutes ago, Wuozopo said:

 One option is what he told you. She is not obligated to file for 2021.

Your other option is file a joint return because she married a US citizen in 2021. Because she does not have physical presence in the US, nor a greencard, you have to both sign a statement electing for her to be treated as a resident alien for tax purposes. (see Publication 519). That’s a perk allowed spouses of USCs by the IRS. 
 

To file jointly she must have a SSN or ITIN. If she hasn’t been in to get her SSN, she only has about 2 weeks of eligibility left as a K1. Then the window closes for a SSN until she gets an EAD or greencard approval. An ITIN is a bit cumbersome but doable. If you will make a timeline on Visa Journey I can help you further with that if she doesn’t have a SSN. 

She doesnt have a ssn. We just got our noa1 back for her ead application in which we checked for her to apply for a ssn along with her application.

I will work on completing my timeline.

5 minutes ago, aaron2020 said:

It's unbelievable that a qualified accountant would advise filing separately if her income is low.

 

Who did you go to?  H&R?  

Under the Substantial Presence Test, she is not required to file a 2021 US tax return.  She can volunteer to be treated as a US tax resident for 2021 and file a joint return with you.  She'll need an SSN or ITIN.  Alternatively, you can file separately without her income.  

 

You need to run the numbers for both scenarios.  

What's your income and what's her income for 2021?

Wasnt h and r. It was a cpa I found through Yelp. I'm having a heck of a time finding someone who seems like they understand our situation. A different one quoted me $900 to file but said he wasnt sure if their firm could do it since she doesnt have a ssn or itin.

My income was around 83k and hers was 9k so I'm pretty sure it makes sense for us to file jointly but I'm not confident doing it by myself since she doesnt have hr ssn yet. Will I need to apply for an itin for her if i file separately? Does she still need to file if I file separately?

Trying to figure out my tax situation and want to verify what a tax accountant told me. My wife moved her dec 26 and we got married on dec 27. Tha accountant told me she doesnt need to file this year since all of her income was when she was out of the country and i can file married filing separately. Is this because of the substantial presence test?

Would we have the option to file jointly if we wanted as it seems like we might get a bigger return since she didnt make much in her home country? 

5 hours ago, arken said:

Yes to both.

Thanks. When I resubmit, do I need to include a cover letter explaining the mistake or just fix the i765 and resend everything?

26 minutes ago, Seemoreglass83 said:

So we sent our package about two weeks ago and just got it back with a rejection notice saying the application was rejected because the payment amount was incorrect ot not provided but I'm pretty sure the check we wrote was for the correct amount. Its 1225, right? I'm honestly lost as to why it was rejected and scared to resubmit. Should I try with the credit card form?

After doing some digging, I may have put the wrong status on the i765. I put a6 but was I supposed to put c9? Would that cause the issue?

So we sent our package about two weeks ago and just got it back with a rejection notice saying the application was rejected because the payment amount was incorrect ot not provided but I'm pretty sure the check we wrote was for the correct amount. Its 1225, right? I'm honestly lost as to why it was rejected and scared to resubmit. Should I try with the credit card form?

On 11/2/2021 at 12:21 AM, KyleAaron said:

Is anyone having luck scheduling an interview?  I went today to do the DS160 and went to schedule and the site said they only had days for Nov 3 4 and 9, everything else is greyed out for over a year =/

This is the new problem. Seems like they are adding 2 dates a week so you just have to start vigilant for when they open up more dates.

14 hours ago, waiting1234 said:

Today our visa was approved and now we are just waiting for them to send it back which they said will take up to two weeks but others have been getting them back in a week. At any rate this wait is pretty easy.

 

the interview went great and my fiancee and I went to the interview together. They didn’t ask us for any additional evidence that we took with such as photos or tickets. The personal conducting the interview was very nice and really it just felt like a conversation while he was entering information more than an interview. He asked where my fiancé was born, how was the proposal, where we were going to stay in the US, where my fiancee worked, and some other basic questions.

 

NOA1 May 12 2020

NVC Receive Feb 2 2021

Consulate Receive September 15 2021

 

You can schedule the interview as soon as you see your status is ready just do it for 3 weeks out to give the embassy time to send you the instructions. If you go to the interview before they are sent you will have to reschedule.

 

The medical exams are a pain and expect to spend about 5 hours one day and 3 the next. I didn’t have my records so I had to get 4 vaccines. Additionally you need both Covid vaccines before you come to the exam. You have to go back again to pick up your medical results the day before the interview this is another 3 hour wait.

That is all the information I have and I would say the WhatsApp group is helpful but also can have some information that isn’t correct so try not to spend too much time looking at it. It is very helpful for what documents you need to bring to the interview.

 

best of luck everyone. A lot of stuff left to do but it’s really not that stressful now that we can be together for the rest of it.

Congratulations and thanks for the update! Did they at any point ask for the approved 129f? We just got our status "ready" this week and are waiting for appointments to become available.

On 10/14/2021 at 3:35 PM, ponyboy69 said:

I came here to figure out embassy interview timeframes and now I'm worried about this 2 dose vaccine requirement that is practically impossible in Colombia. Any updates on that?

 

 

Update: My fiancé has already looked into this. Colombia will give her the second shot she just needs to show that she is in the k-1 visa process.

Depends on the place. My fiance tried that and they still said no. Luckily she was eventually able to get her 2nd dose. She just needs to follow her municipalities social media closely to see when they get doses available. Unfortunately every departamento is doing things differently so what works for some might not work for others. That being said, I still think it's worth the effort to try showing her k1 documents to get her 2nd dose. It has worked for some people.

The embassy is NOT closed. Nvc has been telling people that for months and it just isn't true. I don't know why the Nvc is telling people that but you can even see from the stats released that the embassy has been issuing visas. Last month they asked for cases up to noa2 of march of 2021 but they asked for about 3 or 4 months of cases. They will probably ask for another batch her in a week or so and we will get a better idea of where they are in the backlog. Most people are thinking they will ask for another 3 months of cases but some are hopeful they will ask for the remaining back log cases. My best uninformed guess is your case will be sent in november but check the ceac tracker in 2 weeks to see if your case changes to ready.

Basically, dont get your info from folks at the Nvc because at best they are misinformed about what is happening at individual embassies. Best to get your info directly from the embassys social networks l, Facebook, Instagram because the embassy itself published that they are processing k1 visas.

18 hours ago, koblitzcam said:

Still unsure if we can schedule our interview after ceac status is "ready." The embassy and other people on social media seem to say you can schedule it once your case is ready.

 

Ceac and travel.state.gov seem to say very clearly you need to wait for the packet of instructions.

 

Does anyone know? Also can anyone share how long from "ready" status and the email you get saying they're sending your application to then actually receiving the instructions? They send it via email I believe, but does it go to petitioner or beneficiary?

If your status says ready, you can 100% schedule your interview. The embassy itself announced this a few times. The nvc doesnt know what the individual embassies are doing. There have been instances where Nvc tells people that Bogota isn't processing visas which is just flat out untrue. I'm pretty sure they send the instructions to the beneficiary but from peoples experiences, a lot of times the instructions dont arrive until a few days before your interview so if you're waiting for your instructions before you schedule your interview, you'll be waiting a long time. So just to reiterate, if your status says ready, fill out the ds160 and schedule your interview. Once you have your interview date, schedule your medical

6 hours ago, waiting1234 said:

The other hasn’t replied to anyone as far as I have seen. So pretty much it’s just Roa who is available for use.

The other doctor apparently said they will accept appointments but you might end up in AP after the embassy

17 hours ago, Andrs01-2020 said:

 

Just today we started to try to reach them, and its a mess..

which doctor asks you to have the 2 covid shots? or the other hasn't replied?

 

Doctor roa today said someone could come with 1 shot according to someone in the whatsapp group

13 hours ago, koblitzcam said:

I don't believe I said anything about travel restrictions. If anything I meant restrictions to see the doctor. The government has made a new rule which it seems like the doctors are misinterpreting and they will not schedule an appointment unless you are fully vaccinated for covid starting in October.

 

Another update for my personal situation:

 

Her sister is a doctor and did a bit of networking to allow us to find a Johnson and Johnson vaccine that she has an appointment for this Saturday. We got very lucky to have this "in".

 

I feel bad we are taking away a vaccine from a village, but at the same time I feel like our situation is a little more time sensitive. Also I'd like to put a big portion of the blame on the government and doctors that are refusing to see people without the vaccine.

So someone in the whatsapp group with a doctors appointment after oct 1 talked to the doctors office and they said she could come to the appointment even though she only had the first shot so it sounds like maybe they are realizing the situation that people are in waiting for the second shot. A bit of good news I think. Also, can the mods merge the two threads? No need to have two, right?

8 hours ago, waiting1234 said:

Let me know if you are able to find it. We have had no luck finding anything except AstraZeneca which we refuse to take.

Medellin and Bogota I believe announced they are going to start up 1st and 2nd doses of moderna again. Allegedly colombia got a bunch of doses on Sunday but here we are on Wednesday and they still haven't distributed any.... 

12 hours ago, amarilloslick said:

Ahhh, now I understand. I forgot how backwards Colombia is. I got my two shots a few months ago in Colombia and it is by your Cedula. I just told my fiance' to get the brand that only requires one shot.

Yeah if we had known this was going to be a problem, we might have had her get a different vaccine but she got her first back in july before all this info came out and originally she was scheduled to get her second shot in August... the gov in Colombia is frustrating to say the least.

Tough situation we are all in but supposedly a bunch of vaccines arrived this week. I think I would go ahead and have her get the first shot. Might be a while before she gets her second shot, but might as well get in line now. If you cancel the appointment, you are just delaying the wait more. She'll have to get it eventually. Now I might say go ahead and get the Johnson and johnson one shot buuuut, with the restrictions for travel coming in November, I'm not sure if the j and j will be on the approved list of vaccines.