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D3m

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    Taxes, Help!!!

    in Moving to the US and Your New Life In America

    Posted

    Publication 519:

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    Nonresident Spouse Treated as a Resident

    If, at the end of your tax year, you are married and one spouse is a U.S. citizen or a resident alien and the other spouse is a nonresident alien, you can choose to treat the nonresident spouse as a U.S. resident. This includes situations in which one spouse is a nonresident alien at the beginning of the tax year, but a resident alien at the end of the year, and the other spouse is a nonresident alien at the end of the year.

    If you make this choice, you and your spouse are treated for income tax purposes as residents for your entire tax year. Neither you nor your spouse can claim under any tax treaty not to be a U.S. resident. You are both taxed on worldwide income. You must file a joint income tax return for the year you make the choice, but you and your spouse can file joint or separate returns in later years.

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    F-1 without OPT yet and graduated, out if country.

    in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

    Posted

    So, long story long.

    My husband and I got married Dec 1, 2007. He's EU, I'm US.

    We graduated with our Master's Dec 12, 2007 and applied for his OPT in October of 2007. He is still awaiting his OPT card and thought he could leave the country without the OPT no problem (this however I found out is not the case after he left and failed to research).

    So he is currently in Austria (his home country) awaiting his OPT- which, in theory, assuming they grant it, he should be getting any day now to our address in the USA- they said 2-3 months and he received the verification they received his application a while ago.

    My questions are the following:

    a) As he has graduated and then left to go abroad without the OPT. If he does not receive the OPT, what options does he have to come back to the US as quickly as possible?

    B) If he does receive the OPT, what is our best option at that point once he is back in the US?

    c) Has anyone managed to be able to get dual-citizenship from the EU/US? We are both artist so we travel between the two often and would most likely be going such for the remainder of our careers.

    Does Austria allow dual citizenship? Did you talk with the office for international students at his/your school?

    In a really sticky bind and i need some advice

    in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

    Posted · Edited by D3m

    another one is a certificate of release from custody which states my court date and the charges filed against me. The charges are CVC 23/52 (A) AND CVC /2500 (A) which i am trying to research online but cant find anything.

    the police aren't there to look out for your interests, and neither are lawyers who aren't getting paid. if you are poor, get a public defender appointed. Otherwise, pay a criminal defense attorney with immigration law experience some money. Better hope that the UK license is not expired and better bring it with you everytime you go to court. If you don't get an attorney, you are likely to get steamrolled b/c, honestly, I don't think you can handle it on your own. Use the CA provision for international licenses to get the license charge dismissed.

    Here are the code provisions. Good luck (& signing off)

    (ps - if you drink and drive within the statutory period again, I will wager that you get completely screwed with jail time and USCIS involvement)

    CVC:

    Misdemeanor 23152(a) Under influence of alcohol, drug, or combination, drive a vehicle.

    Misdemeanor 23152(B ) Driving with a BAC of .08% or more. [in any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.]

    CVC:

    Unlawful to Drive Unless Licensed

    12500. (a) A person may not drive a motor vehicle upon a highway, unless the person then holds a valid driver's license issued under this code, except those persons who are expressly exempted under this code.

    In a really sticky bind and i need some advice

    in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

    Posted

    "California does recognize a valid driver license that is issued by a foreign jurisdiction (country, state, territory) of which the license holder is a resident."

    http://www.dmv.ca.gov/dl/dl_info.htm#international

    Cal Veh Code § 12505(e)::

    Subject to Section 12504[Nonresident minors], a person over the age of 16 years who is a resident of a foreign jurisdiction other than a state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or Canada, having a valid driver's license issued to him or her by any other foreign jurisdiction having licensing standards deemed by the Department of Motor Vehicles equivalent to those of this state, may operate a motor vehicle in this state without obtaining a license from the department, except that he or she shall obtain a license before being employed for compensation by another for the purpose of driving a motor vehicle on the highways.

    In a really sticky bind and i need some advice

    in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

    Posted

    "Bring a proof of birthdate and legal residency. " - technically i am not a legal resident yet correct? I am in the process of becoming a permenant resident which would put me as out of status?

    not legal residency, but legal presence meaning you are here legitimately (ie., didn't jump the fence) and not a tourist

    ps-I forgot to mention before is that theres a chance of having your license suspended once you receive it, or barred for applying for it, once get a DUI conviction.

    "California does recognize a valid driver license that is issued by a foreign jurisdiction (country, state, territory) of which the license holder is a resident."

    http://www.dmv.ca.gov/dl/dl_info.htm#international

    In a really sticky bind and i need some advice

    in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

    Posted · Edited by D3m

    Take into consideration the following :

    I was driving on a road where there was NOT ONE CAR IN SIGHT. I was the only car on the road.

    I was driving the speed limit and was not over. The speed limit was 35 and i was doing 34 i believe.

    The police car followed me for 2 minutes before pulling me over.

    this is all irrelevant for DUI. only thing that matters is what the BAC is. otherwise you are challenging the sufficiency of the stop. (good luck :) )

    if your car bounced between yellow and fog line, they'll pull you over, see red eyes and smell booze, do field tests, take you in for test, and then charge you.

    you will want to get a copy of the police report, even if you have already received a probable cause statement.

    In a really sticky bind and i need some advice

    in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

    Posted

    CA Drivers license info:

    13 CCR 15.00

    (d) Non-immigrants shall submit one of the following United States Immigration and Naturalization Service (INS), Canadian documents or other document with an INS notation to prove their legal presence in the United States. Non-immigrants are persons who have lawful temporary status for a specific purpose. Documents must be legible and unaltered to establish proof of the person's legal presence in the United States.

    (1) Canadian passport (expired or unexpired).

    (2) A certified copy of a Canadian birth certificate.

    (3) Non-Resident Alien Canadian Border Crossing Card (I-185, I-586).

    (4) Mexican Border Crossing Card (I-186 with a valid I-94 or I-586 with a valid I-94).

    (5) Record of Arrival and Departure (I-94 or I-94W) with a valid foreign passport.

    (6) Record of Arrival and Departure (I-94) with one of the following types of unexpired foreign passports to Hong Kong residents:

    (A) Certificate of Identity.

    (B) Document of Identity.

    © British National Overseas (BNO).

    (D) Hong Kong Special Administrative Region (HKSAR).

    (e) Other documents which may prove legal presence in the United States are:

    (1) A certified order or judgement from a court of competent jurisdiction stating the true full name, date of birth and that the applicant was born in the U.S. or U.S. Territories or that the applicant's presence in this country is authorized by Federal law.

    (2) Certification provided by the California Youth Authority (CYA) which verifies the legal presence of the applicant.

    (3) Certification provided by the California Department of Corrections (CDC) which verifies the legal presence of the applicant.

    (4) Employment Authorization Card (I-688A, I-688B, I-766).

    (5) Record of Arrival and Departure stamped "Refugee, or Asylee, Parolee or Parole" (I-94) coded: Section 207 (Refugee), 208 (Asylum), 209 (Refugees), 212d(5) (Parolee), HP (Humanitarian Parolee) or PIP (Public Interest Parolee).

    (6) An immigration Judge's Order Granting Ayslum.

    (7) Refugee Travel Document (I-571).

    (8) Notice of Action (I-797) Approved Petition).

    In a really sticky bind and i need some advice

    in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

    Posted

    some states have Accelerated Rehabilitative Disposition, first time offenders of DUI usually pay lots of extra costs, attend some classes, and the DUI will disappear-charges dropped upon completion. you definitely want this if you are over the limit. there are usually limits on the BAC for program admittance tho.

    ps - stop driving.

    pps - read this re: DUI deportation

    http://www.latimes.com/news/nationworld/na...-home-headlines

    AFTER INTERVIEW HOW LONG TAKES 4 GREEN CARD?

    in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

    Posted · Edited by D3m

    HEY GUYS!!

    I WAS JUST WONDERIN, WHO LONG IT TAKESTO RECIEVE YOUR GREEN CARD, AFTER THEY APPROVE YOUR PETITION, MY INTERVIEW IS ON JANUARY 23. i AM APPLYING WITH THE I-485 AND THE I-130.

    HOPE YOU CAN HELP ME

    http://www.visajourney.com/forums/index.php?showtopic=100138

    also a lil older but see

    http://www.visajourney.com/forums/index.php?showtopic=24212

    transaltion certified but..

    in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

    Posted

    Hi,

    I got my birth certificate reissued with a translated copy. The foreign translator testifies that it is an accurate translation, doesn't say she is competent in Englsih (I'm sure she is), stamped by the translation company she works for, legalized by the Ministry of Foreign Affairs certifying that the translator signed the document and recognizes the translator (but doesn't attest to the translation), AND it has the apostille Hague convention mark on the back.

    Will this be a problem because she doesn't actually state that she is qualified as an English translator?

    Should I also testify to the accuracy of the translation and my competency in English by using the standard certification form on top of hers? (I used to work as an English-Bulgarian translator).

    (f1 -> I130)

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