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About Tony_Chocolonely

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    Junior Member
  • Member # 395178
  • Location Miami, FL, USA

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  • Immigration Status
    IR-1/CR-1 Visa
  • Place benefits filed at
    Nebraska Service Center
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  1. It is meant to denote an example year. In other words, 202X could be any single year in the 2020s (i.e. 2020, 2021, 2022, etc.).
  2. This may be a bit of a technical matter but here are the facts: Married couple; both husband and wife were Polish citizens during the year 202X Both husband and wife lived a majority of the year 202X in the U.S. Both husband and wife applied for an adjustment of status during the year 202X; application was still pending and unprocessed by USCIS as of December 31, 202X (but notification of filing was issued during the year 202X) Both husband and wife met the substantial presence test during the year 202X and would normally be required to file Forms 1040 as U.S. tax residents for the year 202X However, their circumstances during 202X were such that, under the Article 4 tie-breaker rules of the US-Poland income tax treaty, both husband and wife were still deemed to be tax residents of Poland, not the U.S. for the year 202X The above being so, the questions are: Has anyone with similar circumstances taken a treaty-based return position by filing Form 8833 "Treaty-Based Return Position Disclosure Under Section 6114 or 7701(b)" to file taxes in the U.S. as a nonresident (i.e. Form 1040-NR) during the year their adjustment of status application was still in-process? If so, was the nonresident alien return and the treaty-based return position accepted or rejected by the IRS? Did filing in the U.S. as nonresident aliens using that treaty-based return position prejudice their application for an adjustment of status or otherwise negatively impact the outcome of same? Is anyone aware of a prohibition in U.S. tax or immigration laws, regulations, or other authorities against taking a treaty-based return position to be treated as a nonresident alien for U.S. tax purposes while their application for an adjustment of status is still in-process? Thank you anyone for any advice and input you may have on this matter.
  3. We were worried about the same thing, so we submitted an online inquiry to the Embassy via the ustraveldocs website asking the same questions listed above. After a week of waiting we had still received no response. With the interview date incoming, we tried calling the Embassy's Visa Information Service phone number to get our questions answered faster but they only answer general questions and cannot speak to specific cases; even then, they were cagey about answering whether it was generally acceptable to complete the medical exam before the interview had been scheduled. However, after I asked the same question several different ways to no avail, the representative offered to request that our written inquiry be expedited. Happily, we received a written reply to our inquiry the next day confirming the medical examination results were indeed received electronically, that they are valid through late November 2021, and that no additional medical documentation should be required at the time of the interview. In any event, we still plan on printing a copy of the above email we received stating as such, emails from the doctor's office confirming everything was submitted electronically, and also bringing the printed confirmation with barcode from the online system provided by the doctor's office that the results were electronically submitted in case we run into any unforeseen problems in this regard on the interview date. I cannot imagine anything else that could be done before the interview the confirm the medical results were satisfactorily submitted and received so pray everything works out for us as planned.
  4. The medical exam took place on May 26, 2021 and the results were submitted electronically to the Department of State on May 29, 2021 so my understanding is the results remain valid until late November.
  5. Do you have any insight into how their electronic system is set-up to receive medical results or retrieve them at the time of the interview? The doctor's office provided us with an "eMedical Information Sheet" which they told us is not necessary to provide at the embassy or during the interview but was given to us for our peace of mind that everything was submitted electronically. The print-out contains all the visa applicant demographic information, CEAC barcode, case number, and passport data. The sheet also has a barcode which I would assume can be used by the Embassy to scan and pull-up her results as needed but I do not know. Any insight you may have would be appreciated.
  6. The doctor's office in Warsaw did not require proof of a scheduled interview before the medical exam.
  7. The U.S. Visa and Appointment Service for Poland confirmed over the phone the results will be valid for six months from the date of the exam and the doctor's office provided a document today confirming the results were electronically submitted to the Department of State. We are trying to contact the embassy directly in writing too to confirm everything is satisfactory just to put a belt and suspenders on it before the interview date.
  8. We just received the email yesterday scheduling the interview for about three weeks from now.
  9. Thank you; the doctor's office confirmed as much for me today and that the results were already electronically submitted three days after the medical exam.
  10. Has anyone ever tried to complete the medical exam before their interview at the embassy was scheduled and, if so, did doing so result in any problems during the interview or during entry to the United States? This question is in connection with a CR-1 application being processed via the Warsaw embassy. The medical exam was completed before the case even became documentarily qualified by the NVC and the interview has still not yet been scheduled to-date. That said, the interview should be scheduled during the six month window within which the medical exam is allegedly valid for entry to the United States. While the State Department website recommends scheduling the medical exam once the interview is scheduled, there does not seem to be anything strictly prohibiting one from doing so earlier; in any event, it would be helpful to know if anyone else has attempted this and whether doing so was successful or resulted in a problem. As an aside, the embassy-approved doctor did not provide any sealed, hard-copy results; should they have or are the results somehow transmitted electronically between the doctor and the embassy?
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