Meridien

No, if you elect to treat yourself as a resident for the entire tax year, you may not use the foreign income exclusion. You delcare your election by attaching a statement to your return. You will not be able to efile if you take the election.

Thanks so much for all the advice! It is my understanding that I must make the election (to be treated as a resident for the entire year) if I want to file a joint return with my husband this year. Is that correct?

Oh yeah...one more thing. Do I need to do anything to make the election to be treated as a resident for the whole tax year? Is there a form that I need to file? Thanks!

You qualify for the foreign earned income exclusion as the time you were outside the US before you arrived on the K1 meets the bonafied residence test for your time outside of the US.

I just wanted to confirm that this still applies if I elect to treat myself as a U.S. resident for the entire tax year?

Another question for you...

I am filing a leaving Canada return this year. After I established my residency in the US, I continued to do some contract work remotely for my employer in Canada. They are a Canadian company with no US presence, I was paid in Canadian dollars, deposited into my Canadian bank account. They paid me as an independent contractor and did not deduct any taxes. I am filing a Schedule C in my US taxes to report these earnings.

I am wondering if I need to report the earnings on my Canadian return as well. My understand is that I do not need to report income earned after my Canadian residence has ended - However the fact that it was a Canadian employer makes me think that maybe I do need to report it. Will I owe the 25% non-resident tax on this money? It is a relatively small amount of money - less than $10,000. Thanks!

You are a lifesaver! Here is my question, and I'm sure it's a pretty common one.

I arrived in the US in May 2008 on a K-1 Visa. I now have my green card, so I quality as a Resident Alien. I want to file jointly with my husband, so I am electing to be treated as a resident for the full year, rather than filing as a dual-status alien. I understand that this means I will be required to pay US taxes on my Canadian earnings. So far so good.

I am trying to figure out what to do with my Canadian income which I earned before I arrived. Where do I declare this income? I am filling out the 'Foreign Earned Income' section in Turbo Tax - and I'm a little confused about whether I qualify for the Foreign Earned Income exclusion.

Thanks!

They kept the copies some of my 'evidence of ongoing relationship' stuff - the bank statements in both of our names, life insurance with me as beneficiary, and - to my surprise - some of our wedding photos (luckily they were just prints I made at home on our photo printer). I wouldn't worry about copying 500 pages of stuff, maybe only copy the most important pieces - bank statements, shared property, etc. I don't think you need to worry about copying all your correspondence and stuff like that.

Good luck on your interview!

I went to a insurance broker and they provided me with a list of possibilities and the coverage and costs associated with each one. I ended up going with a high deductible ($1500) plan that costs $180/month (would have been less except I have asthma). Because of the deductible I have to pay for everything out of pocket up to $1500, but at least I know I'm covered if something major happens.

I miss Canadian health care...

just back from interview thank god we passeed and approved realy pretty easy only take 10 min basic questions looked at some pics and insurance docs with both are names on them and she copied some of our pics mostly ones where our familys are also in them .and that was it .good luck to all who are still waiting your in our prayers

Congratulations!! :dance: Feels good to have that over with, doesn't it?

Hi everyone! We had a successful interview in Detroit yesterday, and I have been approved for my green card. I am so happy that I can forget about USCIS until it's time to remove conditions in 2010! The interview was easy and the adjudicator was really nice to us - after all the worry it was a breeze! I hope that everyone still waiting is done soon too!

Thanks for all the positive vibes! We're heading off in a couple of hours...I have a cold unfortunately, but apart from that I'm feeling good...I will keep you posted on how it goes.

Hello my AOS forum friends! I haven't been on these forums in a while (I was kind of immigrationed-out, if you know what I mean). But at long last it is our turn to face the interviewer tomorrow (Tuesday). Wish us lots of luck for an easy and successful interview! Thanks!!

Chantal

Well, at last I am almost there - our interview is on Tuesday. Wish me luck!!!

Thanks for letting me know we're not alone in this, hopefully it'll speed up after the elections, or even before then. On a side note, is there a website we can check if an interview has been scheduled? Is the case "touched" when an interview has been scheduled?

The answer to this appears to be no...in my case anyway. My interview is Tuesday and the USCIS website has never been updated since biometrics on June 25. It still says 'case received and pending'.

You have to get married within 3 months, but you can wait to file the AOS. Sometimes people have waited years to file AOS, for one reason or another. Of course if you do wait to file, the foreign spouse will not be able to leave the US or legally work (because you usually file for Advance Parole and Employment Authorization at the same time as AOS)

Hello! I finally got my interview letter in the mail - no update on the USCIS website though... Our interview is on October 28. Time to start getting our papers in order...

Your tax transcripts can be ordered for free from the IRS, look at the following link:

http://www.irs.gov/individuals/article/0,,id=110571,00.html

A tax transcript is basically a summary of your tax return information.

hi VJ's!!

I heard nothing about my GC yet....is it possible that they (knock on wood!) lost my application? Is there any other way to request for a case expedite?

Hi Sheree, your timeline shows that you received your NOA1 - so they have your application. When it comes to AOS, there is a huge range of timelines - some people take a few months and other poor souls have taken years. (I'm sure that won't happen to you!) I know quite a few of the May filers have gotten their green cards, but lots of us have heard nothing since biometrics. All we can do is wait...

It varies so much that I don't think there is an answer to that.

I'm sure there can't be that many interviewers in Detroit...we can probably identify some of them if some previous interviewees post the descriptions. I'm curious too - haven't got my interview date yet but will be going to Detroit when I finally get it.

My AOS and EAD cases didn't show up until the day of my biometrics - and my Advance Parole didn't show up until after it was approved. You just never know with USCIS...

I'm very sorry to hear about your situation. I'm afraid that there are no easy answers for you. It seems that your options are to first beg everyone you can think of to be your co-sponsor. If you can't find anyone willing to do it you will have to try your luck being the sole sponsor with the income from your current job. You have done the right thing by postponing school and getting a full time job to meet the income requirements - unfortunately it may be a case of too little too late. Still, you can submit your paystubs and a letter from your boss stating your salary and the fact that you are a full-time, permanent employee and hope for the best.

If worst comes to worst and your husband's AOS is denied, I suppose you could both move to England for a few years - from what I understand the immigration process there is quicker and easier than the US. Maybe you could finish your schooling in England, then re-apply to the US in the future? Maybe this isn't the ideal situation for you, but at least it could be an option if you run out of other options... Good luck to you.

Stressed!!!

I applied for my AOS which was recived in Chicago on May 25 2008. It is STILL pending. It seems everyone else's has gone through quickly and now I'm worried something went wrong!

We filled it all out correctly and have been married over a year (I came on a K1). Am I worrying for no reason??

You're not alone - our AOS has not been touched since our biometrics appointment in June...I'm hoping there will be some word of a transfer or interview or something soon...

The good news is that my EAD got approved! :dance: The bad news is that I have to start job hunting... Not such an easy task with the lousy Michigan economy...

I've still had no action on my AOS since my biometrics...I'm giving up hope that it will be transfered, I guess I'm looking at an interview. Oh well, if that's the case I hope they at least hurry up and give us our interview appointment.

Congrats to all the latest approvals!

I'm in the same boat as your husband - in a new town, no friends, no job and my husband works long hours. It stinks and I'm lonely and homesick... I've decided to work on fixing up the house - it's an old place and I'm painting many of the rooms and working on the garden. I also signed up for a pottery class, which is something I've always been interested in. I'm considering trying some volunteer work too. My EAD should be arriving soon then I suppose I'll be busy with job hunting - one of my least favorite activities! I guess my only suggestion to your husband is that he should try to enjoy his time off and do some things for himself that he's always wanted to try but didn't have the time. I'm trying to look on the bright side by reminding myself that this may be one of the only times in my life where I can have time off and not have to worry about working. Good luck to you and congratulations!

Well, I received my AP yesterday, hooray! I'm very happy because I want to go to my friend's wedding in Canada in October, and now I can!

Wow - he really must have gotten up on the wrong side of the bed that day - sounds like a very unpleasant experience. I went to see Dr. Viljoen for my medical back in March and found him to be...not particularly friendly, but efficient and polite enough. Unfortunately, there aren't alot of options so we just have to put up with it!

At least you're done with that step in the process now, good luck with your interview!

CONGRATULATIONS TO ALL THE RECENT APPROVALS!! :dance:

No update on our case - no touches since biometrics on June 25th. I'm hoping to get the AP soon at least...for some reason the AP does not show up on the USCIS website, although the AOS and EAD are there...Hopefully something will happen next week!