4 hours ago, Wuozopo said:

I can’t help with that because we have never used a paid preparer. But there is a tax  forum here on Visa Journey. It will get very active in Jan/Feb. Too early now to solve your detailed tax return issues because the IRS is still finalizing 2022.

There are some very knowledgeable persons who will help and some flakey ones too. Don’t think the first answer you get is the best one. Wait awhile, a day or two, and let the replies come in. You’ll recognize the ones that seem knowledgeable.  
Tips:

• Make a timeline so people know when you married, entered US, on what visa, etc. Give information about when you quit working in the UK, if you had an employer who paid a regular salary or if self employed. Did you work any at a US job in 2022.
• Use IRS.gov as a source of information. Publication 519 US Tax Guide for Aliens is a good starting place. https://www.irs.gov/pub/irs-pdf/p519.pdf
• Figure out your UK gross earnings in 2022. You don’t need any paper proof from HMRC. It is self-reported. 
• Don’t expect to use TurboTax free online. Your return is more complicated and they will add charges when you start needing the Foreign Earned Income Exclusion (form 2555). And you can only have one return going. I always recommend purchasing a CD or a download of TurboTax Deluxe to install on a computer or laptop. Big retailers start sales in January and are always cheaper that the TurboTax website. I paid $39.95 last year at Sam’s Club.  With TurboTax Deluxe installed, you can create many returns under new file names to compare…Married Filing Jointly, Married Filing Separately.

 

See you in the Tax Forum in late January if you decide to give it a go doing your own return or getting more information.

 

 

Thank you so much for this!

33 minutes ago, Mike E said:

This is why you don’t ask tax preparers immigration advice. 

To be fair, they marketed themselves as experts in filing tax returns for expats. Now that I know I have to file, I don’t know where to look. I’m hoping I can get some suggestions here if possible

5 minutes ago, Crazy Cat said:

I don't think this is accurate.  Green Card holders and citizens are required to report world-wide income regardless of where they live.  However, it is true that you could be classified as a dual-status alien for 2022.  You would then have to report all income from the time you became a legal resident. 

Thank you! I really appreciate the responses. I am glad I asked because I was about to not submit a return at all.

Would Turbotax be a good place to submit a return? I am totally confused by all of this

5 minutes ago, OldUser said:

You're LPR. US taxes based on citizenship / permanent resident status no matter where you physically live. 

 

"An individual who obtains a green card is treated as a lawful permanent resident and is considered a U.S. tax resident for U.S. income tax purposes."

 

"You are a resident, for U.S. federal tax purposes, if you are a lawful permanent resident of the United States at any time during the calendar year. This is known as the "green card" test."

 

Read more: https://www.irs.gov/individuals/international-taxpayers/us-tax-residency-green-card-test

Thank you for this!
 

I contacted a tax lawyer and they emailed me with the below:

After our call, I did some research with regards the IRS legislation surrounding the Green Card and in particular if you can delay filing a return until you have actually arrived in the US.  The good news is that, assuming you do not go to live in the US until 2023, you will not need to file a 2022 US Federal tax return, even though you are now a Green Card holder.  Generally, a Green Card holder is treated in the same manner as a US citizen however, where you obtain a Green Card in one year but do not travel to the US until the following year, there is no need to file a US tax return in that first year.  Please see the link from the IRS code:-

https://www.irs.gov/individuals/international-taxpayers/residency-starting-and-ending-dates

This means that the first year you will need to file will be 2023 and the deadline for filing is not until April 2024.

This confuses me slightly because they told me I did not have to file a return.

Just now, OldUser said:

As an LPR, just like US citizen, you need to file taxes on world wide income, no matter where you live.

 

Even though I do not meet the substantial presence test?

Hello everyone,

I have 2 questions that I am hoping I can get some help with or information from anyone who has been through a similar experience. 

I applied for my re-entry permit (i-131) in July and gave my biometrics in September (online status shows that my fingerprints were accepted). Once I had my biometrics appointment, I left the USA and came back to the U.K. I understand that a re-entry permit can take up to a year to be completed.

I wanted to know if I can still travel to and from the USA with this permit pending? Or should I wait until I have my re-entry permit in hand to be able to travel?

My next question concerns taxes. I became a LPR in May 2022. I have not yet moved to the United States (for various reasons) but I will be making the permanent move in 2023. Do I need to submit a tax return for 2022? Or do I only submit a tax return once I have officially moved and resided there for a longer period of time. 

Any answers would be massively appreciated. Thank you.

1 minute ago, Family said:

Death threats, if real, in the form of texts/emails, are NOT a negotiating tactic to be kept in the back pocket ….

 

Continuing to do so is playing a dangerous game. ..as is continued engagement with your jilted husband : 

 

You described the death threats as reason for telling him the week you were flying in to activate green card , but not the day 

 

Your polite email to him about divorce and ongoing back and forth, am assuming your newfound I-864 upper hand. 
 

You are well researched and DIY savvy and called him “ ignorant and uneducated “ in how immigration/divorce works…but do not underestimate your once beloved IF DEATH THREATS are real and ongoing. 
 

I’m not using his threats as a negotiation tactic. I am actually trying to seek legal help to take out a restraining order against him.

I am polite in emails because I see it as a way to try and calm him down because he is constantly seething with anger but I have now gone no contact so I will not be engaging in any conversation with him.

I am not trying to underestimate him at all. I am well aware of the threat he poses to me. I’m just trying to navigate all of this in a way that keeps me physically safe from harm and in a position to try and move on. 

6 hours ago, Villanelle said:

Where is the cat? 

 

You said you are in the UK, where is the cat? With him? If so please call the spca or arrange for someone to get the cat from him ok? 

 

For immigration- theres 0 concern unless the divorce is based on fraud (divorce or annulment). Annulment is most likely not an option as you all have been married so long. But you MUST make sure to not willingly allow wording of fraud to occur. For a fraud ruling to occur he will need to present evidence and have a judge rule such. 

 

What evidence does he have? That you refused to live with him after he verbally assaulted you the trip over? Lol. That you filed for divorce after he threatened physical violence.  Good gracious.  

 

Don't let him get to you.  As part of a standard filing theres typically no contact orders attached.  Speak to the clerk about his harassment and see if they can assist. Explain you can't afford an attorney , they may be able to set up a moderation hearing.  You won't know unless you ask.

 

In general divorce cases follow a basic format. One person files (petitioner) the other responds (respondent). So you file. You list out the grounds and the terms and then he responds with either agreeing or his grounds and terms. Ball is back to you.  You can agree with what he said or not (do not agree to fraud). If you agree the case goes to a Judge to sign off on.  If you don't agree the courts will direct you to negotiate amongst yourselves or with a mediator to come up with a settlement you do agree on so the judge can sign off.

 

If absolutely no agreement can be made there will be a hearing. The judge will hear both sides, you will both be questioned and both have an opportunity to present evidences. The judge will decide and whatever decision is made is final. 

 

The courts try to avoid wasting the judges time and typically insist on moderation or a hearing with a magistrate.  This can be helpful because the magistrate or moderator will tell you bluntly how the judge will rule if the case ends up in the court,  so they are typically able to get both sides to come to an agreement. 

 

I understand you don't want anything from your ex. You may be entitled to something and you can use that in your negotiations. Have you ever negotiated for something? You start high so you can come down.  So it can be a strategy to ask for x y z and then 'negotiate down' to only x. If all you ask for is x theres no where to go. 

 

Know your rights. Take advantage of as many free consultations as you can. Many states have resources on how to self file. Contact legal aid and see if you qualify. They may not be able to take you on right now but if he gets an attorney they might as its not fair for you to face an attorney unrepresented. You can also ask the court to help you obtain counsel at his expense if he can afford such.

 

The 864 is also a concern (for him). You can find info on suing for support based on the 864 online as well.  

 

My cat is thankfully with me and being well looked after and spoiled as she deserves.

He has absolutely no evidence whatsoever. He’s just letting his feelings dictate everything he does. I filed the divorce and he’s since been served so he has 30 days to respond. We have no kids and no joint property. It should be simple because we don’t have anything to disagree on and he’s aware of that. He just wants to make it difficult for me which he has stated in an email. 

Thank you for the suggestion about negotiations and the 864. I’ll need to stop trying to be nice and start standing up to him. 

4 minutes ago, Family said:

Perhaps I missed some nuance in when you made your final decision…but I thought you clarified it was somewhere between visa in hand and entry.
 

You must admit it is one of those rare instances where the new LPR spouse enters to activate and never lives one day with the Petitioning USC. 

I am not sure USCIS can use the previously captured biometrics at Consulate , but perhaps someone can chime in. 

 

 

Worried and scared... Abusive spouse threatening to call USCIS

By oat12,  July 13 in Effects of Major Family Changes on Immigration Benefits 

 

 

My ex dumped me after the visa approval. Of course this changed when he begged for me back weeks later. It was always an on and off issue with him dumping me/blocking me and then pretending it had never happened. Pure emotional abuse. I always begged and grovelled every time which I now understand is what he wanted. He never genuinely wanted to leave me, just control me.

I completely understand how it looks and can appreciate that some people on here feel I 'duped' my spouse but the truth of the matter is that we got married 4 years ago because we loved each other. I wanted nothing more than for us to be together for the rest of our lives. 

However, slowly his behaviour got worse and worse until it escalated to really bad levels during and after my interview. I still tried to be with him but after the death threats I had to look out for my own safety and stop wearing my rose coloured glasses thinking that he would change or would not pose a danger to me.

Since all of this, his behaviour has escalated to even worse levels. The longer I have been away from his influence, the more clearly I see how unhinged he is.

I blame myself for making so many excuses for him over the years.


 

11 minutes ago, Family said:

Interesting point that CA courts can support a zoom trial with you living in the UK. 
As per your previous posts , you had already decided divorce before you made the Green Card Activation Entry on May 27, 2022 and stayed in a hotel somewhere,  for 2 weeks  ..and another few days in US to file re-entry in June , 2022 …am assuming yet another few days trip in July 2022 to do biometrics for I-131 …so you could not have established residence.,

I did not think it would be so simple to DIY a divorce in CA while living in the UK and Zoom the trial to boot ! 
 

Live and learn 

 

That's not what happened.

We had not decided on divorce before my green card activation, this was decided after. I came to the US to activate my green card in the hopes that we could work things out and for a while it seemed he was calming down. Then he escalated his threats and made death threats and physical threats and weeks after, I decided a divorce was needed.

I have not received an appointment for my biometrics, I am awaiting one so I can return to provide them. 

The residency requirement in a CA divorce only applies to 1 party in the marriage. Since my ex meets the residency requirements, they are able to accept my current and temporary position in the UK.

1 minute ago, Soksboy said:

No need for the immigration lawyer. File whatever the next step you need to file with immigration and deal with whatever USCIS response is.

A lawyer can only guess what they have in their files about you that was said by your spouse.

 

That said USCIS ignores most of those letters and comments by angry exes and soon to be exes.

 

Correspond with him via paper or electronic means only. That way you have proof of all his stupidity.

Besides your greencard, what is he trying to get from you? If nothing else, you might not even need a lawyer.

 

Respond to every legal document sent. Else a default judgement might be entered in his favor.

I think you are given more time to respond since you are out of the country.

FYI he might try to pull a fast one by sending it to your last address, saying he did not know you are currently in the UK.

If you think he has filed, check with the courts in the city where you or he lives. I think those are his choices of where to file.

You will have to eventually come back to deal with the case.

 

Even though he filed the case, you also have a say if this ends divorce or annulment.

I don't know what he wants from me. I have emailed him respectfully advising him that I will not be coming for any of his assets and will be as amicable as possible in the divorce because all I want is for it to be completed. He wants my green card from me but he has also stated that he wants me to never be allowed to step foot in the US again, he thinks that all of this can happen just because he made a false claim to USCIS. He just wants to disparage me and make me miserable in any way that he can.

I will call the courts to see what he has filed but I filed a petition which has been accepted and he has been served and this has been filed with the court too to document that he was served. Luckily, I called today and they told me they could do zoom meetings/trials since I am in the UK. He did not file the case, I did. He just wants to contest it.

Thank you for your advice though, I really appreciate it and it is very helpful.

Just now, Dashinka said:

Do you have your physical card, or just the stamp?  I read through your other thread and it seemed you were still using your endorsed visa as a GC.  If so, hopefully you were able to change the address to where USCIS will send the physical card.

I now have the physical card too thankfully

29 minutes ago, Dashinka said:

Why would you need an immigration attorney at least at this point?  You already have a green card right?  Most complaints to USCIS fall on deaf ears unless the complainant has solid evidence of alleged fraud and admits to being duped.  Right now, I do not see an immigration concern if you decide to come back to the US.

 

Good Luck! 

I do have the green card yes, I got a 10 year green card because my ex and I were married for over 3 years at the time of my approval. 
 

I have also filed for a re entry permit which has been received by USCIS in order for me to stay in the UK to take care of my mother for a little while longer until my sister can take over. 
 

He has no evidence of fraud at all. I married him because I loved him and then the relationship broke down because he was abusive.

19 minutes ago, Rocio0010 said:

That is up to you, but I think anytime someone makes a fraud threat, it’s not DIY anymore. I know I would do it for my peace of mind, but of course, to each their own!

Oh okay I understand. 
 

It’s just that on my last post, the general consensus was that USCIS would most likely ignore his claims as he has no real or concrete evidence and I already have my 10 year greencard. I’ll see what I can do for an immigration attorney.

Just now, Rocio0010 said:

Ok, perfect. 
Do NOT sign anything he sends you. Get you a lawyer and let the lawyer tell you what to do. Do not engage with him in any type of communication, but do keep collecting evidence of the abuse. Once the whole annulment/ divorce is sorted out, consult an immigration attorney

Is it necessary for me to consult an immigration attorney if we end up getting divorced? 
 

He has no evidence to submit to USCIS because I did not commit any fraud, I’m also not able to afford a lawyer for the divorce and an attorney so I want to try and save money where possible  

12 minutes ago, Family said:

Definitely looks like husband got a crash course on divorce proceedings and may allow his feelings to influence the course of this court battle….but the fraud he will allege is more of the heart, so to speak.

 

And if he’s lawyered up, he certainly bring you to court many many times.

• Either spouse perpetrated a fraud to obtain the other party's consent to marriage. The fraud has to go to the heart, or essence, of the marriage. A good example would be when one spouse persuades the other to marry because of a secret desire to remain in the United States.

He is a very ignorant and uneducated man when it comes to these matters. I think that he believes that he has complete power and control. In his eyes, if he files for an annulment he thinks it will get automatically approved and then my visa taken away from me. I have tried to explain to him that it doesn’t work this way but he has since sent me a triggering chain of dark and abusive emails. 
 

He also can’t afford a lawyer at all. He will need to start a brand new petition for an annulment and he has 0 evidence to provide. 
 

The funniest part about this all is that he was desperate to marry me 4 years ago and I was the one with doubts. I eventually married him because I loved him and wanted him to be my life partner. It’s funny how rose coloured glasses work. I would never have guessed in a thousand years that I would be where I am today, 4 years later. 

Just now, Rocio0010 said:

Are you out of the marital home? Are you safe? That’s the first and most important thing now. 
If you have left the marital home, have you collected all the evidence that you need?

I am in the UK now, thank you so much for asking! I am safe and with my parents and siblings. 
 

He has been emailing me everyday with threats and abuse and even death threats towards my cat which I find incredibly disturbing. 
 

The evidence I have of his abuse include: voice recordings, emails, WhatsApp messages, Snapchat messages and Instagram messages he has sent to my siblings abusing them also. 

Thank you all for all of your help.

I will be contacting the county's self help services and going forward from there. I will not sign the annulment as it is not true, my ex has 0 proof of fraud (because it was a genuine marriage) so I don't think he will get very far trying to convince a family court judge either.

 

5 minutes ago, Crazy Cat said:

Sounds like he participated in the "fraud", too since he had to provide a lot of evidence to prove the marriage was bona fide.  I would remind him that he is incriminating himself. 

I tried but he thinks I’m lying or threatening him. He has no clue how any of this works, not the divorce or the immigration process. He just thinks because he’s bitter that he can control the narrative, my immigration status and now the divorce and I’m losing myself to stress in the process. 

6 minutes ago, bastille said:

 

Did you leave the US before they received your documents?

If u left the country on the 13th, and USCIS received your documents on the 15th, I think they can deny your case:

 

https://www.***removed***/forum/after-getting-usa-green-card/738698-re-entry-permit-denied-what-are-the-chances-with-appeal

I left the US the day after I mailed it.

Even in the link you posted, the OP received an appointment for biometrics but couldn’t make it. If I get a biometrics appointment, I will go straight back. 

Hello everyone. 
 

I need some help. I am a 10 year greencard holder (IR1).
 

Since leaving my spouse (please refer to previous topic). I was able to file a divorce case with a court in CA. My spouse got served and this must have triggered him as he has reported me to USCIS (I'm not worried about this as he has no evidence since it’s all lies) but my concern here is that he told me he will be filing a response to my divorce by ticking the box “annulment based on fraud”. 
 

I appreciate that this maybe not be the right place to ask but I cannot afford a lawyer and wanted to know how I proceed if I filed for a divorce based on irreconcilable differences and he is responding with annulment based on fraud?

He is doing anything and everything he can to spite me and I just want to move on. 
 

I applied for a re-entry permit 12th July and left the US the next day. Received notice of Action July 15th. I am currently waiting on a second letter advising me of what they decide to do with my biometrics. I am hoping they can re use the old ones, but if not, I will return for my biometrics appointment.

I agree, 

1 minute ago, Boiler said:

I doubt it, they may give your grief, I personally know somebody who was after 5 months, but then I have seen somebody on here return after 9 years.

 

It all seems a nonsense making a fuss of it.

I agree  .

I just feel like I have many things to worry about. Especially with the threats my ex spouse is making looming over my head. I just want to protect myself. I wasn't prepared to be in this situation.

Just now, Boiler said:

I have not looked at it recently but my recollection is that full access to the NHS is dependent on you being UK resident, as a US resident my recollection is that we still have access to Hospitals but not for example a GP, well without paying. Anyway it is all on line. Drivers License maybe as well you are supposed to update your new address but they do not take overseas addresses, I know people fudge it using a family address. Not sure that is strictly kosher. May be all sorts of other complications.

That makes a lot of sense.

I have filed the re entry permit so that I can stay in the UK and figure out how to take care of my mother, if my sister agrees to help then I will move to the US very soon. I have an address in California already, I was hoping to go and take my test there to have a drivers license there. So far I am planning to do all of this on my next trip when they ask for my biometrics.

Do you still think I will run into issues?

1 minute ago, Boiler said:

You do not have to reside in California, usually a SSN is quick to obtain just a trip to the local office

 

It seems that they give new residents slack when first moving knowing that a trip home to tie up things is common.

 

Fron a UK perspective it can complicate matters, your NHS access for example 

What do you mean by my NHS access? Will I not be able to use NHS services anymore?