keks&me

To avoid some confusions:

The OP is the German, currently living with her US. citizen husband, who is not employed.

The problem is, that the Co-Sponsor (not a future household member, so it would not be combining the income but he would be used as a joint sponsor)they were using, was just a few dollars under the guidelines this year. Therefore the question is more: Can the Joint-Sponsor himself take somebody of his household, and combine that ones income..to be a sufficient sponsor to the intending immigrant?

Would it also be an option, that the joint-sponsor includes income from any of his householdmembers? That would mean only one true joint sponsor, that is using another persons income too.

I had the same with my petition. The nice thing is: it really speeds up the process (got my EAD on April 28th, and the GC on April 30th) and most likeley you dont even have to go to an interview :-).

good luck!

Thanks for the quick reply! Yippie, one step closer!

Wohooo got the EAD Card in mail yesterday (so only took 60 days, quite happy with that!)

Questions are: It says on the bottom: Serves as I-512 Advance Parole. So is that the only document I would need for travelling before AOS is done? I did not get any Noa2 notes this time..neither for the EAD nor the AP..Just that card showed up yesterday.

Is that sufficient or am I missing documents..any paper stuff?

Greetings and thanks!

You have two basic choices according to the IRS.

1) The non USC can be considered as a non resident alien for the entire tax year.

2) the non USC can be considered a LPR for tax purposes for the entire year

Option two allows you to file jointly with your non USC spouse and get the advantage of the marriage deduction. However the non USC's income is taxable in the US with this option. You must file a statement that you are claiming the non USC as a LPR for tax purposes signed by both taxpayers. If your spouse comes from a country where the income was small--like my wife--the marriage deduction is of great benefit. If the income is approximately the same as your own then the benefit tax wise may not be that great. However consider the next step for removal of condition as this will show evidence of comingling of assets--a jointly filed tax return.

It is up to you as how you want to be treated this first tax return. After the AOS is approved you are a LPR and then must file a US tax return.

Check out the IRS website for non resident aliens and filing taxes here: http://www.irs.gov/b...d=96314,00.html

Hope this helps.

Dave

Dave, thank you so much for your answer!!

We definatley want to go by the option 1, considering me as a non resident and so not including anything of me in the tax returns of my husband.

Do you also happen to know what we have to check in the tax forms?

My husband has the choice of checking: filing jointly or seperately. Since we dont want to file jointly, we dont check that..but..we are not really filing seperatley either, so..do we leave both blank??

I've got about the same questions!!!

Cant believe nobody had to go through the same situation before...*bumping thread*

Also read in another forum -that since i was not a permanent resident in 2010 (and still pending)..that i might not have to file anything at all (even not reporting my foreign income)

Is that true? And if so..does my husband only have to mention he is married but nothing else then?

Hi again,

already posted my question in another area, but only got views and no answers.

Maybe here...any help is appreciated since we basically have no idea how to treat our taxes this year.

I moved over in November 2010 and we got married December 16th, 2010.

So..obviously my husbands status is "married" now on the tax returns. But what next?

if we say: file jointly? Is this possible and what are the consequences (e.g. do i have to report my income for 2010 that i recieved in Germany? Or from any foreign saving accounts?) and: do i qualify for filing jointly since i am AOS pending right now and not a permanent resident yet.

or...filing seperately: Do i file anything then in the USA at all? Since I have never worked here?

Totally confused and hope for help. Thanks!

Hi together,

I hope i picked the right area to post this.

I have filed for AOS and we have already recieved NOA1 and i will have my biometrics soon. So right now I am pending and my husband wanted to file his taxes for the last year. I guess since i am pending and never worked here before or don´t own anything so far officially here beside the 100 dollar in my brand new bank account i dont have to file any. So does he just add me as his spouse this time (and says we are filing seperately, since i still have to do taxes this year in my home country and would file there)..or do i just get added as a dependent and say nothing about me filing anything seperatley?

Thanks for your help guys!

Thanks for the quick answer! One thing more to cross of the list :-) Can´t wait to be done with it!!

And I thought i had no questions left...but going through the forms a couple times , always new stuff shows up.

On the I-485, right under the I-94 number they ask for an expiration date...do i have to enter the expiration of the I-94 or the expriration of my K1 Visa?

And the I-94 number..that is the 10 digit one (and not the teeny tiny OMB NO on the right top corner?)

Thanks!!

Thank you so much for your input!

@Vanessa& Tony: special thanks for your answer and link.

Thanks everybody,

yes I already looked at the example forms and only wanted to double check, since my I-94 expired and with the marriage, i did not think i still fall in the K1 area..so i was more thinking i am in grey zone right now and that is why i was not sure what to put there.

So just K1 should be fine?

And thanks regarding for the comment to the 3 applications and supporting material..good that i got 8 pictures taken the last time...:-)

and another (maybe stupid question). Since I will file for the EAD and Advanced Parole at the same time..do i need only 2 pics and one set of copies of my passport/visa etc? Or does it have to be 6 pics and 3 copies, since the instructions of the work permission and advanced parole also say pictures and copies are required for those forms. Thought since i file everything togehter they might only need the stuff copied once and only 2 pics.

Hi there,

we have almost everything together to file AOS. Short question: What information to i enter for my current USCIS status? We got married within the 90 day period, but my I-94 expired about 2 weeks ago. Do i write K1, I-94 expired...or just I-94 expired? Or something completely different?

Thanks!

Maybe i reading to many forums..somebody wrote me and said the rule that you dont have to pay for AP and EAD after July 2007, only applys for people immigrating with a work visa...and not for K1...now i am really confused.

Not sure about that, but if you submit after that date, I would double check you have the latest version plus latest intructions. I'd assume that's where any changes would be highlighted. Also to be on the safe side, check the filing fees day before you send!

Yes I will :-)

Thanks alot for the support..and i am now pretty sure that they might have raised the fees on the single forms, but that there is no evidence so far that they also changed that you have to pay the EAD and AP.

I´ll cross fingers for us all.

I think it says it on the intrudtions for the i485. I remember checking and double checking since you don't expect anything to be free once you see the AOS fees lol.

There you go http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3faf2c1a6855d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=dd346d26d17df110VgnVCM1000004718190aRCRD

Thanks alot! And..i know i already paranoid with theses costs...that rule stays even after November 23rd?!

It's only an increase of $60. If you get married and send off your AOS paperwork before the 90 days, you only have to send off the I-485 and do biometrics. The EAD and AP fees are waived when you apply for AOS. The I-130 is only needed if you are applying after getting married outside of the 90 day window K1 holders are given. The total cost is going from $1010 to $1070.

Only 1070? wow...i heard the 1700 in another forum..then i looked up the prices for the single forms: I 485: $985 $, I 131-$360 and I. 765 $380 on the uscis page.

So where does it say that EAD and AP fees are waived? Must be blind..did not find that on an official page! Please would you post the link? That would be awsome!

Wow...about 700$ more just for filing after November 23rd?

I´ll enter on the 3rd.. is it realistic to have the SSN within a week and then run to get a licence and get married, yell for the marriace licence and get everything into mail before that evil date?!

*snif snif*

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=5be73dc5cb93b210VgnVCM100000082ca60aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD

Are you using assets (bank account) to cover the income level needed?

If not, you only need to prove current job/income level - letter from your employer. (that one of the options for the I-134)

Some embassies require one year worth (current tax year) of tax info (IRS tax transcripts are the best) to go along with the I-134 - you would need to check with them for the particulars.

If you do need assets from the bank - the letter has to be written by a bank official.

We wanted to hand in a letter from the employer of his mother (she is our co-sponsor and has sufficient income for sponsoring me), bank statements and tax information.

So i guess since we provide all those 3 things we should be fine if the bank statement is missing the last year information?

Ok, here the next question. I had read the FAQ here regarding the bank statement for the affidavit of support and thought we would be fine having a letter stating Name, date of opening the account and current balance. Now i re-read the instructions for I134 and there it said that it would also have to state the transactions of the last year.

Is that really a must have?? Or are our statements already sufficient? Its just we got them today and it would be great we could already send our stuff in to get the interview appointment soon.

Any experiences? Thanks for your help.

I have read about other people here covering theirs and not having a problem.

I did not personally cover mine, however, I did have some paperwork with my ex-husband's on there, and I did cover his.

Thanks for the quick answer!!

We wanted to hand in tax forms from my fiance and his mother (co-sponsor) at the interview.

Are we allosed to cover the SSN? Or do the numbers need to be on the forms.

Thanks!