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About Wuozopo

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    Naturalization (approved)
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  1. We aren’t risk takers. We still wear masks. We follow rules. We drive the speed limit (mostly). We’re honest on our income tax. But I would still work for my UK employer because I just don’t see a risk for a K1. I’m not advising anybody to do it but only saying which way I would lean. It’s a personal choice really.
  2. Texas changed their Driver license rules October 1, 2008. I just missed out on getting one as a new K1 entrant. Had I known I could have gone the day I arrived and gotten a 6 yr license. TX was one of the last states where immigration proof was not required. People were flocking to Texas to get a driver license. The federal government put the pressure on the states as one measure to control undocumented immigration. In 2008 the work authorization stamp for K1s was winding down. The only airport still offering it was JFK and I think it was hit or miss and you had to ask for it. But it was only good for the 90 days of your K1 admission. Then it was expired and you needed an EAD card. A K1 could apply for an EAD card and pay the $$$ application fee, but again, it was only valid for the 90 days of K1 admission. So if one applied quickly they might get it with 2 weeks remaining validity it they were lucky. Then it was over. Not worth the application fee to work 2 weeks. Once married, a K1 could apply as part of their AOS with no fee so that was the best choice. In 2008, my EAD card arrived in less than 60 days.
  3. Visa Medicals (formerly called Knightsbridge Doctors) have always had a short wait list for medicals, even during the faster pace of pre-covid. Hopefully the have enough staff to keep up as interviews increase.
  4. IRS requires resident aliens or “US persons” filing a tax return to report worldwide income for the entire Jan- Dec tax year if filing jointly . Let’s say the OP’s fiancé arrived in Sept 1. He reports the whole year of wages. He qualifies to exclude his foreign earned income paid from Jan through August. Anything he gets paid Sept to Dec is not excludable and is fully taxable wherever he got it. There is no conflict. You follow the IRS rules and report and exclude as appropriate. The IRS does not require work authorization to process your tax return. They are happy to process the returns of illegals with fake social security numbers. IRS and USCIS are separate branches of the government and don’t talk to each other. Would USCIS know you worked for your UK employer remotely? No. They don’t typically ask that at interviews.Even if you told them, you would still get a greencard. Does the IRS actually know you earned money abroad? No, not usually. It’s somewhat of an honor system to report it. They do not require any documentation Of the foreign wages with the tax return. The tax year I was new to the US, I totally made up a figure for my UK wages. I hoped it was close, but it could have been thousands off. Does the IRS know what you earned from a US employer? Yes because employers send your W2 or 1099 wage info to the IRS as well as to you. Do US employers check your immigration status? Yes because if they hire illegals and get busted, they are fined. Does the IRS know what your earned “under the table” ie cash payments, especially for day laborers or cash tips? No. Again sort of an honor system to report it. Back to the IRS not caring about immigration status. My wife helped one of the girls on our maid crew with her taxes. She hadn’t received her refund. The family is clearly illegal except for the two youngest children born in the US. The IRS has issued the rest ITINs. There’s no way the SSN the Dad works under is his. He filed with an ITIN and had a W2 with a SSN. After several calls to the IRS and trying to find a bilingual rep, it was about the children and what she needed to send. The two children born in the US got the benefit, but the ones the IRS knew to be illegal were being denied.Thus the refund was reduced. And the wife reported no wages so clearly is getting paid cash by the maid service. Yet in the various conversations with the IRS, not once did they question that this was a family of 4 illegals and 2 US citizens. The information was all straightened out with a few documents proving the children existed. Birth certificates and report cards had to be mailed in. They got their refund. There was so much wrong there, but my wife was asked to help her get the refund and so she did, ignoring all the rest of the issues she saw.
  5. There is no clear yes or no from USCIS. I don’t see it as a risk. I would do it. At the end of the day—who would know what you are doing in the privacy of your home.
  6. But that is an opinion and not from USCIS. That’s all we get every time we debate this topic.
  7. I don’t see a problem. It asks how many are dependent for support. She only supports one. If there are any questions, you are there in person to explain. You will not have work authorization when you apply for your greencard. Your apply for the greencard, work authorization, and travel permit all together. You’ll be unable to work for a number of months. A K1 only gets you in the country for 90 days. There aren’t any resident privileges that go with a K1 like working, getting a driver license, etc. She can add assets to supplement her income shortfall. As her spouse, your assets count as well. You together need three times the shortfall in assets. So say her salary falls short by $2000. She needs 3x$2000 in assets to make up the shortfall in salary/income. If you think you’ll need your property asset, then get an appraisal of current value and a statement of any balance you owe on a mortgage to use as proof of your asset value.
  8. Concerning my reply., I have spoken on the phone with the IRS person who issues EIN numbers to foreign employers. Yes a UK company can get an Employer Identification number and I t’s quite easy according to the person who issues them. His UK company is obligated to take IRS deductions out of the employee’s check and pay (every pay period) to the IRS via online transfer that gets set up. That’s why they need the EIN. Oh… and they issue him a W2 at the end of the tax year. Some companies choose to pay a third party to make the payments, W2, and skip the hassle. Or they can call your fiancé an independent contractor and skip their dealings with IRS. His pay can continue to be in pounds, going to a UK bank account, yet he still owes IRS (not HMRC)once he lives in the US according to the US/UK tax treaty.
  9. You don’t have to attend the medical before you schedule the interview. The gray area is some say the fact that he is doing “work” in the US is wrong without EAD or a greencard. Others, even immigration lawyers, say it’s no problem. You won’t find a definitive answer straight from USCIS (that I know of). IF he works remotely, he pays income tax to the IRS and not HMRC. You pay to where you reside. His employer would need to code him to be off UK deductions like income tax and national health. The employer would have to get an IRS Employer Identification Number (EIN) so he could withhold US income tax, Social Security, and Medicare rates and send to the IRS monthly. That’s if he remains an “employee”. Alternately, they could make him a “contractor” and the responsibility for paying lies with your husband making quarterly estimate payments to the IRS. His UK employer still takes him off all HMRC/National Health deductions. They pay him his full amount before taxes and he has to save back some of it to pay IRS quarterly. He is considered a self-employed contractor to the IRS. The IRS does not check immigration status. They just want to be paid taxes.
  10. Have you looked at the Guides section of this website? In the menu, find Guides >Visas >K1 fiancé.
  11. Your lawyer should give you a list of everything he needs.
  12. You’re talking about me and there was no intent to make you feel horrible or that your case was hopeless. 221g are always fixable if you can get what they need turned in. You asked “Was anyone here in a similar situation?”. I replied that it was a new one on me for a London interview and I had seen many years of interview problems. Really sorry that it upset you. Every one was trying to help you figure out what else might be behind the RFE because it was rare for London. There’s always puzzling cases popping up that are not common. I’m glad you finally got your documents uploaded. They have been wanting uploads of anything missing rather than a document in hand. And good for you to continue to push to get it reviewed when it seemed to have been set aside and forgotten. Involving a Congressman is a good way to force them to find the case and it often shakes it loose to be processed. Congratulations.
  13. Okay, let’s rewind. I didn’t check your timeline first. I gave you an answer from the instructions to the I-864 Affidavit of support. It looks like you are planning ahead for your K1 interview in London. That would be the I-134 Affidavit of support. It doesn’t even ask for a household “count”. It asks under Dependents’ Information “The following persons are dependent upon me for support”. That could be filled in with the one child she supports and leave the others off of that section. The decision on a K1 is up to the interviewer to decide if you will not become a public charge. There are no hard fast rules. It’s pretty easy at a London K1 interview. If it is just her and the one child, then she should look at the poverty guideline for a household of 3,—you, her, and one child. That’s $27,450 at 125% of the poverty guidelines. A K1 can get approved on 100% or $21,960. Guidelines https://www.uscis.gov/i-864p However, you need to be aware that once you marry, you will need to file for adjustment of status to get a greencard. That will require the I-864 Affidavit of support which has stricter rules written in immigration law. The household count instructions I posted above are the rules. Also 125% of the poverty line is required. So you may eke by getting a K1 visa with $21960 in support, but to get a greencard you’ll need maybe $44,475 if the 4 kids are all minors. The tax return amount they will look at is the line called Total Income. That’s line 9 on tax form 1040. If she got a raise and makes more money this year, then she can prove it with an employer letter stating her yearly salary. London does not even require a tax return from K1s if you can prove income another way such as employer letter or statement from HR department for example. If she has savings or other assets, she can, she can list that on the I-134.
  14. The instructions say list them if they are under 21. If they are considered to have legally reached adulthood in the place were they live, then no. In most states, that is 18 yrs of age. Item Number 4. Type or print the number of unmarried children you have who are under 21 years of age, even if you do not have legal custody of these children. You may exclude any unmarried children under 21 years of age, if these children have reached majority under the law of their place of domicile and you do not claim them as dependents on your Federal income tax returns.
  15. What kind of availability do you see? People always want to know
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