spiderpig

I have a question about money that is sent to me by my Husband who lives overseas. I am here in the US waiting to file the IR1 and worked just minimal for the tax year of 2009 and wasn't required to file taxes so therefore I didn't and will explain this to the INS once I file the I-864. I am wondering if the money that he sent me in 2009 would be considered as INCOME and if so, even though it was minimal, it would put me over the amount that the IRS states can be made and still not be required to file. I read on PUBLICATION 950 about Gift Tax and I interrupted it as says as follows

Gift Tax

The gift tax applies to transfers by gift of property. You

make a gift if you give property (including money), or the

use of or income from property, without expecting to

receive something of at least equal value in return. If you

sell something at less than its full value or if you make an

interest-free or reduced-interest loan, you may be making

a gift. In 2010, any transfer of money or property in

trust is a taxable gift unless the trust is treated as wholly

owned by the donor or the donor’s spouse.

The general rule is that any gift is a taxable gift.

However, there are many exceptions to this rule.

Generally, the following gifts are not taxable gifts:

· Gifts, excluding gifts of future interests, that are not

more than the annual exclusion for the calendar

year,

· Tuition or medical expenses you pay directly to a

medical or educational institution for someone,

· Gifts to your spouse,

· Gifts to a political organization for its use, and

· Gifts to charities.

Publication 950 (December 2009

Annual exclusion. A separate annual exclusion applies

to each person to whom you make a gift. The gift tax

annual exclusion is subject to cost-of-living increases.

Gift Tax Annual Exclusion

Year(s) Annual Exclusion

1998 – 2001 . . . . . . . . $10,000

2002 – 2005 . . . . . . . . $11,000

2006 – 2008 . . . . . . . . $12,000

2009 . . . . . . . . . . . . . $13,000

For 2009, you generally can give a gift valued at up to

$13,000 each, to any number of people, and none of the

gifts will be taxable.

However, gifts of future interests cannot be excluded

under an annual exclusion provision. A gift of a future

interest is a gift that is limited so that its use, possession,

or enjoyment will begin at some point in the future.

If you are married, both you and your spouse can

separately give gifts valued at up to $13,000 to the same

person in 2009 without making a taxable gift. If one of you

gives more than the $13,000 exclusion to a person in

2009 see gift splitting later

Example 1. In 2009, you give your niece a cash gift

of $8,000. It is your only gift to her this year. The gift is not

a taxable gift because it is not more than the $13,000

annual exclusion.

Example 2. You pay the $15,000 college tuition of

your friend directly to his college. Because the payment

qualifies for the educational exclusion, the gift is not a

taxable gift

What I really need to know.... IS THE MONEY THAT HE SENT TO ME CONSIDERED AS INCOME AND BE DECLARED AS SO. I WILL BE USING THIS TO SHOW EXAMPLES OF "HAVING A BONAFIDE MARRIAGE" and could they say at the interview that this should have been declared and considered as income for the tax year 2009 which would put me over the amount needed to file? BTW, how much POWER does the office that interviews have when it comes to having "say so about how and who and when to file"? Just wondering.....

Does ANYONE out there know how or where a Canadian Police Certificate can be obtained if one is not in that particular country?

I honestly don't understand your confusion. The titles tell you what they are:

-- Removal proceedings - proceedings to remove you from the US

-- Exclusion proceedings - proceedings to exclude you from the US

-- Deportation proceedings - proceedings to have you deported from the US

-- Rescission Proceedings - proceedings to have your status in the US rescinded (i.e. revoked)

-- Judicial proceedings - proceedings in a court room. Given it refers to "immigration proceedings" I would assume this refers to any other court proceeding involving your immigration status

the "from the US" is inferred as this is a US document regarding US immigration, any other countries immigration is irrelevant to US paperwork

Sorry if I caused you not to understand 'my confusion" Maybe I should have made myself a little more clear...what causes a person to be in these proceedings.... ie, Removal and/or Deportation

Don't mean to be ignorant... just asking a question....

I have read a recent post where the member was mentioning Question #16 on I-130 which referred to "Immigration Proceedings"

Removal,Exclusion/Deportation,Rescission or Judicial Proceedings... can anyone give me some examples of these... I have reviewd these on several websites but see nothing definite....

Thanks!

we had to submit a domicile plan after our interview as per their request.. It was in a letter format with a few attachments such as bank statements, mortgage, credit card, proof of enrollment in masters classes etc..

good luck

where are you guys from if you don't mind me asking?

We are from Turkey (or should I say He is)... you know anything about that consulate that would be helpful or just plain info? Anything would be helpful and COngrats!

Hi everyone,

Just want to thank you for this great website & thank everyone for their useful threads & posts that helped us throughout our DCF filing process.. I'd like to share our experience with those who file in Abu Dhabi (UAE) and would be happy to answer any questions you might have.

The process is a bit different over here, here's our summary:

Petitioner: My Wife (Lebanese/American)

Beneficiary: Myself (Lebanese)

Marriage since: March 25 2009

We both live & work in Dubai, UAE

- Mar 06 2010: We sent an email to the US Embassy in Abu Dhabi to schedule an appointment to submit our application & attend the interview.

- Mar 08 2010: US Embassy responded confirming the appointment on March 23 2010.

- Mar 23 2010: We went to the US Embassy and submitted all docs as per their website http://abudhabi.usembassy.gov/media/file-i-130_for_a_spouse.pdf

during our interview the officer asked us when are we planning to move to the US, we mentioned December 2010 so she mentioned that she couldn't issue a Visa at that time due to CR-1 validity of 6 months only, and asked us to submit a Domicile Plan and mention the planned travel date.

- Mar 31 2010: We submitted our domicile plan (sent by DHL).

- Apr 5 2010: US Embassy responded confirming receipt and that our case is under review and they will contact us when required.

- Aug 18 2010: US Embassy called and asked me to submit my passport on Aug 22 2010 to stamp the Visa.

- Aug 22 2010: I submitted my passport and they asked me to collect it on Aug 26 2010.

- Aug 26 2010: I collected my passport with CR-1 Visa valid 6 months from date of issue.

If you have a strong case & have all the documents ready and sorted out as per the requirements, I believe the whole case can be closed within 1-2 months from A-Z! But of course our case took longer since our planned date of travel was beyond the 6 month Visa validity.

Hope this helps those of you who plan to do DCF in Abu Dhabi, United Arab Emirates.

Regards,

Haissam

So now what happens with the embassy issuing your Visa... was it approved already... can you explain what will take place since you won't be traveling to the USA until December 2010...

Spiderpig

Yes I already did.... the last post stated just that... as I e-mailed the embassy and they replied and is on blue text.

Thanks!

Well I got my answer straight from the US Consulate in Ankara regarding the question that started this Topic and is as follows:

Dear Ms.

Since you, as the US citizen petitioner, are filing the I-130 petition through our office, you are required to be present at the time of your spouse's interview.

Sincerely,

Immigrant Visa Unit

I just wanted to share this with anyone else on here that may have had the same concern.

My prayers were answered.... Yeah! Glad that you took our advice Loto!

Loto,

Do not give in... everyone makes mistakes and I believe that it wasn't an "Mistake" per say but rather miscommunication.... We all feel frustrated and others more so... The US government is not easy to deal with to say the least and we all need each other here on this site for one thing or another! I read the posts daily and would be lost w/o this site. Sometimes we just need to sit back and rethink what we are about to do and I hope that you do just this... Please don't leave... you are needed here and if you don't believe this. then go back and read ALL of the posts that been made that state just that!

Again, I really hope that you reconsider and are on this site for a LONG time to come!

An I-212 is permission to reapply after deportation or removal. It is only filed if someone is deported or given an expedited removal at some port of entry. Basically, if you've been deported you're ineligible for any visa for a certain amount of time. The time depends on the circumstances surrounding the removal: expedited removal, 1st deporation, or subsequent deporations. The basis of approval for an I-212 is having a "heavier" balance of positive factors. These factors could be: family ties, likelihood of becoming a public charge, amount of time since immigration violation, circumstances surrounding the violation, good moral character and respect for law, intent to hold family responsibilities, absence of a criminal record. Although extreme hardship is not a requirement it is another positive factor.

For our case, the lone negative factor was my husband's fraudulent entry into the US. Our lawyer argued that this single factor shouldn't be given much weight because of the reasoning behind his entry(he feared for his life in algeria and wanted to apply for asylum).

The number you quoted [212a6c) is for fraud or misrepresentation. As I mentioned before, it is but one of MANY MANY inadmissibilities. Others have to do with certain crimes, unlawful presence, and vaccination refusal among others. All of these inadmissibilities(other than deporation) are waived with the I-601 waiver of inadmissibility. This is the waiver which requires a qualifying relative to demonstrate extreme hardship.

Most people are filing lone 601's for Entry Without Inpsection/Unlawful Presence while some file 212 also if they were deporated. The vast majority of waivers are filed through Mexico and the majority of them leave the US willingly to pursuse waiver processing. Very few people file lone 212's which are often the result of refused entry and expedited removal at a POE.

I hope this clears things up. Ask away if you have any more questions. It's hard to type now as I have a 3 week old sleeping on my lap

One more thing before I forget. We filed 601 waiver for fraudulent entry and unlawful presence and 212 for deportation.

Thank you so much for your help...I am going to send a PM to you as I have some more questions.

IV waiver is an immigrant visa waiver that is usually filed in family based petitions with inadmissibilities

NIV waiver is a non immigrant visa waiver filed in conjunction with a B1/B2 when a person is inadmissible. It can be for other non-immigrant situations as well.

Also wanted to add that the list you are talking about is in reference to specific sections of the immigration and nationality act and is different from the I-212 waiver. They just happen to have the same number(212). The I-212 is permission to reapply after deportation or removal whereas the codes you're asking about describe inadmissibilities

212a9b - unlawful presence

212a6c- misrep/fraud

and a bunch of others....

I guess I am confused.... aren't they basically one in the same.... can you explain further... am ignorant at times I guess.... I thought that if one has received one of these numbers ie 212(6) C for example then you need to file a 212 waiver... can you tell me the difference PLEASE and thank you in advance!

is this what you are looking for

http://www.state.gov/documents/organization/86933.pdf

Oh My goodness.. YES and thank you a million and good luck in your journey!

is this what you are looking for

http://www.state.gov/documents/organization/86933.pdf

BTW what does IV Waiver and NIV Waiver mean?

Good Morning,

Can ANYONE PLEASE help me? I am looking for the list or TABLE that the US Government- INS has that shows all of the reasons that a beneficiary would need to file... this may not make sense so I will try to explain.. I found this once on the internet and can't for the life of me again. It is like a table and has all I-212s that have parentheses and then have either numbers and or letters that follow the "I-212" The list has all of the 212's and what they mean and what the ban (if any) is and the waiver that is needed. HELP I am going bonkers....

Thank you in advance!

Good Luck on your waiver....

If you dont mind, what is it in particular that your fiance needs the waiver for? Please keep us posted of the outcome and the particulars of the waiver (how it was written ect)

Sad to hear your case. I think all parents should stay with family.

But law is law and you should have abided by it. Getting a lawyer in 2000 would have made it so much easier. Consult a good lawyer

What if the beneficiary departed the US on his own before a notice to appear or an order for deported in absentia was issued?

12:42 PM: Police say one terrorist holed up inside Nariman House has been killed. Six more terrorists are suspected to be hiding inside the building.

Any News on the number of American casualties or if they have been taken hostage?

I live abroad and these types of things make me VERY nervous GOD BLESS

Are you legally resident in Turkey or just visiting? If legally resident, have you been there six months or more? If so, check out the DCF (direct consular filing) guide and forum here. Despite the past problems, you'll start the process as normal and nothing will be different until you get to the interview date. If they then have a problem and deny the visa, you would then start the waiver process. Good luck!

I am! and by then we will have been married for 2 years and that should stand for something.... What would be a reason that they may deny the visa???? He was NEVER in the US illegal and doesnt have a criminal history.... all of this was my mistake and what a mistake it was! Thank you

With no criminal history, no use of illegal drugs, no dangerous diseases or history of mental instability, and with proper financial support, your only concern about the visa being denied will be the previous interview when you got upset and withdrew the application. They may question that and they may still be unsatisfied that the relationship is bondafide. However, time is definitely on your side - the fact that you've been living together and have been married for almost two years now will count for something, especially if you show evidence - such as joint accounts, joint lease/mortgage, etc.

So your next step is to check out the direct consular filing process (DCF) and get a new I-130 petition submitted. You will do everything as if it were the first time. Good luck!

Thanks... the words of support are greatly welcomed... You will never know just how much!

Do you or anyone know of a phone number that I could call to speak with someone that would be familiar with our case. I called the USCIS last night the 1-800-375-5283# and didnt get very far... they were nice but its just a call center and they werent able to provide me with any helpful numbers.

Thanks in advance....

Are you legally resident in Turkey or just visiting? If legally resident, have you been there six months or more? If so, check out the DCF (direct consular filing) guide and forum here. Despite the past problems, you'll start the process as normal and nothing will be different until you get to the interview date. If they then have a problem and deny the visa, you would then start the waiver process. Good luck!

I am! and by then we will have been married for 2 years and that should stand for something.... What would be a reason that they may deny the visa???? He was NEVER in the US illegal and doesnt have a criminal history.... all of this was my mistake and what a mistake it was! Thank you

Sorry to hear what happened though...

You don't have a timeline, therefore it is difficult to give accurate advise. Were you guys adjusting from a tourist visa or did your SO entered on a K1. Why did you lose it at the interview and withdrew the application? What country is your SO from? (some countries are more prone to immigration fraud than others)

Not to sound harsh but you should've researched a little bit before the interview to be more prepared. It was your responsability to prove that the marriage is bona-fide, immigration officers are entitled to question anything they want.

I suggest you find yourself a good immigration attorney experienced in similar cases.

All the best of luck in your journey!

She says that they filed an I-130 and I-485 so it looks like her husband adjusted while in the US.

To the OP: if you need to file a waiver you will be told at the consular interview.

Thanks for ur reply... yes we were in the US and AOS was what we did.

What waiver would it be and can u explain to me the I-601 and the I-212... I have read but need it explained in laymans terms:)

What country was your foreign spouse from? What state did you hold your interview in? What country are you in now?

He is from Turkey (West Turkey... NOT south East Turkey) Interview in Portland, Oregon and we are back in Turkey:(

Sorry to hear what happened though...

You don't have a timeline, therefore it is difficult to give accurate advise. Were you guys adjusting from a tourist visa or did your SO entered on a K1. Why did you lose it at the interview and withdrew the application? What country is your SO from? (some countries are more prone to immigration fraud than others)

Not to sound harsh but you should've researched a little bit before the interview to be more prepared. It was your responsability to prove that the marriage is bona-fide, immigration officers are entitled to question anything they want.

I suggest you find yourself a good immigration attorney experienced in similar cases.

All the best of luck in your journey!

She says that they filed an I-130 and I-485 so it looks like her husband adjusted while in the US.

To the OP: if you need to file a waiver you will be told at the consular interview.

Thanks for ur reply... yes we were in the US and AOS was what we did.

What waiver would it be and can u explain to me the I-601 and the I-212... I have read but need it explained in laymans terms:)

Sorry to hear what happened though...

You don't have a timeline, therefore it is difficult to give accurate advise. Were you guys adjusting from a tourist visa or did your SO entered on a K1. Why did you lose it at the interview and withdrew the application? What country is your SO from? (some countries are more prone to immigration fraud than others)

Not to sound harsh but you should've researched a little bit before the interview to be more prepared. It was your responsability to prove that the marriage is bona-fide, immigration officers are entitled to question anything they want.

I suggest you find yourself a good immigration attorney experienced in similar cases.

All the best of luck in your journey!

I have not had a chance to set up a timeline yet....

In reference to your statement about researching, we did! and had alot of evidence to prove the marriage was bona-fide BUT like I said they were so rude and I lost it.... and I know that they can ask anything they want... its HOW they asked it. It was a STUPID mistake on my part and now I am just looking for some GOOD advice as an Attorney is not an option right now.

Sorry to hear what happened though...

You don't have a timeline, therefore it is difficult to give accurate advise. Were you guys adjusting from a tourist visa or did your SO entered on a K1. Why did you lose it at the interview and withdrew the application? What country is your SO from? (some countries are more prone to immigration fraud than others)

Not to sound harsh but you should've researched a little bit before the interview to be more prepared. It was your responsability to prove that the marriage is bona-fide, immigration officers are entitled to question anything they want.

I suggest you find yourself a good immigration attorney experienced in similar cases.

All the best of luck in your journey!

Sorry to hear what happened though...

You don't have a timeline, therefore it is difficult to give accurate advise. Were you guys adjusting from a tourist visa or did your SO entered on a K1. Why did you lose it at the interview and withdrew the application? What country is your SO from? (some countries are more prone to immigration fraud than others)

Not to sound harsh but you should've researched a little bit before the interview to be more prepared. It was your responsability to prove that the marriage is bona-fide, immigration officers are entitled to question anything they want.

I suggest you find yourself a good immigration attorney experienced in similar cases.

All the best of luck in your journey!

She says that they filed an I-130 and I-485 so it looks like her husband adjusted while in the US.

To the OP: if you need to file a waiver you will be told at the consular interview.

Sorry to hear what happened though...

You don't have a timeline, therefore it is difficult to give accurate advise. Were you guys adjusting from a tourist visa or did your SO entered on a K1. Why did you lose it at the interview and withdrew the application? What country is your SO from? (some countries are more prone to immigration fraud than others)

Not to sound harsh but you should've researched a little bit before the interview to be more prepared. It was your responsability to prove that the marriage is bona-fide, immigration officers are entitled to question anything they want.

I suggest you find yourself a good immigration attorney experienced in similar cases.

All the best of luck in your journey!

I have a situation that I need an answer to as it has got me Almost drove crazy.I am a USC and married to a foreign national and we filed I-130 and then I-485 at the beginning of this year and all went well with that process. To make a long story short, we had the interview 5 months later which was a nightmare. The officers were rude and all but accused us of not having a bona-fide marriage. I became very discouraged and quite upset during the interview as they were very intimidating and sorry to say I requested that the application be withdrawn as my pride got in the way. I am sorry now that I did that after much hard work and hard earned money gone and wished that I could have that day back again as I would not have given up under the pressure. We went back to my husband`s country and we want to re-apply for his Visa. Our marriage is as bona-fide as they get and will be together "till death do us part". My husband and I are trying to get things together to restart the Visa process. At the time of our interview we had just moved (1 month prior) and submitted the change of address form BUT I am expecting since I withdrew the petition, they did not even process the new address in the system. So, we did not receive the notice of denial at our new address BUT did receive a notification thru the USCIS website that the I- 485 was denied as we knew was gonna occur. I called the 1-800 number as per the instructions on the email that states that if you have not received this notice within 30 days of the August 14, 2008, please call customer service at 1-800-375-5283 for further assistance. I did just that and they mailed a copy to the new address and my sister then sent me a copy of the denial notice that states (as we knew already) the reason for the denial was that I withdrew the application and that a hearing would be available and we could re-apply or if my husband was willing to depart the US at his own expense, then please contact that office with the details of the planned departure date. The problem is that we left the US before we received this notice and so my question is are we going to face any hurdles or do we have to file an I-212 even though he was here legally the entire time and then left shortly after the application was withdrawn as not to be out of status. I have read several websites on the I-212 and I am not so sure at this point of what is correct. I read on one site that I-212 Waivers are Hardship waivers for legal entry into the United States following deportation or removal proceedings, or following a voluntary departure from an unlawful presence in the United States. Since my husband was not unlawfully present.... this would not apply correct? He was Legal the entire time that he was in the USA and when I withdrew the application, we left quickly in order to prevent him being out of status. I just want to be able to put my weary mind at ease and proceed ONCE AGAIN, this time to the end and I need some advice from someone who knows. Many Thanks in advance