elya
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Posts posted by elya
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From my training at IRS I believe this has nothing to do with your husband's resident status for tax purposes. It means here that if you as a USC lived in Russia (=foreign country) and received salary there from a Russian company, you'd have to pay taxes in the U.S. even if you have already paid taxes on it in Russia as well ("tax treaty benefit" is essentially elimination of double taxation; it does not currently work for Americans employed abroad in many countries and receiving salaries locally). As far as I understand, yours is not this case. If your non-USC husband had no income in the U.S. last year, there's nothing for him to pay taxes on, and thus it does not preclude him from declaring his income as zero on a joint/married tax return.
Now, you can of course file as married but separately. Just the fact of getting married (doesn't matter to whom) gives you the right of filing as married, no matter whether jointly or separately. The choice is really yours - usually spouses prefer to do it jointly because the tax refund gets higher compared to separate filing. But in order to do that you need to calculate your returns on both scenarios and pick the best one.
If you file as married filing separately, your husband will need to file form 1040NR-EZ even if he had zero taxable income. The form is very easy, so I'm sure you guys won't have any problems doing two forms if you choose to.
Sofya, this helps a lot. Are you sure he needs to file the 1040NR-EZ if we file seperately. I cannot find anything on the IRS web site that indicates he would have to file anything at all. He has no U.S. income and is not affiliated with any U.S. business for 2011.
I guess we will have to run through both scenarios and see how we come out ahead. But it's very challenging to get through even just one!!
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we are trying to file jointly; that's the whole point. But according to this information from the IRS
http://www.irs.gov/businesses/small/international/article/0,,id=96734,00.html
he is not a resident for tax purposes by default, we need to "declare" this. A guy at Jackson Hewitt was sort of freaked out by the whole sitation as well... still hunting for someone who can actually process this with us. I'm almost tempted to try to just do our taxes myself.
Now that I am reading this again "Generally, neither you nor your spouse can claim tax treaty benefits as a resident of a foreign country for a tax year for which the choice is in effect and you are both taxed on worldwide income. However, the exception to the saving clause of a particular tax treaty might allow a resident alien to claim a tax treaty benefit on certain specified income."
Does it mean we CANNOT use the foreign earned income tax exclusion for him if we file jointly like this?
Maybe we do need to file seperately... but then he doesn't really need to file at all, does he? Can I file married filing seperately if he doesn't file?
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Thanks CaryH that was exactly what I needed to know!!
He is not planning to apply unless we get the notification that he's approved.
But if he does get approved, there doesn't seem to be any reason why he could not truthfully answer "yes" on the job application before he has the physical card in hand - if the system shows he's authorized from that date then it will be in any database. He does already have an SSN. And the application and selection process will take a while to go through anyway knowing this particular employer...
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My husband has been trying to find a good new job/career and just recently we came across a posting for a trainee program that is a perfect fit for his skills. They are hiring a pool of trainees and it is a once-annual opportunity.
Sadly he doesn't have his EAD yet (just completed biometrics) and the posting closes soon. On the off chance that he gets processed quickly - what is the day work authorization actually starts? Is it the same as the day that card production is ordered? Or whenever the card actually gets printed?
The application asks if he is authorized to work in the U.S. so as long as we can submit it saying "yes" we wouldn't actually have to show anyone the card until much later in the process, plenty of time for it to arrive in the mail once card production is ordered.
Thanks for your responses.
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So taxes will be a bit complicated this year.... for 2011 tax purposes my husband is a non-resident alien; in order for us to file jointly I see that we need to both submit a signed declaration saying we elect for him to be treated as a resident for tax purposes.
Can we still e-file while doing this or do we need to do paper file?
Does anyone have any recommendations as to a tax software or service provider that doesn't cost an arm and a leg and actually supports this situation? Turbotax cuts me off when I try to say that he is a non-resident and recommends I talk to a tax professional...
On that note, does anyone happen to know if interest income can also be exempted as foreign-earned income? I readily admit I have not yet dug deep into the IRS web site to find the answer, but if anyone happens to already know, I'd appreciate you sharing :-)
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At what stage were you put into AP (USCIS, NVC, or Embassy level)?
embassy
What type of visa did you apply for?
K1
What was the date of your interview?
Jan 11 2010
Did they keep your passport after the interview?
Yes
What color was the handout that indicated you were being put into AP?
No handout
Were you asked to submit additional documents for AP?
No
Were you able to check your AP status online?
No
What country is the beneficiary from?
Russia
Is the beneficiary male or female?
Male
How old was the beneficiary at the time?
33
What is the beneficiary's religious background?
None/Orthodox
What is the beneficiary's nationality?
Russian
What is the beneficiary's highest education level?
Bachelor's equivalent
What is the beneficiary's profession?
automotive
Does the beneficiary have a common name?
not really
Does the beneficiary travel frequently?
not really
Has the beneficiary ever lived in or travelled to the Middle East/North African region?
one vacation in egypt
How long were you in AP for (in days or months)?
7 months
What is the date that your AP was completed?
Sep 7 2010
Was your visa approved or denied?
denied
Other Comments:
They started AP after taking BACK his visa they already issued and gave to him. after round 2 he got approved and is finally here now.
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Kirkland Signature (Costco brand) is the way to go!! Combination of smoothness and economy - even if you disregard the rumor that it is actually Grey Goose repackaged it's a great vodka and a great value.
Of course during the college days we all went with SKYY.. glad those days are over. I also concur that Smirnoff is awful :-)
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I don't remember this story but maybe I was not paying attention. Not sure what good your posting is for others. What's the lesson? Don't file for a K-1 visa at the same time as your ex wife (husband)? Well, DUH!
Or is the lesson our agents are looking for dubious and "red flag" filings and doing their job?
I always wonder about "out of the blue" postings.
Whatever...
I feel pretty confident that there is enough Internet left for you to fill the RUB forum with other topics containing valuable lessons...
I just decided to fill in the final details for those who did follow my story. Thanks to all those who offered their congratulations :-) We are happy to have our lives together at last and this 2.5 year saga has certainly left us with a journey we will never forget!
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The good news is now he's here and my husband :-) Bizarro delays and all.
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Well, some of you may remember this story from what feels like forever ago. I have debated back and forth whether or not to post this but for the benefit of anyone else reading my prior topics and posts I figure it’s worth stating what ACTUALLY happened.
Brief review: In early Feb 2009, about 2-3 weeks after my fiancé received his K-1 visa in the mail, the embassy called to get it back for a “correction”. This was followed by a hellish 7 months of administrative review and investigation and finally a recommendation to revoke being sent back to USCIS. Followed by more panicked research and then a re-filing of a new I-129F with of course the requisite extra 6 months of background checks since we’re now super-flagged.
Now we never got any NOID or expiration notice from USCIS on the old I-129F – they state they never received it. However, at the new interview (October 2011) we did find out what happened.
Spoiler alert: It was NOT the address we forgot to list on the G-325A. It was NOT the fact that I accidentally implied my ex-husband had not been a foreigner sponsored by me also and that I omitted him from the financial packet. Yep, believe it or not that didn’t bother them in the least.
The story of the interview: We arrived about 7:45 for his 8 a.m. appointment and got in line. They didn’t let me in, so I headed across the road to wait in the coffee shop. After 2 hours sipping 3 500-ruble lattes, I figure he must be done soon and proceed to head back to stand outside the door and wait for him with the umbrella (since it’s raining a little).
I wait and wait and wait – start to get concerned. The crowd thins out. People come out, some happy, some sad. 4 hours after his appointment time I ask the security officers to let me in again. Explain why I’m waiting and how long. They are surprised, but can’t let me in. 6 hours later same story. EIGHT hours later they are going home – I ask the woman when the embassy closes? She says it won’t close until the last interviewee is done. Says she can’t believe I am still waiting, that she feels sorry for me – looks like she’s about to go back in and look for him when finally, finally, he comes through the door exhausted beyond belief, but smiling. We got it.
His experience: He went it, waited about 90 minutes for his turn. Interviewer takes his papers, looks through, says everything seems to be here but your case is special, you need to wait to talk to the investigator. Sit there. Points to the window. My fiancé can see the investigator has a huge stack of file folders sitting in front of him, two of them are red – one average-size, one three times the size. My fiancé, sitting there 8 hours without food or cigarettes (this for a guy with a pack-a-day habit!), watches the investigator progress through his stack. He gets to the huge red one in the middle, opens it, glances at it, sets it aside. Waits until the very end of the day when all other files are gone to go back to it – yes, that’s our file. My fiancé goes up to him and sees the word “WARNING” printed across the front page in big letters…
Starts grilling him about various details. Asks why his visa was cancelled. My fiancé says I would like to know that also! Investigator starts asking questions about his ex-wife. More grilling, more details about his and her relationship, timeline of divorce and our relationship, more questions about me – he asks where I am, seems confused about the fact that I was living together with him in Moscow for a year up to the time of his first interview – did you tell the previous interviewer that? YES!!! Hmm… they should have noted this.
Finally says – well you know it was very suspicious, you and your ex-wife filing for fiancé visas AT THE SAME TIME.
Anyway… over an hour of grilling later we’re approved. Interviewer wonders aloud why they didn’t call him in for another interview before sending the file back to USCIS… YEAH ME TOO!!!
Anyway, hope that answers questions for anyone wanting to be sure they avoid what we went through. There is nothing you can do, but the likelihood of that happening again is pretty much zero!
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he arrived Friday night and I went back to work Monday but I did take an extra day off when we got married.
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Hey you two need to call and see if you got an interview date scheduled yet. I got mine today. I do not understand what is happening on Evelyn's.
You got your interview date finally?? Congrats!! So glad to hear that!
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Alla chooses colors, I paint.
I waited with painting for 2 years so we could chose them "together" -- but choosing took him longer than painting!!
My dad does all the "men work", cooks, does the ironing (he thinks that men do the ironing better than women... my husband does not agree with him
) and helps my mom to clean.How often do you guys change lightbulbs? Gosh, is that really a "chore" around your houses?
My fiance irons much better than me, also. Sadly we both passionately hate ironing.... I think we iron things less often than change lightbulbs :-)
Good to hear I am not the only one in this forum who married a RUB man.
We are kind of rare in this forum!
overall in comparison to my friends reports married to American men it seems I have a much more equal distribution of labor here in our home than they do in theirs.
My (Russian) ex-husband did nothing except grill meat (not even the "man" work). But among my RUB friends, there are those who do very little and those who do help a lot. So I guess I take back my earlier statement... just depends on the guy. Although those who do help out a lot typically don't like to talk about what they do around the house in my experience ;-)
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What about RUB man folk?
My fiance (husband after next Friday!) does the dishes 75% of the time, vacuuming and dusting is about 50-50. He does all the "man" work - taking out the trash, changing light bulbs, fixing stuff that's broke, cleaning the cars, shoveling the driveway.
I cook, do laundry, clean the bathrooms and mop. If I ask him for help with anything he always jumps in - he helps with the cooking when we're having a big party and lots of friends over for example. He is much better at peeling potatoes than I am :-)
Since he got here permanently 3 weeks ago and is not working yet he's also already painted half the house and is working on fixing up an old car. I don't think he could be lazy if he tried!
I do have to agree that most RUB men are not like that :-) I think I lucked out! Although one of my girlfriend's ex-husband (Russian) did 100% of the vacuuming and ironed her work clothes for her every morning.
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If you are on a student visa I would try for DCF. You have to "legally reside" in Russia. Not be a permanent resident. Worth a shot, worst thing they can say is no.
http://moscow.usembassy.gov/ivisas.html
scroll to paragraph where it says "The Moscow Field Office of U.S. Citizenship and Immigration Services accepts immigrant visa petitions filed only by American citizens resident in Russia on behalf of their relatives any working day between 1:00 p.m. and 4:00 p.m."
If they say no and you are a glutton for paperwork punishment you could try to get your Russian V.N.ZH. after the marriage, processing time is typically 6 months once you have the documents together (which isn't easy) so you could be ready to file DCF by August. The last person on here that did DCF in Moscow I believe got her I-130 approved the same day.
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congratulations!!!! such great news!!!
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With the new system, you have a lot more control over your interview date. It will take 1-4 weeks for the file to get from the NVC to the embassy (unless some unusual delay occurs, like administrative processing as mentioned above).
Once the embassy gets the file, they will send you (the petitioner) an e-mail with the request to forward the interview information to your fiancee and have her sign up for an interview. You can already access the interview information with the entire list of documents online:
http://moscow.usembassy.gov/root/pdfs/iv-packet4-eng.pdf
The process to sign up for an interview is for the beneficiary to go to VTB24 bank (in person, as stated above) with your international passport and pay the fee. Then, using the receipt number, your fiancee can create an account online at www.ustraveldocs.com/ru, complete her profile, and sign up for an available interview date and time.
A few tips:
1) Make sure you're getting your documents together NOW. The police certificate typically takes longest (1 month). And schedule the medical.
2) You don't have to wait for the e-mail from the embassy to schedule the interview date. You can go to the bank and pay the fee now, wait the 2 business days for the receipt number to get in the system, and then sign up for the next available convenient date at which you are confident you will have all the required documents ready (allowing enough time, realistically, for the embassy to receive your case). If something goes wrong and you are missing a document and/or you don't get the e-mail from the embassy, there is an option to reschedule your interview date online.
Good luck!
ETA: Just a heads up that they tell you you'll get your passport back 4-5 business days after your interview (if approved) but there have been a couple cases where it's taken 2-3 weeks instead.
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wouldn't it be great if, when doing the timeline search, you could do a search for all interviews at your embassy (in a given timeframe) where the interview ended in administrative review? makes it a lot easier to track how the wide range of times it can take... and what the results typically are.
If this is already possible someone please enlighten me :-) Thanks!
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I had a similar situation. It took 9.5 months total before they finally approved us - even with the intervention of my congressman and USCIS ombudsman. I can't give much advice, but I can commiserate! I hope you will get it faster!
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Yura&Ira, we had the interview in Moscow the day after you and are also still waiting...
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Both the automatic voice response system on the call center and the ustraveldocs web site state that you can track the status of your passport online after the interview:
http://www.ustraveldocs.com/ru/ru-niv-passportretrieve.asp
Passport Tracking Options
For your convenience, you have several options to choose from to track the location of your passport.
Online: You can track your passport online here.
Chat and Telephone: You can track your passport with the assistance of our call center via chat or telephone. The call center's contact information and a full description of our call center services, including hours of operation, can be found here.
The link takes you to the login page. Has anyone been able to actually find the option to track your passport after you log in? Or is this just one of the many things ustraveldocs is supposed to do but does not actually do?
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two steps to go :-) actually getting his visa and not having them take it back again before POE! So far it looks like Seattle will be POE. We're buying tickets tonight.
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weird we were able to enter his home address for delivery. there were options to choose an office for pick-up, but also a home delivery option that was functioning at the time. but it was for K-1. i guess we will start calling the pony express office to check if his passport doesn't show up on schedule!
i agree the page looks very shabby... glad you got it figured out though! Good luck with the interview!
Taxes - non-resident spouse electing to be treated as non-resident
in Moving to the US and Your New Life In America
Posted
Thanks!!! The main reason I'm even considering the filing seperately is that he has interest income in addition to the earned income from his job. It seems like we can exclude the earned income from his job but not the interest income. That 30% flat tax takes a nice chunk out of the interest he earned :-(
I also think that filing seperately I can include him as an exemption, so we get close... so far it's looking like it will come down to how much exactly his earned interest was, which he is still trying to get a statement on.