Arriving in America

[Elle 0]

I just remembered something...

People who enter on an Immigrant Visa MUST file a US income tax return as a resident for the entire year that they entered.. ie, we came over in November and the DAH was a US tax resident for the entirety of that year.

If you enter as a K-3, you will not have the same issue.

This is only if you worked in the US for that year right? This doesnt count your earnings back in your home country? Sorry I know that might sound a bit daft but I'm just making sure

LOVE this thread!

[meauxna 15]

I just remembered something...

People who enter on an Immigrant Visa MUST file a US income tax return as a resident for the entire year that they entered.. ie, we came over in November and the DAH was a US tax resident for the entirety of that year.

If you enter as a K-3, you will not have the same issue.

This is only if you worked in the US for that year right? This doesnt count your earnings back in your home country? Sorry I know that might sound a bit daft but I'm just making sure

LOVE this thread!

No, not at all, that's why I bring it up.

If you paid taxes on it at home, you may be covered under a tax treaty BUT. You must report the income to the US, and then subtract the tax burden. It is a PITA.

IRS.gov is very helpful (unlike a certain other federal agency website).

[dkalXuan 0]

Great details.

SFO was easy for my wife

no problems and very fast.

And United Airlines was very helpful too.

[sadie33138 0]

I just remembered something...

People who enter on an Immigrant Visa MUST file a US income tax return as a resident for the entire year that they entered.. ie, we came over in November and the DAH was a US tax resident for the entirety of that year.

If you enter as a K-3, you will not have the same issue.

This is only if you worked in the US for that year right? This doesnt count your earnings back in your home country? Sorry I know that might sound a bit daft but I'm just making sure

LOVE this thread!

No, not at all, that's why I bring it up.

If you paid taxes on it at home, you may be covered under a tax treaty BUT. You must report the income to the US, and then subtract the tax burden. It is a PITA.

IRS.gov is very helpful (unlike a certain other federal agency website).

FROM THE IRS WEBSITE:

Topic 851 - Resident and Non–Resident Aliens

Since resident and nonresident aliens are taxed differently, it is important for you to determine your status. You are considered a nonresident alien for any period that you are neither a United States citizen nor a United States resident alien.

You are considered a resident alien if you met one of two tests for the calendar year.

The first test is the "green card test." If at any time during the calendar year you were a lawful permanent resident of the United States according to the immigration laws, and this status has not been rescinded or administratively or judicially determined to have been abandoned, you are considered to have met the green card test.

The second test is the "substantial presence test." To meet this test, you must have been physically present in the United States on at least 31 days during the current year, and 183 days during the 3 year period that includes the current year and the 2 years immediately before. To satisfy the 183 days requirement, count all of the days you were present in the current year, and one–third of the days you were present in the first year before the current year, and one–sixth of the days you were present in the second year before the current year. Do not count any day you were present in the United States as an "exempt individual" or commute from Canada or Mexico to work in the United States on more than 75% of the workdays during your working period. An exempt individual may be anyone in the following categories:

A foreign government–related individual,

A teacher or trainee with a J or Q visa who substantially complies with the requirements of the visa,

A student with an F, J, M, or Q visa who substantially complies with the requirements of the visa; or

A professional athlete temporarily present to compete in a charitable sports event.

Also, do not count any days you intended to leave, but could not leave the United States because of a medical condition that developed while you were in the United States. Even if you meet the substantial presence test, you can be treated as a nonresident alien if you are present in the United States for fewer than 183 days during the current calendar year, you maintain a tax home in a foreign country during the year, and you have a closer connection to that country than to the United States. This does not apply if you have applied for status as a lawful permanent resident of the United States, or you have an application pending for adjustment of status. Sometimes, a tax treaty between the United States and another country will provide special rules for determining residency for purposes of the treaty. An alien whose status changes during the year from resident to nonresident, or vice versa, generally has a dual status for that year, and is taxed on the income for the two periods under the provisions of the law that apply to each period. Topic 852 provides more information on the dual status tax year.

[Lansbury 19]

We had an accountant do our tax return for this year because of the complications of having arrived and my income having to be declared.

Anyway by the time the foreign income exemption had been taken into the equation we didn't owe anything.

One thing it did teach me was the system is complicated enough that unless you really understand it the hassle of doing the returns to save an accountants fee just isn't worth it.

[meauxna 15]

bump time!

[MaydayDas 1]

bump again

[MaydayDas 1]

My POE Cincinnati experience

After a pleasant 9.30 hours flight Frankfurt-Cincinnati with Delta Airlines and 2 seats + window only for me I arrived in to the small airport Cincinnati.

I had my MBE in to my hands but I was directed to the Non US citizen line, and "forced" by a lady (she was in charge to see if everybody has the I-94 and Custom declaration forms) to take an I-94 even if I explained her that I do not need one.

Once I got to the Officer he said with a smile on his face "aaaaaah, you're coming to live here" and he put my I-94 in the garbage . He took my passport, custom declaration form and the MBE and he asked me to go and collect my baggage and come back. I went and waited for my bags, after 5 minutes I was back. Meanwhile my papers were processed in the Immigration Office and an Officer called me inside he put me to sign 2 times and he put my fingerprint next to my signatures. He asked me to go and wait outside, in 2 minutes he came and called me aside to talk to me: he explained me about what power my passport has for a year (it is replacing the GC), about removing the conditions 90 days before the second anniversary of my stamp on my passport, he gave me advices about what to do if my GC doesn't arrive in 6 months, about getting a job right away I get my SSN...well, he was very nice and at the end he said "Welcome to United States!"

I went to the Customs, they scanned my bags, I gave back my bags to Delta (they were waiting after the Custom area) and next to my connection flight.

The whole process was very fast, everybody was impressive nice!

And not to forget, if you have the visa on the maiden name and the plane ticket on the married name, do not forget to have with you the marriage certificate

[girlafraid7 0]

DUBLIN POE

My husband went from Spain to Dublin to LAX...he went through US immigration in Dublin. I know its crazy but its true! For some reason Dublin has their own deal there and he did not speak to one person about immigration in Los Angeles.

All fast and easy!

[Elle 0]

I'm finalllly here...yAy heehee...

I had a LAX POE for a IR1 Visa flying in from Sydney, Oz.

It was quite painless! I was worried that I had to get my four luggages (weighing 120kg/264lbs all together!) prior to clearing immigration but in fact, you clear immigration then collect your luggages (where there are plenty of free trolleys) and then you clear customs and either exit or put your bags in a conveyor belt for your connecting flight.

So I had filled out an I-194 and the customs form. I didnt realize I didnt need to fill out the I-94 as Mo mentioned. There was a lady directing where ppl had to go. I showed her the mysterious brown envelope and she asked me to line up at the Visitors line. When I was finally called the officer asked "How long have you been married?" so I answered since 2002 and he said okay and then directed me to the secondary office -- he said go to the back of the room where those chairs are and another officer will finishing processing this for you. So I toddled off to the back... and luckily there was no one else there so I kinda just stood up a bit to make sure the other officer saw me and then I sat down. A couple of mins later he came out of the office and his first q was "Do you speak English?" -- I was kinda like HUH ... but politely said yes, I do. He looked at the brown envelope and noticed it was an IR1 and he asked "How long have you been married?" Again, I answered since 2002. So then hes like okay wait out here I will process the rest.

He came out a few mins later and took the fingerprint of my right index finger twice and asked me for my autograph (again, twice - which I both kinda botched cuz I was tired and my hands were a bit shaky as he put this lil square thing on the paper and thats where you have to sign so yeah my sig was kinda botched - so be careful w/ that!) So his final questions were, "Where is your husband?" and then he asked "Is this still your address?" and I said yup and then he explained briefly about when I should expect the greencard and that was it! Easy as pie. But...I didnt get a "Welcome to USA"

So after that I collected my luggages, one of the baggage handlers was nice enough to help me put it 3 of the 4 luggages on the trolley and then he wheeled one of the luggages all the way to customs and the conveyor belt (I did an American thing too - I tipped him! lol). Customs was also a breeze, the guy asked if I was an immigrant (guess the luggages was a giveaway) I said yup he asked if I had food etc I saip nope and that was it! Between LAX and Chicago and then to Bmore - my luggages got broken (the brand new one's wheels and hadles were SMASHED - cant use them again) -- gRRR rough United employees! But yeah that was pretty much the only downside of my POE!

Goodluck to everyone! Cant believe Im heeeeeeere!!

[girlafraid7 0]

So I posted this on another forum, but this topic seems to fit as well....

How long did it take to get into the federal system? The paperwork says you should receive your SS card within 3 weeks which means you should be in the system before that at least. One month on, we are still not in the system. Maybe Dublin isn't as easy as I mentioned above.

Any ideas?

[Coco&Kitten 42]

Hi guys!!

I haven't written in a while. I just wanted to add my POE experience last November.

POE Chicago: we had a direct flight Madrid-Chicago. Once we got there (my husband travelled with me) we went through the line that says US Citizens and they sent us to another area in order to check the visa and the brown envelope. Previous to that we had to go through animal control since we had our spanish cat (Kitty) with us! That went well, he had his passport :-) . Afterwards we picked up our suitcases and then we went to the "immigration area" where we were the only ones in the cue. The officer opened the brown envelope, made some notes and finally said "welcome to the US". He was really nice, no questions were asked and it was fast!

It was a little bit hectic but overall everything went fine and we were really happy. We had only one hour and a half for our next flight for Denver and we made it!

Kitten

[internetkafe 0]

Hey Candace, I see you guys used Seattle as a POE and got an EAD stamp.

Pete, Candace, and everyone else in this thread, arrived with Immigrant Visas, not K-1s. There is no EAD stamp to get; these folks are all admitted as Permanent Residents.

I have not heard any positive reports about EAD stamps at SEA.

Ah thanks, that makes more sense. Thanks for the heads up!

It is a late response, sorry for that.

I went through residents/citizens line. The officer directed me to a different area. There was nobody else there although I saw dozens of chairs. They took the big envelope and my passport and told me to sit and wait. Five minutes later they called me and wanted me to give fingerprints and type my address. Stamped my passport. Reminded when to remove conditions. But no 'welcome to America' and no smiles.

However more recently when I came back from a visit abroad the officer interrogated me for half an hour for no reason. Looked at my visas asked very detailed questions and demanded detailed answers. All he needed to do was swipe the card. No. Once they want to harrass you they can.

I realized that the officer himself was an immigrant from the nametag he wore.

Each and every time I use O'hare I am also 'chosen' for thorough customs checks' harrassment. They claim it is random but I do not remember winning the jackpot each and every time I buy lottery tickets.

By the way if you are Muslim as I am, you should get used to undue harrassments, racial profiling and rude interrogations at the port of entry.

[internetkafe 0]

Hi guys!!

I haven't written in a while. I just wanted to add my POE experience last November.

POE Chicago: we had a direct flight Madrid-Chicago. Once we got there (my husband travelled with me) we went through the line that says US Citizens and they sent us to another area in order to check the visa and the brown envelope. Previous to that we had to go through animal control since we had our spanish cat (Kitty) with us! That went well, he had his passport :-) . Afterwards we picked up our suitcases and then we went to the "immigration area" where we were the only ones in the cue. The officer opened the brown envelope, made some notes and finally said "welcome to the US". He was really nice, no questions were asked and it was fast!

It was a little bit hectic but overall everything went fine and we were really happy. We had only one hour and a half for our next flight for Denver and we made it!

Kitten

So you got a 'welcome to the United States'. Lucky you. Must be because the officers' Mexican identity. They speak Spanish and you do too. They are Catholic and Spain is a catholic country too. Makes sense.

[Coco&Kitten 42]

No, you are not right, he was an true American, I can distinguish between Mexicans and Americans pretty well. I am Catalan (my mother tongue is catalan and not spanish, but I am fluent in both languages). The officer said "welcome back to the US" to my husband (and probably meant to both of us).

So you got a 'welcome to the United States'. Lucky you. Must be because the officers' Mexican identity. They speak Spanish and you do too. They are Catholic and Spain is a catholic country too. Makes sense.