NVC Filers - February 2014

[Saylin 1,605]

Right so I passed on this post to my wife and she thinks we are ok because, (This is what she said) 'I used actual gross income and not adjusted income as I fill out a 1040 (not 1040a or 1040ez). So in summary, I did use the correct line item based on the 1040 return I submitted'.

Does that sound right? She's getting annoyed with me scrutinizing it now so I think I'm going to have to have faith and hope its ok!

If a 1040 was filed, then the 'total income' line should have been used. If it's the same amount as the line she used (actual gross income), then great, you got lucky. But if not, you'll be getting be getting a checklist. Unfortunately, you can't just pick and choose whatever line you want to use. As it states right in the question, if a 1040 was filed, then use total income. If a 1040EZ was filed, then use adjusted gross income.

Case number and IIN just received =)! Too early for email addresses so she said to try back tomorrow. Saylin please update, thank you!

I'm assuming you want to be added on the spreadsheet then? Added

[Nobby7 30]

If a 1040 was filed, then the 'total income' line should have been used. If it's the same amount as the line she used (actual gross income), then great, you got lucky. But if not, you'll be getting be getting a checklist. Unfortunately, you can't just pick and choose whatever line you want to use. As it states right in the question, if a 1040 was filed, then use total income. If a 1040EZ was filed, then use adjusted gross income.

I'm assuming you want to be added on the spreadsheet then? Added

I think I just caught myself in a mistake

On my I-864, I originally had entered my total income from the "Total Income" lines on my last three tax transcripts. Then, I had read in another thread where someone got a checklist because they were supposed to use the adjusted gross income. So without verifying what type of form I used to file my taxes, I changed my I-864 to list adjusted gross income.

After reading this now, I went back to look at my tax transcripts and I did file a 1040 and not the 1040ez, which means I should have used "Total Income", so I will be getting a checklist.

Because I have noticed this beforehand, can I be proactive and send the form with the current amounts or do I have to wait for the checklist?

[gwenstar 66]

1. I checked off both boxes and had no problems. They definitely need to re-word those two boxes.

2. You have to use the EXACT line. So, if it ends up being $0, so be it. Doesn't matter how it looks. If you put any other number, you WILL get a checklist.

Saylin - this is your response for a question about the From 2555 Foreign Income Exclusion -

Are you fairly familiar with this? I am having a hard time figuring out definitively if that is an option for my 2013 taxes that I have not yet filed.

My husband is Canadian and lived there/worked there all of 2013 - never worked in the US (visa still in process). I live in the US and only worked in the US in 2013.

If I file the W-7 for the ITIN (married filing jointly) and claim him as a Non-Resident Alien considered a Resident Alien FOR TAX PURPOSES - would the Form 2555 be applicable to excluding his income if we are filing on worldwide income? From what I read, Form 2555 can be applied to USC & Resident Aliens who have income from an established "work home" country for a certain amount of days of the year.

*So after all that....since my spouse can be counted as a resident for tax purposes on the 1040 would he also be considered a resident for Form 2555.*

Not sure if I make sense....any input would be awesome.

Thanks!

PG 3

Form 2555 exclusion foreign income up to $97,600 – USD

Note. A nonresident alien who, with a U.S. citizen or U.S. resident alien spouse, chooses to be taxed as a resident of the United States can qualify under this test if the time requirements are met. See Pub. 54 for details on how to make this choice http://www.irs.gov/pub/irs-pdf/i2555.pdf

Section 4 of pub 54 –

http://www.irs.gov/pub/irs-pdf/p54.pdf

[TYorke1 9]

If a 1040 was filed, then the 'total income' line should have been used. If it's the same amount as the line she used (actual gross income), then great, you got lucky. But if not, you'll be getting be getting a checklist. Unfortunately, you can't just pick and choose whatever line you want to use. As it states right in the question, if a 1040 was filed, then use total income. If a 1040EZ was filed, then use adjusted gross income.

I'm assuming you want to be added on the spreadsheet then? Added

After all that it turns out that my wife did use "total income"! So we should be fine. Thanks once more for your clarification mate!

[Saylin 1,605]

Saylin - this is your response for a question about the From 2555 Foreign Income Exclusion -

Are you fairly familiar with this? I am having a hard time figuring out definitively if that is an option for my 2013 taxes that I have not yet filed.

My husband is Canadian and lived there/worked there all of 2013 - never worked in the US (visa still in process). I live in the US and only worked in the US in 2013.

If I file the W-7 for the ITIN (married filing jointly) and claim him as a Non-Resident Alien considered a Resident Alien FOR TAX PURPOSES - would the Form 2555 be applicable to excluding his income if we are filing on worldwide income? From what I read, Form 2555 can be applied to USC & Resident Aliens who have income from an established "work home" country for a certain amount of days of the year.

*So after all that....since my spouse can be counted as a resident for tax purposes on the 1040 would he also be considered a resident for Form 2555.*

Not sure if I make sense....any input would be awesome.

Thanks!

PG 3

Form 2555 exclusion foreign income up to $97,600 – USD

Note. A nonresident alien who, with a U.S. citizen or U.S. resident alien spouse, chooses to be taxed as a resident of the United States can qualify under this test if the time requirements are met. See Pub. 54 for details on how to make this choice http://www.irs.gov/pub/irs-pdf/i2555.pdf

Section 4 of pub 54 –

http://www.irs.gov/pub/irs-pdf/p54.pdf

Nope, no experience with the 2555. The reason I stated what I did is because in the I-864 form, right on that question, it states to use total income if you filed 1040 or adjusted gross income if you filed 1040EZ. There's no option for if you filed a 2555

After all that it turns out that my wife did use "total income"! So we should be fine. Thanks once more for your clarification mate!

Oh, phew!!

[bpierce 24]

Anybody receive their case number today? Today is the 20th business day for me.

Case was received at NVC: 13/Jan/2014

Our case was rec. Jan 13 too,I call yesterday and they said they had one snow day and one Holiday that i needed to add into the 20 day Window.

[Sashy 17]

Just received the invoice for IV! Question though: they have my address listed wrong (mine, not my husbands who is the beneficiary). Which is weird because it was right before...lol. Are they going to mail anything to me or is it all electronic? (I moved 1 street number + an apt number, so they often change the apt but not the street number...)

[hunnymoon 5]

Just received the invoice for IV! Question though: they have my address listed wrong (mine, not my husbands who is the beneficiary). Which is weird because it was right before...lol. Are they going to mail anything to me or is it all electronic? (I moved 1 street number + an apt number, so they often change the apt but not the street number...)

how long did it take for you to get the iv bill after you sent in the ds260? i called yesterday and the lady said 5-10 days... is that right?

[Sashy 17]

how long did it take for you to get the iv bill after you sent in the ds260? i called yesterday and the lady said 5-10 days... is that right?

All my information is in my signature! Do you mean DS 261? I haven't done DS 260 yet (IIRC that is part of the IV track).

[gwenstar 66]

Nope, no experience with the 2555. The reason I stated what I did is because in the I-864 form, right on that question, it states to use total income if you filed 1040 or adjusted gross income if you filed 1040EZ. There's no option for if you filed a 2555

Thanks for your response!

[hunnymoon 5]

All my information is in my signature! Do you mean DS 261? I haven't done DS 260 yet (IIRC that is part of the IV track).

haha sorry my bad... i meant ds261! looks like we are working at the same pace... hopefully i get my iv bill today too! thanks much... and hope we all have a quick finish!

[annie1 9]

Just got off the phone with NVC.

Case Complete!!

I knew i would get a case complete this week. Because NVC always took 3 weeks to review everything i sent them. (about 13 business days)

congrats!

[tutsye 4]

Saylin,

I am petitioning my 2 kids ages 15 and 13. I am still waiting for case number/s. But is it okay that I just create an email for my both kids and give that to the NVC operator when I get the case #?

Thanks

Saylin,

I am petitioning my 2 kids ages 15 and 13. I am still waiting for case number/s. But is it okay that I just create an email for my both kids and give that to the NVC operator when I get the case #?

Thanks

[NYC.RSA 25]

congrats!

thanx.

so whats the latest on ur side..called NVC lately?

[Ana&Sean 5]

paid my AOS bill, will be sending the package on monday.... im so excited cant wait for it to be over already!

Edited February 11, 2014 by Ana&Sean