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Anna&Adam

Filing Tax Return with Pending AoS - FBAR

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Filed: K-1 Visa Country: Australia
Timeline

I'm looking for helping with filing taxes while awaiting AoS.

My husband and I were married Feb 28 (in the US), and are still waiting for my Green Card to be approved. I believe I am a resident alien for tax purposes (based on substantial presence, I know I'm not a lawful resident). Therefore, I am filing married/joint. Our W-2's are ok, as are his dividends and interest.

Since I am still waiting for my GC, wanted to check if anyone knows if I should:

- report interest earned on 'foreign' bank accounts (I know they are foreign to the US, but I too am a foreigner (atm) so do they actually come under US tax laws?). I'm assuming this one is yes.

- need to file an FBAR, as one of my accounts topped $10,000 in 2014? Again, I don't have anything against filing, it's just that since I'm not a lawful resident, do I NEED to report this?

Once I get my GC I'm certain I'll have to report everything, for for now, I'm not sure.

Thanks,

2013-07-17: Filed I-129F
2013-07-19: NOA1 I-129F
2013-09-06: NOA2 I-129F
2013-10-29: Packet 3 (rec)
2013-11-26: Packet 3 (sent)
2013-12-05: Packet 4
2013-12-20: Interview (Sydney)
2013-13-30: VISA
2014-01-23: POE Los Angeles

2014-02-28: MARRIED

2014-03-28: Filed AoS
2014-04-03: NOA1
2014-04-29: Biometrics
2014-06-12: EAD/AP Combo Approved
2014-06-13: EAD/AP Combo Received
2014-07-10: Deadly Interview Waiver Letter

2015-01-31: Contacted local Congressman's office
2015-02-17: Congressman told "within four weeks"
2015-02-27: Received request for Vaccination page - again!
2015-03-05: Mailed new Vaccinations page
2015-03-09: GC Approved
2015-03-11: GC in Production
2015-03-18: GC collected by USPS
2015-03-19: GC delivered

2016-12-19: Filed I-751

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I don't think the Green Card comes into play, if you file as a resident alien you need to report everything a resident alien would have to report. This is my understanding.

Previous Visa & EAD/AP Timeline

 

K-1 Visa Timeline

22 March 2014 - Sent I-129F

See timeline for data in between these dates.

24 June 2014 - Interview

25 June 2014 - CEAC Status: Administrative Processing

26 June 2014 - CEAC Status: Issued

01 July 2014 - Received Visa

POE & Marriage

03 July 2014 - POE (BWI airport)

14 July 2014 - Marriage

Advanced Parole (I131)Timeline
21 July 2014 - Sent off
23 July 2014 - Initial Review - Received
31 July 2014 - NOA1 Received
27 September 2014 - EAD Combo Card Received
 
Employment Authorisation (I765) Timeline
21 July 2014 - Sent off
23 July 2014 - Initial Review - Received
30 July 2014 - NOA1 Received
20 September 2014 - Card in Production Update
22 September 2014 - Card in Production Update Again
25 September 2014 - Card Sent Update (Another update came later that day with USPS tracking code)
27 September 2014 - Card Received
 
Adjustment of Status (I-148) Timeline
21 July 2014 - Sent off
24 July 2014 - Acceptance - Fingerprint fee accepted and case processed at Nebraska Service Center
30 July 2014 - NOA1 Received
26 August 2014 - Biometrics Done
12 November 2014 - Notification of Potential Interview Waiver (NPIW) Received
26 March 2014 - Cleveland Field Office is requesting my file from NBC.
23 April 2014 - Green Card Ordered!
 
 

Avatar Photo by Henry Mühlpfordt / CC-BY

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