HOW TO FILE TAX

[mischa24 1]

How can I include all the fees that we had paid for my husband's i130 petition? I heard we can also file the plane ticket and greencard fee? TIA

[belinda63 3,041]

Why didn't you ask the person you heard this from?

Nothing about the immigration process is tax deductible.

[Shauneg 762]

How can I include all the fees that we had paid for my husband's i130 petition? I heard we can also file the plane ticket and greencard fee? TIA

How could you justify the government paying for those things through tax relief?

[hkl 9]

It absolutely is tax deductible if the job is the reason for immigration and the move. All associated costs are deductible in that case. So you would have to claim that your husbands move was professionally motivated. Which in most cases is if you are faced with the decision of you moving to his or he to your country. I assume he promptly started to work as soon as he was eligible.

Disclaimer: I am not CPA, I'm just sharing a knowledge I acquired over many years dealing with tax matters. If you want to be on the safe side consult a CPA.

[MariaR323 199]

In short, immigration fees would only be eligible for deduction if they are in connection to an employment-based visa.

[hkl 9]

In short, immigration fees would only be eligible for deduction if they are in connection to an employment-based visa.

I my opinion this statement is probably wrong or at least too strict. You have to look at it at much more details. A clear case is if a US/non US couple lives abroad and then decide to move to US due to job reason it is very obvious that such a move is tax deductible even for the non US partner. It is obvious as well that they would be leveraging family based immigration path for ease and cost reduction, which does not stand in conflict with the IRS deductibility. All other in-between cases have to be analyzed in a case by case basis.

Edited October 2, 2015 by hkl

[MariaR323 199]

While I can understand and it seems reasonable and logical to try and make a connection to deduct the fees, the fact of the matter is that these fees are treated as nondeductible personal expenses. That, unfortunately, is the IRS guideline by which they stand. Believe me, I have researched this plenty of times and have asked directly to more than one senior tax revenue officer at the IRS. I myself am a registered tax preparer as well so I believe I have some credibility on the topic.

To put it bluntly, you are always free to fill out your tax return any way you'd like and make deductions... but you are doing so at your own risk. As to if it will be questioned, again, that's a (audit) risk. Not everybody gets audited.

Now, I'll elaborate a little more on the topic... if say you file your 1040 tax return with the Schedule A - Itemized Deductions, you can use the fees paid for the medical exam as a medical expense deductible on Sched A.

As to the employment-based visa, there could be certain fees eligible for deduction based on the visa type and who pays what fees during the process. Some employers pay the fees, others pay partial, etc. These are case by case situations that you would discuss in detail with your tax preparer as the eligibility for deduction.

[belinda63 3,041]

Lets ask the OP, under what area would you claim these deductions? You didn't move here for work i.e. you weren't unemployed and found a job here and moved here, you might be able to claim the costs of the medical and vaccinations as Maria says but other than using it for an employment based deduction (which you don't qualify for since it is not a work visa) I don't know of any category you could file it under.

Immigration Urban Myths:

1. You can deduct your immigration costs on your taxes.

2. Bring your parents here and they will get free money and medical care.

3. You can adopt a family member and bring them to the US.

[mischa24 1]

Why didn't you ask the person you heard this from?

Nothing about the immigration process is tax deductible.

You don't have to be rude you know? And first of all, if this is a first hand information, and I know someone who really experienced it, I wouldn't be asking this question in this forum. It's all hearsay that is why I'm confirming it with THOSE people who have knowledge about it. So if you don't know anything about my question, better keep it to yourself man!

[belinda63 3,041]

I said it that way because I have heard all sorts of rumors from my spouse who is an immigrant. He brought his father here because someone told him his father could get money every month from the government. He heard the government would give you money to open a business. He heard you can go to college for free. He brought all these rumors to me, a USC, and when I said I had no idea how to do that he would belittle me by saying "what, you've lived here your whole life and you don't know anything about this." So my response to his rumors has become "Ask the person who told you how to do it." This is a great way to stop rumors, just question the person you heard it from.

As my second sentence said, there is nothing about the relative immigration process that is tax deductible.