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walran

Good faith Marriage..

By walran in Tax & Finances During US Immigration

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walran Enthusiast

walran   24

Posted
Filed: Lift. Cond. (pnd) Country: Nepal
 Timeline
Posted

I have a good faith marriage but am looking ahead..

Things I don't want to do..

1- Co-mingle assets

2- Joint Taxes

3- Joint bank accounts..

She has access to the accounts via debit and visa cards etc. but for liability and tax reasons I prefer to have her not on my taxes and not sharing all accounts.. I could put her on title to one of my houses with me but again this is for liability and tax reasons.

We will be starting a business in her name in Nepal and I don't want her to have US tax liability (especially at my 40% rate) on it..

Thoughts?

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Pitaya Grand Master

Pitaya   2,577

Posted
Filed: Lift. Cond. (apr) Country: China
 Timeline
Posted

Be ready with other marriage bonafide evidence. Be sure to thoroughly explain your family's particular financial circumstances.

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

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Boiler Grand Master

Boiler   45,479

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

US residents are taxed on their worldwide income.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Cheezees Mentor

Cheezees   1,514

Posted
Filed: Citizen (apr) Country: Trinidad and Tobago
 Timeline
Posted

Bad idea?

 

 

AOS

03/24/11 - Got married in the Boogie-Down Bronx, NYC!
04/21/11 - Mailed I-130,I-765, I-485, I-864 and I-693 - Day 00

04/23/11 - Application delivered - Day 02
04/28/11 - NOA (most forms) - Day 07
05/03/11 - Checks cashed - Day 12
05/31/11 - Biometrics completed in the Bronx, NYC - Day 40
06/24/11 - Received someone else's employment authorization card!!! What the...? - Day 64
07/01/11 - Mailed the poor lady's card back after calling USCIS - Day 71
07/07/11 - Received poor lady's interview notice! What??? - Day 77
07/15/11 - Received my own EAD card - Day 85
08/12/11 - Interview. Approved on the spot! - Day 113
08/18/11 - Received card in the mail - Day 119

ROC
05/28/13 - Mailed I-751 - Day 00

05/30/13 - Application delivered - Day 02

05/31/13 - NOA I-797 - Day 03
06/04/13 - Check cashed - Day 07

06/06/13 - NOA delivered to my home/Biometrics letter generated - Day 09

06/10/13 - Received Biometrics letter in the mail - Day 13

06/27/13 - Biometrics completed in Milwaukee, WI - Day 30

09/10/13 - Application approved! - Day 105

09/14/13 - 10 year Green Card received! - Day 109

Citizenship

05/10/16 - Mailed N-400 - Day 00

05/12/16 - Application delivered - Day 02

05/13/16 - Credit card payment accepted - Day 03

05/17/16 - Received text & email update - Day 07

05/20/16 - Received 1st NOA (dated 05/13/16) & created ELIS acct - Day 10

05/21/16 - Received 2nd NOA (dated 05/16/16) confirming my DOB and address - Day 11

05/22/06 - Biometrics scheduled (online update) and appt letter was mailed on 05/20/16 - Day 12

05/24/06 - Biometrics letter became viewable online (appt scheduled for 06/07/16) - Day 14

05/27/16 - Received Biometrics letter in mail - Day 17

05/31/16 - Was denied walk-in fingerprints with just 1 person left in line. Milwaukee office, boo! - Day 21

06/07/16 - Biometrics completed in Milwaukee, WI - Day 28

12/21/16 - Passed Citizenship test/Interview was successful! - Day 197

01/26/17 - I am a US citizen!!! - Day 233

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Mollie09 Proficient

Mollie09   1,543

Posted
Filed: Citizen (apr) Country: Brazil
 Timeline
Posted

Yeah, if she's a resident she has to pay all taxes just like you. Are you willing to risk everything so you can evade taxes?

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Rc123rc Rising Star

Rc123rc   528

Posted
Filed: Timeline
Posted

We will be starting a business in her name in Nepal and I don't want her to have US tax liability (especially at my 40% rate) on it..

1) Is she a resident in the United States or not? The above statement doesn't make it clear. 2) You can file married filing separately. Your tax rate would not apply to her. It would be on her worldwide income only.

However, the #1 thing USCIS looks at is co-mingling of financial assets and living arrangements. Joint tax returns is the primary evidence. You will need many many pieces of other evidence to make up the glaring deficit in proof if you go through with your plan.

 
 

 

 

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Anitafeliz Experienced

Anitafeliz   1,133

Posted
Filed: K-1 Visa Country: Dominican Republic
 Timeline
Posted (edited)

There are 3 filing options you will need to choose one of the two that apply to you or you can divorce.

This way you can file single.

Did you not know you need to comingle prior to marrige?

Edited by Anitafeliz

:girlwerewolf2xn: Ana (L) Felix :wub:

K1 March Filer 2016

Interview Approved August 19, 2016

POE September 25, 2016

AOS November Filer 2016

DISCLAIMER: Please excuse my ABC & Gramm@r I am not an editor...

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Rc123rc Rising Star

Rc123rc   528

Posted
Filed: Timeline
Posted

It seems to be trust issue that you are not ready to share your weapth with her... ?

Depending on the state, this shouldn't be a problem. All assets prior to the marriage are his and he should have documented them. After the marriage, assets acquired or income earned are considered jointly owned. Again, state marriage law would need to be consulted. As far as trust is concerned, it would be only a vague guess since there is not enough information to go by.

 
 

 

 

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Adil & Jeanne Proficient

Adil & Jeanne   296

Posted
Filed: IR-1/CR-1 Visa Country: Morocco
 Timeline
Posted

They were married April 2016 according to their timeline

And are now starting a new business

going to be hard not to declare this income

I can not imagine that you would not comingle assests as this is needed for AOS and later for here citzenship

Any money received by your bank from the new business will be looked at when you do forms for AOS

Is this a trust issue?

or just trying to avoid paying taxes?

don't answer / just know immigration does not like the first and IRS does not like the second

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JessDak Explorer

JessDak   27

Posted
Filed: Country:
Timeline
Posted

Honestly I'm not sure if it is completely legal to do that (I'm the foreign spouse) but if it is and you choose to do it, just know that you will be missing out on the biggest evidence (co-mingling finances). Taxes and bank accounts are some of the best evidence that USCIS looks for, so without these, it will probably be very difficult to prove a bonafied marriage.

Fiancee Visa Timeline

1/7/16 - I-129F Sent

1/28/16 - NOA1

3/10/16 - NOA2

4/8/16 - NVC Sent

5/2/16 - Medical

5/2/16 - Interview

5/4/16 - Physical

5/10/16 - Dropped passport off at Embassy

5/12/16 - Visa in Hand

5/21/16 - POE

7/10/16 - Marriage

 

AOS Timeline

7/21/16 - Mailed packet

7/23/16 - Packet delivered

7/28/16 - NOA1

10/7/16 - Biometrics

11/30/16 - EAD/AP Approved

12/6.16 - EAD/AP Received

1/21/17 - New card ordered for production

1/23/17 - Greencard Approved (no interview)

1/24/17 - Greencard Mailed

1/26/17 - Greencard Received

 

  • On Oct 13th AOS status was updated to say that a notice was returned due to post office being unable to deliver it. Tier two told me that it was biometrics or NOA1 (even though I had received both before this date).

  • A few weeks later I received a notice dated Nov 10th, in regards to my call about the Oct 13th notice. The new notice said that there were no RFE's or withholding on my case. So still not sure what this Oct 13th notice was about.

  • Received a letter from a NY office on Dec 23rd (dated Dec 10) stating that my medical was over 1 year old. (At this point my medical was only 7 months old)

  • Teir two submitted an internal service request to which I got a response telling me that I need to respond to RFE ASAP

  • Submitted another service request on 1/6/17. To which I got a response on 1/19/17 stating that my case was pending and is outside of processing time (no mention of RFE)

 

ROC Timeline

10/21/18 - Packet Sent

xx/xx/xx - NOA1

xx/xx/xx - NOA2

xx/xx/xx - Card Received

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Sukie Experienced

Sukie   1,459

Posted
Filed: Citizen (apr) Country: Australia
 Timeline
Posted

I have a good faith marriage but am looking ahead..

Things I don't want to do..

1- Co-mingle assets

2- Joint Taxes

3- Joint bank accounts..

She has access to the accounts via debit and visa cards etc. but for liability and tax reasons I prefer to have her not on my taxes and not sharing all accounts.. I could put her on title to one of my houses with me but again this is for liability and tax reasons.

We will be starting a business in her name in Nepal and I don't want her to have US tax liability (especially at my 40% rate) on it..

Thoughts?

Walran, if she has a business in Nepal, she still has to declare any income she makes on a US Tax return. I can fully understand if you want to file your taxes separately if she will be in a low tax bracket and you will be in a high one. But check with an accountant first - as the marriage deduction (filing jointly) might be more beneficial.

As others have said - it's OK to look "different" from most couples, but you will need to explain to USCIS why and how you keep your money separate.

From your original post, which, granted, is lean on details, it SEEMS as if you might be forgetting that any Nepali income must be declared. There might not be any actual tax liability (if the US has a good tax treaty with Nepal), but be mindful that the APPEARANCE of trying to avoid US tax might hurt you.

Best of luck.

Sukie in NY (who has to declare income in Australia and Hong Kong, as well as the US)

Spoiler

 

Spoiler

Our Prior Journey

N-400 Naturalization

18-Feb-2018 - submitted N-400 online, credit card charged

18-Feb-2018 - NOA1

12-Mar-2018 - Biometrics 

18-June-2018 - Notice of interview received

26-July-2018 - Interview  - APPROVED!!!

26-July-2018 - Oath Ceremony Scheduled

17-Aug-2018 - Oath Ceremony

 

 

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