September 2018 AOS Filers

[K1visaHopeful 2,779]

6 minutes ago, miami44 said:

Combo card received in the mail today

Congrats. Could you update your timeline please?

[miami44 19]

6 minutes ago, K1visaHopeful said:

Congrats. Could you update your timeline please?

Done . Thanks!

[M+M 55]

Hello fellow September filers,

Hooray!!! We just got our update yesterday! We received an update via just got an update via https://myaccount.uscis.dhs.gov/. The other site, such as case status check (or apps) have not updated. I had a similar problem with our K-1 updates too.

 

Case approved: 2/14

NOA 1 Date 9/13

Case received: 9/12

 

We didn't really celebrate Valentine's Day but we sure celebrated this success and another stepping stone on this journey. What a great reason to celebrate! Fingers crossed for all who are still waiting, hope you receive it soon.  

[jakejon 1,197]

54 minutes ago, K1visaHopeful said:

Congrats. Could you update your timeline please?

I think there are many to update their timelines (not to sound anyway disrespectful) - my VJ timeline ain't that far off off my case inquiry date-although that may be accurate currently in current processing times. Hopefully more approvals keep flowing and many continue to update their timelines to give us little months after September hope  

Edited February 15, 2019 by jakejon

[K1visaHopeful 2,779]

1 hour ago, jakejon said:

I think there are many to update their timelines (not to sound anyway disrespectful) - my VJ timeline ain't that far off off my case inquiry date-although that may be accurate currently in current processing times. Hopefully more approvals keep flowing and many continue to update their timelines to give us little months after September hope  

I didnt mean to sound disrespectful in my initial post either but I dont think many ppl realize that VJ relies on the info we as members input into our timelines to predict our own timelines. My estimated EAD approval date is based on the timelines of everyone else so if no one is filling their timelines out, the stats that VJ reports to us are as useful as the same chocolate teapot that we call the SSA.

[K1visaHopeful 2,779]

1 hour ago, M+M said:

Hello fellow September filers,

Hooray!!! We just got our update yesterday! We received an update via just got an update via https://myaccount.uscis.dhs.gov/. The other site, such as case status check (or apps) have not updated. I had a similar problem with our K-1 updates too.

 

Case approved: 2/14

NOA 1 Date 9/13

Case received: 9/12

 

We didn't really celebrate Valentine's Day but we sure celebrated this success and another stepping stone on this journey. What a great reason to celebrate! Fingers crossed for all who are still waiting, hope you receive it soon.  

Case approved for your EAD or you had your GC interview?

[M+M 55]

13 hours ago, K1visaHopeful said:

Case approved for your EAD or you had your GC interview?

Sorry, it was EAD and AP. 

[nullaccount234 882]

On 2/15/2019 at 12:34 AM, Naes said:

 

Guys this is about  "if you ever had any account with 10k or more at any given time on 2018" right?? Not about current but at any moment?? Cause I closed my bank accounts and sent everything here already... I don't know what to do. 

Yes, that is correct, see the below copied from the IRS website. What is not entirely clear is 1. whether we actually count, for the purposes of the FBAR, as US residents and 2, what to do with accounts that were, as in your case, closed before 2018-12-31. I will get back to you if I get any clarity on these two. I thought for #1 that because I count as a resident for tax purposes, I would for the FBAR as well but those are completely different things so I'm not sure. 

 

I don't understand why they always specify what goes for US residents but never people who go through AOS. Especially now that it's not unusual that the AOS status lasts 1-2 years for many people...

"Who Must File an FBAR

United States persons are required to file an FBAR if:

1. the United States person had a financial interest in or signature authority over at least one financial account located outside of the United States; and
2. the aggregate value of all foreign financial accounts exceeded $10,000 at any time during the calendar year reported.

United States person includes U.S. citizens; U.S. residents; entities, including but not limited to, corporations, partnerships, or limited liability companies, created or organized in the United States or under the laws of the United States; and trusts or estates formed under the laws of the United States."

[Mrs.Williams 34]

Interview date received for March. 

NOA September 10

Grateful, since I had a stressful week with my husband's EAD card.

[UktoTexas 46]

Hi, I received my EAD combo card in the post today, 8 days after I received notification that it had been approved. Total number of days from filing to the receive date is 162. 

I will update my time line when it allows me to. 

[UktoTexas 46]

39 minutes ago, UktoTexas said:

Hi, I received my EAD combo card in the post today, 8 days after I received notification that it had been approved. Total number of days from filing to the receive date is 162. 

I will update my time line when it allows me to. 

My timeline is now updated 🙂

[Naes 12,205]

12 hours ago, LizM said:

Yes, that is correct, see the below copied from the IRS website. What is not entirely clear is 1. whether we actually count, for the purposes of the FBAR, as US residents and 2, what to do with accounts that were, as in your case, closed before 2018-12-31. I will get back to you if I get any clarity on these two. I thought for #1 that because I count as a resident for tax purposes, I would for the FBAR as well but those are completely different things so I'm not sure. 

 

I don't understand why they always specify what goes for US residents but never people who go through AOS. Especially now that it's not unusual that the AOS status lasts 1-2 years for many people...

"Who Must File an FBAR

United States persons are required to file an FBAR if:

1. the United States person had a financial interest in or signature authority over at least one financial account located outside of the United States; and
2. the aggregate value of all foreign financial accounts exceeded $10,000 at any time during the calendar year reported.

United States person includes U.S. citizens; U.S. residents; entities, including but not limited to, corporations, partnerships, or limited liability companies, created or organized in the United States or under the laws of the United States; and trusts or estates formed under the laws of the United States."

Liz I found this:

https://www.google.com/amp/s/ttlc.intuit.com/questions/3196675-should-i-file-an-fbar-if-i-m-a-resident-for-taxes-purposes-only-i-m-a-non-resident-alien/amp

 

still confuses though... cause I don’t pass the substantial test so I don’t need to?? Uuuuughhhh 😑

Edited February 17, 2019 by Naes

[DeepakChani 738]

Got my taxes filed last week. Married Filing Jointly. My tax filer said I need a FBAR for any bank account or 401k/IRA/retirement account that is overseas and was active at any point in 2018.

Edited February 17, 2019 by DeepakChani

[nullaccount234 882]

On 2/17/2019 at 12:51 AM, Naes said:

Liz I found this:

https://www.google.com/amp/s/ttlc.intuit.com/questions/3196675-should-i-file-an-fbar-if-i-m-a-resident-for-taxes-purposes-only-i-m-a-non-resident-alien/amp

 

still confuses though... cause I don’t pass the substantial test so I don’t need to?? Uuuuughhhh 😑

Even if you do not meet either the green card or the substantial presence test, I think you can ask to be counted as a resident alien because you married a US citizen. So when it comes to filing US taxes you're in a situation where you can choose what's best for you income wise. Bear in mind that even if you choose to be counted as a resident alien, you won't have to pay US taxes on up to $100,000 of your salary income for 2018. So it might be worth filing married jointly as you get some tax benefits from doing that, as opposed to separately.  As for how to do it I think you just attach a cover letter saying you want to be counted as a resident, but I haven't looked into the specifics.

 

https://www.irs.gov/individuals/international-taxpayers/foreign-persons (see paragraph #2)

 

And how this affects the FBAR is still beyond me 

[nullaccount234 882]

Okay I might have figured out the FBAR requirement. According to BSA Electronic Filing Requirements Instructions (https://www.fincen.gov/sites/default/files/shared/FBAR Line Item Filing Instructions.pdf) page 6, a United States resident is someone who meets one of the three residency tests in 26 U.S.C section 7701 (b) (https://www.law.cornell.edu/uscode/text/26/7701). I have pasted the section below.

 

The residency tests in that section are green card, substantial presence, and first year test. First year is the one you would qualify for @Naes. If you qualify for or meet any of these, you'll need to file an FBAR. The only thing still unclear is the elective nature of the first year election test (if it's really elective, and you choose not to be treated as a resident, then what?)

 

26 U.S.C section 7701 (b)

(b)Definition of resident alien and nonresident alien

(1)In general For purposes of this title (other than subtitle B)—

(A)Resident alien An alien individual shall be treated as a resident of the United States with respect to any calendar year if (and only if) such individual meets the requirements of clause (i), (ii), or (iii):

(i)Lawfully admitted for permanent residence

Such individual is a lawful permanent resident of the United States at any time during such calendar year.

(ii)Substantial presence test

Such individual meets the substantial presence test of paragraph (3).

(iii)First year election

Such individual makes the election provided in paragraph (4).