September 2018 AOS Filers

[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

[Naes 12,205]

5 hours ago, LizM said:

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).

I think I’m just going to send the info And file fbra.. better safe than sorry

[dynesyzygy24 57]

Noa1 sept 4 : still nothing 😭

[Vanessa94 23]

43 minutes ago, dynesyzygy24 said:

Noa1 sept 4 : still nothing 😭

Same here ! Which field office are you ? 

[K1visaHopeful 2,814]

48 minutes ago, dynesyzygy24 said:

Noa1 sept 4 : still nothing 😭

 

4 minutes ago, Vanessa94 said:

Same here ! Which field office are you ? 

Timeline states LA.

 

Both of your EAD/APs should be coming soon though as they are currently processing Sept 1st as of 5 seconds ago according to USCIS. You can make an SR in a few short days if it doesnt get approved by then.

[Naes 12,205]

 

Sept 4 😑 

 

I’m so angry at myself cause I knew better than not to file around Labor Day 🤦🏻‍♀️

[dynesyzygy24 57]

1 hour ago, K1visaHopeful said:

 

Timeline states LA.

 

Both of your EAD/APs should be coming soon though as they are currently processing Sept 1st as of 5 seconds ago according to USCIS. You can make an SR in a few short days if it doesnt get approved by then.

 

Thanks, I’m really hoping for good news soon 🙏🏼

[dynesyzygy24 57]

55 minutes ago, Naes said:

 

Sept 4 😑 

 

I’m so angry at myself cause I knew better than not to file around Labor Day 🤦🏻‍♀️

What happened to our case ..... 😩

[Naes 12,205]

15 minutes ago, dynesyzygy24 said:

What happened to our case ..... 😩

Lost in the darkness.... I can’t wait for the day to come that I can call...

[K1visaHopeful 2,814]

14 minutes ago, Naes said:

Lost in the darkness.... I can’t wait for the day to come that I can call...

Me too! Cant wait for you to go full on Madea on their A$$ and you can tell us the play by play.

[Brook72 8]

I have been a silent lurker to this group since I mailed my aos application sept 11

Today I got an email card is being produced!! 

 

Pd 9/11/18

Email/text receipt notices 9/17/18

Received hard copies 9/22/18

Biometrics 10/11/18

Responded to RFe for my husband's w2 10/18/18

I485 updated 1/2/19 ready to be scheduled for an interview 

Ead approved 2/18/2019

 

[LydiaP 215]

I'm so upset right now. our EAD has been sent to Lee's Summit, MO and they are just processing June. We're closest to the USCIS office in Omaha (that's where my husband got his fingerprints done) and they are processing past our due date so I called today to find out what's going on and was told by the phone update that our application was in MO. Anyone else having this issue?