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Hanna35

i-864 and tax return

By Hanna35 in Adjustment of Status from Work, Student, & Tourist Visas

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Hanna35 Rookie

Hanna35   4

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

Hello beautiful people :)

 

I thought I will give it a shot here (before paying a professional to help us fix it) although I have a feeling that it's quite an unique situation that we are in.

I am adjusting from B2 visa to permanent resident through marriage, so far we filled in i-130, i-130A, i-485, i-131, i-765, i-864 and i-864A. 

The last two are taking us the most time as we are not sure what to do with my husbands (who is an american citizen) tax return. First half of 2018 he was a student in Paris, second we lived together in the Netherlands. Overall he worked around 2 months of the year making close to $7k in the Netherlands - according to rules, you do not need to file tax return when you are above certain threshold when filing separately, but since we got married in August 2018 it gets a bit complicated. I've read somewhere that the US doesn't recognise our marriage as of now until we get the paperwork through - does that mean that he would be exempt? Was anyone in a similar situation?

 

Any help will be appreciated!

Adjustment of status from B2 visa
08/13/2018 Married in the Netherlands 
03/28/2019 Entered the US
04/27/2019 Sent AOS package (i-130, i-130a, i-485, i-864, i-864a, i-765, i131)
04/29/2019 Package received (UPS tracking)

05/10/2019 NOA1 (i-130, i-485, i-131, i-765)

05/31/2019 Biometrics

8/24/2019 Received a Courtesy Letter

8/28/2019 Case updated to “Ready to schedule an interview”

8/29/2019 Case updated to “Interview was scheduled” 

junkmart Community Regular

junkmart   320

Posted
Filed: AOS (apr) Country: Mexico
 Timeline
Posted
3 hours ago, Hanna35 said:

Hello beautiful people :)

 

I thought I will give it a shot here (before paying a professional to help us fix it) although I have a feeling that it's quite an unique situation that we are in.

I am adjusting from B2 visa to permanent resident through marriage, so far we filled in i-130, i-130A, i-485, i-131, i-765, i-864 and i-864A. 

The last two are taking us the most time as we are not sure what to do with my husbands (who is an american citizen) tax return. First half of 2018 he was a student in Paris, second we lived together in the Netherlands. Overall he worked around 2 months of the year making close to $7k in the Netherlands - according to rules, you do not need to file tax return when you are above certain threshold when filing separately, but since we got married in August 2018 it gets a bit complicated. I've read somewhere that the US doesn't recognise our marriage as of now until we get the paperwork through - does that mean that he would be exempt? Was anyone in a similar situation?

 

Any help will be appreciated!

If you are legally married, anywhere in the world, you marriage is recognized by the US. Your husband can file as married filing joint or married filing separately. If he earned less than the threshold for filing, then he doesn't have to file, and can include a letter with your AOS packaged to that effect.

c9 AOS Concurrently filed I-130 & I-130A, I-485, I-131, I-765

 

2019-02-21 Package sent to Chicago Lockbox via FedEx

2019-03-09 Notice received via USPS

2019-03-15 Biometrics Appointment Notice received

2019-03-26 Attended Biometrics Appointment

2019-04-01 Case is ready to to be scheduled for an interview

2019-04-22 Interview Notice received via USPS

2019-05-20 Interview: Approved after 82 days.

2019-05-21 Card in production

2019-05-22 Card was mailed to you (no tracking)

2019-05-29 Green Card in hand.

 

I-751 Removal of Conditions

2021-03-23 Package Sent via FedEx

2021-04-01 Package Received Texas Service Center

2021-04-21 I-797C Notice Date

2021-04-26 Notice Received via USPS

2021-05-04 Biometrics were reused

2021-11-16 New card is being produced

Hanna35 Rookie

Hanna35   4

Posted
Filed: Citizen (apr) Country: Poland
 Timeline
  • Author
Posted

Ok, we did figure that we need to file (married filing separately) and mail it to the IRS (since its a foreign income thing). Hopefully they will be fine with it.

Adjustment of status from B2 visa
08/13/2018 Married in the Netherlands 
03/28/2019 Entered the US
04/27/2019 Sent AOS package (i-130, i-130a, i-485, i-864, i-864a, i-765, i131)
04/29/2019 Package received (UPS tracking)

05/10/2019 NOA1 (i-130, i-485, i-131, i-765)

05/31/2019 Biometrics

8/24/2019 Received a Courtesy Letter

8/28/2019 Case updated to “Ready to schedule an interview”

8/29/2019 Case updated to “Interview was scheduled” 

 
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