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Russel1995

K1 visa holder allowed to gamble?

By Russel1995 in Moving to the US and Your New Life In America

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Russel1995 Collaborator

Russel1995   163

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

My father plans to take my wife and i to the casino for new years at his expense.

 

My wife is holding a k1 visa, with the adjustment if stafus filed.  Is she allowed to gamble on the k1 visa?

NOTE: Black & Bold = Visa Related

 

02/16/2018: Met online on a mobile game called Guns of Glory

10/03/2018: I129f sent

10/05/2018: NOA1

02/26/2019: NOA2 

03/19/2019: NVC received

03/22/2019: NVC case # assigned

04/02/2019: Consulate received

08/21/2019: Medical - passed on vaccines so insurance can be used in the USA.

08/22/2019: ASC

08/27/2019: Interview -APPROVED!!!

09/11/2019: Entered USA through Chicago O'hare

09/20/2019: Married

10/09/2019: Filed AOS

11/12/2019: Biometric appointment

12/13/2019: RFE (birth certificate)

 

 

Total time spent together before K1 interview: 65 days.

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Sparkle Sparkle Proficient

Sparkle Sparkle   914

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Filed: K-1 Visa Country: Germany
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Yes she can gamble but she must not gain financially from it in Form of winnings. Money won in the USA from gambling are subject to tax. 

Speak the truth even if your voice shakes

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USS_Voyager Experienced

USS_Voyager   1,972

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17 minutes ago, Sparkle Sparkle said:

Yes she can gamble but she must not gain financially from it in Form of winnings. Money won in the USA from gambling are subject to tax. 

I am not sure. The issue is work authorization, so money gained from it. Is gambling considered work? I don’t think so. 

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Ontarkie Grand Master

Ontarkie   14,217

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Filed: Citizen (apr) Country: Canada
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2 hours ago, Sparkle Sparkle said:

Yes she can gamble but she must not gain financially from it in Form of winnings. Money won in the USA from gambling are subject to tax. 

 There is no issue with her winning some money. She declares it like everyone else, that doesn't make it a job.

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Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
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Cards Received02-22-11
Citizenship
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Oath 09/19/2014 We are all done! All USC no more USCIS

 

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Russel1995 Collaborator

Russel1995   163

Posted
Filed: K-1 Visa Country: Mexico
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Posted

Thanks guys. Hopefully luck will be good!

NOTE: Black & Bold = Visa Related

 

02/16/2018: Met online on a mobile game called Guns of Glory

10/03/2018: I129f sent

10/05/2018: NOA1

02/26/2019: NOA2 

03/19/2019: NVC received

03/22/2019: NVC case # assigned

04/02/2019: Consulate received

08/21/2019: Medical - passed on vaccines so insurance can be used in the USA.

08/22/2019: ASC

08/27/2019: Interview -APPROVED!!!

09/11/2019: Entered USA through Chicago O'hare

09/20/2019: Married

10/09/2019: Filed AOS

11/12/2019: Biometric appointment

12/13/2019: RFE (birth certificate)

 

 

Total time spent together before K1 interview: 65 days.

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geowrian Grand Master

geowrian   22,337

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Filed: Lift. Cond. (pnd) Country: Philippines
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Posted

No issue earning money while in the US. You just cannot engage in employment without work authorization. Gambling is not work (unless possibly if done professionally and are compensated just for the act of gambling...big rollers may need to apply!).

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Duke & Marie Proficient

Duke & Marie   1,389

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Filed: IR-1/CR-1 Visa Country: Australia
 Timeline
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11 hours ago, Sparkle Sparkle said:

Yes she can gamble but she must not gain financially from it in Form of winnings. Money won in the USA from gambling are subject to tax. 

Not sure how you don’t gain financially from winning 🤔 put in a hundred and take out a thousand its a gain..

 

but yeah gotta pay taxes on it, this I found out as a tourist last year, That bit sucked and was a whole new concept to me.. back home we don’t pay taxes on winnings.. and seeing over a third of my prize money go in tax was very sad 😢 

AOS Journey

  • I-485 etc filed 23 April 2020 
  • NOA1 I-485 June 3 2020 
  • NOA1 EAD 23 April 2020
  • Biometrics 5 Jan 2021
  • EAD approved 12 March 2021
  • Interview Completed 24 March 2021
  • EAD Card Received 1 April 2021  
  • Case under review 2 April 2021
  • New Card is Being Produced 25 September 2021
  • 10 Year Green Card Approved and Mailed 27 September 2021 🙌🙌🙌🙌🙌
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Thunderbolt Enthusiast

Thunderbolt   172

Posted
Filed: K-1 Visa Country: Thailand
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Posted

For our honeymoon I took my wife to CA, NV and AZ. Twice we've stayed in casinos. We did little gambling but only lost about $200 during few days :)

I don't see it as being a problem on K-1 visa :)

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bakphx1 Proficient

bakphx1   789

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Filed: IR-1/CR-1 Visa Country: Honduras
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Taxes are only required on a single jackpot of $1,200 or more. People make it sound as if any win of $20 must be reported.  That’s also optimistic to think it’s going to be an issue.

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optlh0 Contributor

optlh0   19

Posted
Filed: F-1 Visa Country: Philippines
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Posted

She's allowed to gamble at a casino in a state where it's legal. Online gambling is a whole different story. Lot's of differing state and federal laws that can be confusing to navigate through. Best to stay away from that until she becomes a citizen. :)  

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geowrian Grand Master

geowrian   22,337

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Filed: Lift. Cond. (pnd) Country: Philippines
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5 hours ago, bakphx1 said:

Taxes are only required on a single jackpot of $1,200 or more. People make it sound as if any win of $20 must be reported.  That’s also optimistic to think it’s going to be an issue.

Incorrect. The provider has to report it at those levels, and provide a W-2G. Any winnings at all are considered part of one's income for federal tax purposes.

https://blog.turbotax.intuit.com/income-and-investments/how-are-gambling-winnings-taxed-8891/

Quote

Reporting Smaller Winnings

Even if you do not win as much as the amounts above, you are still legally obligated to claim your winnings at tax-time. You also need to report any awards or prize money you won during the year. Yes, even if you only win $10, you still technically have to report it (even if the casino didn’t). Gambling income plus your job income (and any other income) equals your total income. Fortunately, you do not necessarily have to pay taxes on all your winnings. Instead, if you itemize your deductions, you can claim your losses up to the amount of your winnings.

 

https://www.irs.gov/taxtopics/tc419

Quote

Gambling winnings are fully taxable and you must report the income on your tax return.

...

You must report all gambling winnings as "Other Income" on Form 1040, Schedule 1 (PDF) and attach this to Form 1040 (PDF), including winnings that aren't reported on a Form W-2G (PDF).

 

States may also have their own taxes on gambling earnings.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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