DS-5540 Form at K1 Visa Interview at Vietnam Embassy

[Roxy&Ryan 72]

4 minutes ago, geowrian said:

It's not just for K-1s. Like most questions on an immigraiton forum, there are circumstances where the question is applicable and circumstances where they are not.

 

For K-1s in particular, there are cases where somebody may have a US employer waiting for them to get an EAD.

Edit: Note that an EAD or green card lets you work..not just the green card (AOS approval).

Thanks for your response. i know the EAD is a work permit but that is like 4-6 months wait, am i correct? also after we have listed our assets from our own country can the US tax them? 

[geowrian 22,337]

5 minutes ago, Roxy&Ryan said:

Thanks for your response. i know the EAD is a work permit but that is like 4-6 months wait, am i correct? also after we have listed our assets from our own country can the US tax them? 

Roughly...I personally say ~4-7 months on average for the EAD.

The US can tax something whether you list it on the form or not. Where the asset is located does not matter - just whether or not you are considered a US person / Resident Alien (RA) by the IRS is what matters.

That said, in general the US does not tax assets. They tax income (including income earned from some assets, like interest on accounts). They tax gifts in some circumstances.

 

There are FBAR considerations and such if you have over $10k in foreign accounts, but against this applies based on your tax status, not what assets you list on the DS-5540.

[Roxy&Ryan 72]

3 minutes ago, geowrian said:

Roughly...I personally say ~4-7 months on average for the EAD.

The US can tax something whether you list it on the form or not. Where the asset is located does not matter - just whether or not you are considered a US person / Resident Alien (RA) by the IRS is what matters.

That said, in general the US does not tax assets. They tax income (including income earned from some assets, like interest on accounts). They tax gifts in some circumstances.

 

There are FBAR considerations and such if you have over $10k in foreign accounts, but against this applies based on your tax status, not what assets you list on the DS-5540.

Thanks. What is FBAR?

[geowrian 22,337]

1 minute ago, Roxy&Ryan said:

Thanks. What is FBAR?

Basically, FBAR is required annual reporting of foreign accounts held by US persons (citizens, residents, etc.). There is no tax or fee associated with it...it's strictly reporting. The only issue is the heavy penalties possible for not reporting when you were required to do.

https://www.irs.gov/businesses/small-businesses-self-employed/report-of-foreign-bank-and-financial-accounts-fbar

Quote

A United States person, including a citizen, resident, corporation, partnership, limited liability company, trust and estate, must file an FBAR to report:

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

 

There's also FATCA if you exceed a higher threshold:

https://www.irs.gov/businesses/corporations/summary-of-fatca-reporting-for-us-taxpayers

[dnhut861 2]

im going to be honest with you guys, im still confused about this form..

 

 

does the Petitioner have to fill out their information on this form, or does the beneficiary fill their information??

 

 

 

 

I am the petitioner and my fiancé and I are doing the K1 visa. we are waiting for our interview at the embassy. 

[Just Paul 4,595]

1 minute ago, dnhut861 said:

im going to be honest with you guys, im still confused about this form..

 

 

does the Petitioner have to fill out their information on this form, or does the beneficiary fill their information??

 

 

 

 

I am the petitioner and my fiancé and I are doing the K1 visa. we are waiting for our interview at the embassy. 

The Beneficiary fills it in.

[dnhut861 2]

2 minutes ago, Paul & Mary said:

The Beneficiary fills it in.

really??

 

then this whole form is USELESS for k1 visa, because how could she have paid federal taxes??? because it ask for IRS taxes.

 

 

[geowrian 22,337]

19 minutes ago, dnhut861 said:

really??

 

then this whole form is USELESS for k1 visa, because how could she have paid federal taxes??? because it ask for IRS taxes.

Nobody with a K-1 ever had a student or work visa (not to name others)?

[Just Paul 4,595]

17 minutes ago, dnhut861 said:

really??

 

then this whole form is USELESS for k1 visa, because how could she have paid federal taxes??? because it ask for IRS taxes.

 

 

Apparently some consulates have asked for it.    Most here are thinking that was wrong as an I-944 will be required at AOS.

 

If she hasn't worked in the US then she wouldn't have filed any.

 

6. List below all U.S. federal tax returns you have filed within the last three years and attach your IRS transcript (or copy of the complete, filed tax return) for your most recent U.S. federal tax return.

[flea89 31]

Okay so i e-mailed the consulate and asked them directly if we will need to bring this form to the interview and this was the response: 

 

Thank you for your inquiry.

 

Certain visa classes will be required by the Department of State's National Visa Center (NVC) to fill out Form DS-5540 and consular officers will also be able to administer the form when needed on a case by case basis.  Post has not yet been informed of when the form will be available.

 

To be well-prepared for the interview, please visit our website at: https://vn.usembassy.gov/interview-iv.

 

If you have further questions, please do not reply to this email.  Instead, please submit your inquiry to: https://vn.usembassy.gov/visas/immigrant-visas/immigrant-visa-inquiry-form/. 

 

Sincerely,

 

Information and Public Outreach Unit

Consular Section (IV)

U.S. Consulate General in Ho Chi Minh City – Vietnam

Website: https://vn.usembassy.gov/

Facebook: https://www.facebook.com/USConsulateHCMC/

[Mrs. Cristiano 42]

10 hours ago, flea89 said:

okay so after doing a lot of reading around, I also believe it's best to have the beneficiary bring it to the interview. i used this youtube video to help me. super helpful especially for the insurance part.  

 

Honestly, I am as the beneficiary still confused about the insurance part bcs here's the term for me...

 

I will get married as soon as possible after my arrival to US.. My future husband is a police officer and yes he gets insurance from work and will include me in it once I become his spouse. But, the enrollment schedule is only happening twice a year. Which most likely will take several months before I finally can be included into his insurance. So.. what I'm planning right now is to answer part 2 number 4a with yes. Then give explanation blank space below that I will only have it when the enrollment schedule comes, instead of less than 30 days after arrival.

 

what you guys thinking about it ? would it risky for my visa approval ?

 

[craig5977 58]

Your husband can add you right away, at least he should be able to as marriage is a qualifying event that allows for additions throughout the year, same as having a baby.

He just needs to talk to his HR department is all. The only thing that may slow down the addition is wanting a Social Security number to add you.

Good Luck

[HDia 105]

10 hours ago, Paul & Mary said:

That is fine for the I-864.   It does not apply to the beneficiary with the DS-5540 or the an I-944 for a K1 AOS.

 

If you have a strong I-864 then the financial portions on the DS-5540 are not going to be as important.

 

The DS-5540 is about the point in time it is filed.  Not some date in the future.

Thank you!

[HDia 105]

1 hour ago, SoonToBeMrs.C said:

Honestly, I am as the beneficiary still confused about the insurance part bcs here's the term for me...

 

I will get married as soon as possible after my arrival to US.. My future husband is a police officer and yes he gets insurance from work and will include me in it once I become his spouse. But, the enrollment schedule is only happening twice a year. Which most likely will take several months before I finally can be included into his insurance. So.. what I'm planning right now is to answer part 2 number 4a with yes. Then give explanation blank space below that I will only have it when the enrollment schedule comes, instead of less than 30 days after arrival.

 

what you guys thinking about it ? would it risky for my visa approval ?

 

I emailed my company and they said I can add my wife (CR1) when she arrives here in the US within 31 days. I also read my insurance policy that getting married is a qualifying life event that will allow you to add a spouse to your insurance plan. Maybe your husband's plan will be the same.

[HDia 105]

4 hours ago, flea89 said:

Okay so i e-mailed the consulate and asked them directly if we will need to bring this form to the interview and this was the response: 

 

Thank you for your inquiry.

 

Certain visa classes will be required by the Department of State's National Visa Center (NVC) to fill out Form DS-5540 and consular officers will also be able to administer the form when needed on a case by case basis.  Post has not yet been informed of when the form will be available.

 

To be well-prepared for the interview, please visit our website at: https://vn.usembassy.gov/interview-iv.

 

If you have further questions, please do not reply to this email.  Instead, please submit your inquiry to: https://vn.usembassy.gov/visas/immigrant-visas/immigrant-visa-inquiry-form/. 

 

Sincerely,

 

Information and Public Outreach Unit

Consular Section (IV)

U.S. Consulate General in Ho Chi Minh City – Vietnam

Website: https://vn.usembassy.gov/

Facebook: https://www.facebook.com/USConsulateHCMC/

 

The answer is pretty broad to me. Does this mean that they're not fully implementing this rule for everyone yet, and only case by case basis after reviewing I-864?