August 2020 - AOS Filers

[ECCK 211]

Finally received my biometrics letter in the mail today! It was a shock since the envelope didn't look like the one others had posted here before (it didn't have a line through the address block) so I was expecting to finally get the i-944 RFIE. Glad to finally have some movement on the case 😸

[HRQX 4,145]

38 minutes ago, Cilllah said:

Or my daughters EAD/AP?

I say to still contact USCIS about your daughter's EAD. With a SSN for her you can claim her part of the "Recovery Rebate" credit (aka stimulus) of up to $1100. That's on top of your part of the "Recovery Rebate" credit of up to $1800. Also need a SSN for her for child tax credit: https://www.irs.gov/faqs/childcare-credit-other-credits/child-tax-credit

May I claim the child tax credit for a child who has an individual taxpayer identification number (ITIN) rather than a social security number (SSN)?

 

Answer:

No, you may not claim the child tax credit for a child with an ITIN. The child must have an SSN to be a qualifying child eligible for the child tax credit (CTC) or the additional child tax credit (ACTC).

• The Instructions for Form 1040 and Form 1040-SR explain who qualifies for the child tax credit, the requirements for taxpayer identification numbers (TINs), and how to calculate the credit.
• To be a qualifying child for the child tax credit, the child must be a U.S. citizen, U.S. national or U.S. resident alien, and must not have attained age 17 by the end of the tax year.
• Attach Schedule 8812 (Form 1040), Additional Child Tax Credit to Form 1040, U.S. Individual Income Tax Return, Form 1040-SR, U.S. Tax Return for Seniors or to Form 1040-NR, U.S. Nonresident Alien Income Tax Return.

Note: If you don’t have a TIN by the due date of your return (including extensions), you may not claim the CTC/ACTC on either your original or an amended return. However, if you apply for an ITIN on or before the due date of your return (including extensions) and the IRS issues you an ITIN as a result of the application, the IRS will consider your ITIN as issued on or before the due date of your return. Also, you may not claim the credit on either your original or an amended return for a child who doesn't have an SSN by the due date of your return (including extensions), even if that child later gets an SSN.

[Jimmy Lee 31]

23 minutes ago, ECCK said:

Finally received my biometrics letter in the mail today! It was a shock since the envelope didn't look like the one others had posted here before (it didn't have a line through the address block) so I was expecting to finally get the i-944 RFIE. Glad to finally have some movement on the case 😸

what is your PD? mine is 09/10. I got RFE last month. Looking forward to biometrics 😇 I think everything seems move more quickly 

[Cilllah 474]

10 minutes ago, HRQX said:

I say to still contact USCIS about your daughter's EAD. With a SSN for her you can claim her part of the "Recovery Rebate" credit (aka stimulus) of up to $1100. That's on top of your part of the "Recovery Rebate" credit of up to $1800. Also need a SSN for her for child tax credit: https://www.irs.gov/faqs/childcare-credit-other-credits/child-tax-credit

May I claim the child tax credit for a child who has an individual taxpayer identification number (ITIN) rather than a social security number (SSN)?

 

Answer:

No, you may not claim the child tax credit for a child with an ITIN. The child must have an SSN to be a qualifying child eligible for the child tax credit (CTC) or the additional child tax credit (ACTC).

• The Instructions for Form 1040 and Form 1040-SR explain who qualifies for the child tax credit, the requirements for taxpayer identification numbers (TINs), and how to calculate the credit.
• To be a qualifying child for the child tax credit, the child must be a U.S. citizen, U.S. national or U.S. resident alien, and must not have attained age 17 by the end of the tax year.
• Attach Schedule 8812 (Form 1040), Additional Child Tax Credit to Form 1040, U.S. Individual Income Tax Return, Form 1040-SR, U.S. Tax Return for Seniors or to Form 1040-NR, U.S. Nonresident Alien Income Tax Return.

Note: If you don’t have a TIN by the due date of your return (including extensions), you may not claim the CTC/ACTC on either your original or an amended return. However, if you apply for an ITIN on or before the due date of your return (including extensions) and the IRS issues you an ITIN as a result of the application, the IRS will consider your ITIN as issued on or before the due date of your return. Also, you may not claim the credit on either your original or an amended return for a child who doesn't have an SSN by the due date of your return (including extensions), even if that child later gets an SSN.

Yeah, I was really hoping she would get her SSN before the end of April so we can claim her as well. I did not know that I was eligible though as I only arrived last year and have no status!

[HRQX 4,145]

24 minutes ago, Cilllah said:

I did not know that I was eligible though as I only arrived last year and have no status!

I see. You fall just short of the Substantial Presence test by a few days: https://www.irs.gov/individuals/international-taxpayers/substantial-presence-test

 

But you can still choose to be treated as a resident alien for tax purposes: https://www.irs.gov/individuals/international-taxpayers/nonresident-alien-spouse

If, at the end of your tax year, you are married and one spouse is a U.S. citizen or resident alien and the other is a nonresident alien, you can choose to treat the nonresident as a U.S. resident.

How to Make the Choice

Attach a statement, signed by both spouses, to your joint return for the first tax year for which the choice applies. It should contain the following information:

1. A declaration that one spouse was a nonresident alien and the other spouse a U.S. citizen or resident alien on the last day of the tax year, and that you choose to be treated as U.S. residents for the entire tax year
2. The name, address, and identification number of each spouse. (If one spouse died, include the name and address of the person making the choice for the deceased spouse.)

Edited January 25, 2021 by HRQX

[Ny2020 28]

On 1/23/2021 at 10:48 PM, Dani Trail said:

Update! I Recieved my biometrics appointment in the mail today.

*I filed AOS From k1 by the end of August 2020

*Recieved NOAs 1 on september 28th.

* Biometrics appt Notice today on the mail Jan 23 2021. 

So Finally some news! 

Does anyone know how Long after the biometrics appt takes until I can recieve My work permit or the green card? 

 

 

 

 

Got my permit 2wks later, green card you’ll just have to wait to see..

[Cilllah 474]

24 minutes ago, HRQX said:

I see. You fall just short of the Substantial Presence test by a few days: https://www.irs.gov/individuals/international-taxpayers/substantial-presence-test

 

But you can still choose to be treated as a resident alien for tax purposes: https://www.irs.gov/individuals/international-taxpayers/nonresident-alien-spouse

If, at the end of your tax year, you are married and one spouse is a U.S. citizen or resident alien and the other is a nonresident alien, you can choose to treat the nonresident as a U.S. resident.

How to Make the Choice

Attach a statement, signed by both spouses, to your joint return for the first tax year for which the choice applies. It should contain the following information:

1. A declaration that one spouse was a nonresident alien and the other spouse a U.S. citizen or resident alien on the last day of the tax year, and that you choose to be treated as U.S. residents for the entire tax year
2. The name, address, and identification number of each spouse. (If one spouse died, include the name and address of the person making the choice for the deceased spouse.)

This makes sense. I actually need to send over a not tiny amount of money from Australia for our house deposit. I believe if I do it before I am a resident I don't have to pay tax on it. Do you know how that works? Sorry for the questions!

[HRQX 4,145]

10 minutes ago, Cilllah said:

I actually need to send over a not tiny amount of money from Australia for our house deposit.

Transferring money between your bank accounts is not a tax issue.

 

You might have to inform the Gov (by using an online Gov page) about your foreign account for their record keeping purposes, but that is not related to taxes: https://www.taxesforexpats.com/articles/fbar-fatca/how-to-determine-maximum-annual-account-balance-for-fbar.html "Remember - FBAR is purely an informational form and there is no tax assessed on the amounts reported."

Edited January 25, 2021 by HRQX

[ek1357 116]

I decided to go ahead and contact our congressman about the EAD (don’t really care how long the GC takes, but living in California is hard on one salary). 
 

I contacted them late Friday night and I got a call this afternoon from a really friendly woman who wanted to clarify some things and find out how she can make a compelling case for us. 
 

Even if this doesn’t amount to anything it still feels good to know we’re doing something and that there are people willing to try and help. 
 

A small glimmer of hope for this week. 

[Dodorina 6]

3 hours ago, Ny2020 said:

Got my permit 2wks later, green card you’ll just have to wait to see..

thanks!!!! I know NY office has been super fast!  I hope Oklahoma too.

I'd be so happy just to get the permit soon.... so I can finally work, drive etc.

Thanks AGAIN.

good look to everyone I hope all cases are getting good news soon!

[babiii23 18]

So the letter from USCIS is indeed biometric appointment. Will be on Feb 11th. Finally some updates.

[Sarge2155 4,584]

5 hours ago, babiii23 said:

So the letter from USCIS is indeed biometric appointment. Will be on Feb 11th. Finally some updates.

Very good!

[Jimmy Lee 31]

Hi guys! How long did it take USCIS to update "I944 response was received" after you had submitted it? Thank you!

[Celebi 136]

On 1/23/2021 at 10:48 PM, Dani Trail said:

Update! I Recieved my biometrics appointment in the mail today.

*I filed AOS From k1 by the end of August 2020

*Recieved NOAs 1 on september 28th.

* Biometrics appt Notice today on the mail Jan 23 2021. 

So Finally some news! 

Does anyone know how Long after the biometrics appt takes until I can recieve My work permit or the green card? 

Had my bio taken last Dec. 18 and still no sign of EAD for me. Some New Yorkers already received theirs, so it would really be a case to case basis, I guess. Or maybe some just have pure luck. Lol

[kkmk 47]

I also received my biometrics appointment on the mail. but i still haven't submitted my form i-944 (RFIE)...still working on it :`(

it is such a torturous process for this stupid i-944...i was hoping biden would kill this public charge rule asap hahaha