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Filed: IR-1/CR-1 Visa Country: Brazil
Timeline
Posted (edited)
1 hour ago, London Calling said:

Okay, excellent, this is what I was wondering. The only reason I ask is because it's listed as one of ways to prove you are living abroad temporarily on form I-864. See below:

 

  1. You are living abroad temporarily.

    If you are not currently living in the United States, you must provide proof that your trip abroad is temporary and that you have maintained your domicile in the United States. Examples of proof include:

    1. Your voting record in the United States;

    2. Records of paying U.S. state or local taxes;

    3. Having property in the United States;

    4. Maintaining bank or investment accounts in the United States;

    5. Having a permanent mailing address in the United States; or

    6. Other proof such as evidence that you are a student studying abroad or that a foreign government has authorized a temporary stay. 

We're filing federal taxes, wondering if we need to file state taxes to prove we are serious about returning to the US. 

I believe your duty as a citizen living abroad is to continue to pay federal taxes (not state taxes). It seems that this is just an item that you could choose to do but you didn´t. It should not be a deal breaker. You show proof of domicile in many other ways.

Edited by Hilde
Filed: IR-1/CR-1 Visa Country: Ukraine
Timeline
Posted
2 hours ago, London Calling said:

However, once in US we want to buy a house so we are currently paying loads to amend past years as married filing jointly with my husband electing to be treated as a US citizen. 

 

 

Hello,

 

First, regarding state taxes, that is just one of the examples of maintaining US domicile.  It is not really needed if you have other examples, which you do.

 

Second, I am not sure why you need to amend prior year taxes to MFJ.  Is your bank or lending company requesting this?  At best, your husband will be considered a non-resident alien with an ITIN for those tax years.  It seems a lot of work and expenses for no real benefit.

 

Posted (edited)
3 hours ago, SusieQQQ said:

Ok, so he is electing to be taxed as a resident. That’s different.

 

 

Can someone also please explain to me why MFJ vs MFS makes any difference to getting a house/mortgage? Does the husband somehow get the wife’s credit score because of it? Or what? I’m just trying to figure out exactly what the benefit of all this. It seems like a lot of effort and I’m not sure why? 


 

No advantage,  NRA credit score doesn’t carry over and we start from scratch... in fact it was better for us to obtain mortgage in just usc name and then put both names on deeds

Edited by Duke & Marie

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 🙌🙌🙌🙌🙌
Posted
3 hours ago, London Calling said:

Okay, excellent, this is what I was wondering. The only reason I ask is because it's listed as one of ways to prove you are living abroad temporarily on form I-864. See below:

 

Is 7 years temporary? 
 

I left the UK 25 years ago, still have accounts, a mailing address a driver license, a passport, I am a registered voter there and have retirement investments etc there.... have I really only left temporarily 😂

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 🙌🙌🙌🙌🙌
Posted
2 hours ago, Duke & Marie said:

No advantage,  NRA credit score doesn’t carry over and we start from scratch... in fact it was better for us to obtain mortgage in just usc name and then put both names on deeds

Wonder if the USC even has a score if living overseas for so long? Not sure how it works.

 

It seemed to me they are going through a lot of hassle and expense to do this for no benefit that I can see, so I was wondering what that might be/if someone else could enlighten me as to the reason for doing this.

 
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