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jaywave

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  1. jaywave
    She doesn't have a reentry permit, but she has been outside the US for over 6 months, but less than 1 year. She has a drivers license in the state we live in, bank, etc. From what I read in the cbp website, as long as my spouse is not gone for more than 1 year, she will be fine. But I'm not sure if my spouse will meet this requirement. Because she will have to start from May 2, 2024 to May 2, 2025. The issue with the meeting the physical presence test is that she was in the US from July to October, 2024 (68 days). Is it even possible she can meet the physical presence test?
  2. jaywave started following DS-260 update before interview in South Korea [merged threads] , Filing Form 1116 – Foreign Tax Credit Explained and Joint sponsor possible tax issue
  3. jaywave
    Me (US citizen) Spouse (Permanent Resident) My wife and I are planning to file jointly (MFJ), but I’m worried about doing our taxes correctly. In 2024, my wife was in the U.S. from April to May (1 month) and again from July to October. She then returned to Korea, where she worked from November to December and paid taxes on her income there. Also, she didn't work in the US and made zero income in the US. As for me, I'm currently living and working in the US. From my research, she does not qualify for Form 2555 (Foreign Earned Income Exclusion) because she spent about 3–4 months in the U.S., which does not meet the physical presence test. However, I read that she might be able to file Form 1116 (Foreign Tax Credit) to claim a credit for the taxes she paid in Korea. My question is: Should she file Form 1116? I’m trying to use TurboTax, but the process is confusing. If anyone has any better suggestions, please reply. Thank you.
  4. jaywave
    My spouse (beneficiary) has to re-do the DS-260 interview because of changes between when we submitted DS-260 and now. We will do the interview in the South Korea Seoul Embassy. I have some questions about the DS-260: 1) Before I submitted the DS-260, I was employed to a company. But as of now, I'm currently unemployed. In the Occupation section for the petitioner, we put "Not Employed" and then we wrote an explanation saying "Spouse was Unemployed since March 01, 2023. Currently Interviewing for job." Is this a good way to explain my (petitioner) current situation? Is there a better way I should explain it. Please look at image below. 2) It then ask us "Have you attended any educational institutions at a secondary level or above?" Does this mean high school and university (Bachelors and masters)? Also, do we have to put my spouse's(beneficiary) 6 months TESOL course that she took? With question #2, is it true that we should bring University degree and high school diploma for the interview?
  5.    jaywave reacted to a post in a topic: Joint sponsor possible tax issue
  6. jaywave
    As far as I'm aware, no. My guess is that my mom can file as "Single" because maybe she is allowed to do so. Also, I believe my mom was legally separated. I'm not her tax guy who said she can file as "Single". I don't have much information about her and her ex-husband (my mom finally got the divorce approved) past. From what I can see in her taxes, her taxes were simple with just a W2 form. @pushbrk It looks like my mom finally got her divorce about two days ago. She got a letter in writing saying this "As the Decree of Dissolution has been filed with the Court and approved by the Judge the above-captioned case is now complete, and there are no remaining issues to be dealt with." My guess is since she is now divorce, my mom doesn't have to put "1" anymore because she is now not currently married?
  7. jaywave
    Thank you.
  8.    jaywave reacted to a post in a topic: Traveling to other countries before visa interview date
  9. jaywave
    @Redro Hello Redro. Do you know how someone can update the DS-260 before the interview? Or do you know if I can update the DS-260 in the Seoul Embassy? The reason why I need to update it is because of the countries we shortly visited/traveled after we submitted DS-260. There is a question about which countries we traveled to within 5 years. Thank you.
  10. jaywave
    Actually, even if my mom files Single or MFS, she still owes the same amount. I know, I redid her taxes either filing as "Single" or "MFS". Like I said before, she has already been audited. If she wasn't allowed to file as "Single", she would have been told by the person who audited her that she filed her taxes incorrectly. Also, the tax guy (not the auditor) who did her taxes is extremely careful when it comes to taxes, and he told her to file as "single". I'm not a tax expert, but I'm guessing my mom can file single. I don't know much about my mom's story with her husband. Lastly, I'm not sure how this is perjury and/or tax evasion when she has already been audited? I went back to her taxes, it was the same amount she owes for either filing as single and MFS. To everyone her, I'm truly grateful at all the replies. I'm just hoping that the interviewing officer will not ask for a joint sponsor.
  11. jaywave
    My mom agreed to be our joint sponsor. Long story short, my mom is currently married (almost divorce with her husband), but files single because she has been separated from her husband for many years. Her tax guy in the past told her to file single in the past, so she has been filing single every single year since then. She can't file MFS because she doesn't know her spouse SSN. I'm wondering if someone had a similar experience or knows the right answer. Is it safe to submit my mom's tax return to the interview officer even though her filing status is not correct? Also, in Part 5 of the I-864, it says put "1" if you are currently married. So it might be an issue later because it doesn't make sense that my mom files single and she has to put "1" in currently married. What should we do in this situation?
  12. jaywave
    I'm just preparing one just encase I need one because I'll never know. Do you know what should I do about Part 5. Sponsor's Household Size, where it says "If you are currently married, enter "1" for your spouse"? What can I enter if my mom files single and she doesn't have any contact with her husband (soon to be ex)?
  13.    jaywave reacted to a post in a topic: Joint sponsor possible tax issue
  14.    jaywave reacted to a post in a topic: Joint sponsor possible tax issue
  15.    jaywave reacted to a post in a topic: DS-260 update before interview in South Korea [merged threads]
  16. jaywave
    In a Korean bank account, but our Korean bank can give us a USD statement. If that makes any sense. The issue that we are having with this is that my mom was filing single for a while because she doesn't know her husband's (almost ex) SSN. My mom was audited a few years ago, but they never mentioned or cared about if she filed single. How can I use my mom's 2022 Tax if my mom doesn't file Married But Filling Separately? I'm guessing the interview officer will not accept the I-864 because of this. Note: Also, her Tax man who does her taxes tells her to file single.
  17. jaywave
    I have a couple of questions about I-864 Joint Sponsor: Note: My mom wants to sponsor my wife, but I did not submit my mom's I-864 in the NVC stage because our current ligiid assets is way above the threshold. However, I want to be safe in the interview encase the interviewing officer ask for one. 1) My mom will be the joint sponsor. However, she is getting a divorce from her husband and almost in the final stages of her divorce. In Part 5. Sponsor's Household Size, it says "If you are currently married, enter "1" for your spouse". However, she doesn't live with her soon to be divorce husband and they haven't lived, and never had any contact with each other for a few years. How should we handle this situation? Should I leave it as blank? 2) My mom signed the document in mid-march of this year with her signature. The date is already inserted with her signature. Is it safe to still use that signature with that date? 3) Encase the interview officer ask for a joint sponsor, do I need to submit my mom's 2022 taxes with the I-864? Thank you.
  18. jaywave
    Does anyone know if I need to update my DS-260 before my interview date in South Korea? I tried to update it, but I'm unable to do so. Also, my wife is also about to do her medical checkup soon. Does she need an up-to-date DS-260 because of the new country she visited? Thank you.
  19.    Redro reacted to a post in a topic: Traveling to other countries before visa interview date
  20. jaywave
    Thank you. Looks like I have to get it encase they need it. Thank you to everyone who replied back to me. I will try to update this forum/thread after the interview so it can help someone who will be in the same position as me.
  21.    jaywave reacted to a post in a topic: Traveling to other countries before visa interview date
  22. jaywave
    I'm sorry that you said sorry 😄. Actually, before I created this thread, I was extremely doubtful about if my wife can get the visa and we can move on with our lives from this visa process. I'm actually glad people replied with my questions and I'm changing/learning a lot on what I need to do to prove that we will go US and live are lives there. You and everyone here is helping us out a lot. There is another question that I keep wanting to ask. A very long time ago, my wife lived and worked in another country temporarily for more than 6 months, but less than 12. In the NVC stage, I wrote a letter stating that she doesn't need a background check in that country because she was in that country for less than 12 months. I also put in DS-260 on the dates that she was in that country. It seemed like NVC accepted that letter. However, is the Seoul embassy really strict with getting a police certificate even though the rule states she only needs it if she lived in a country for 12 or more months? Also, she is a Korean citizen and we have her Korean police certificate. Thank you.
  23.    jaywave reacted to a post in a topic: Traveling to other countries before visa interview date
  24. jaywave
    When it comes to sending evidence after the interview, does it mean they have to send documents to the embassy or upload documents in a website? From what I understand, encase if my wife is denied a visa in the interview because there is a lack of evidence in domicile, I have up to a year to prove my domicile to the USA? I'm quite worried about this because if I'm right, my wife only has 6 months to get into the US after she gets the results from her medical checkup. Do you know/remember if the group members were able to figure it out and get the visa for their spouse? @Redro in your opinion, is my proof for domicile in the US weak? Also, where the Naver group people who got AP similar to my situation? As of now, I'm in the process of delaying the interview and the medical checkup even though I'm trying to get back to the US before Winter comes. Thank you.
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