Gabriel5454

I've started to repeat myself so I will tune out of this thread. Feel free to look into an accountant if this is too much to handle. I will say however that the IRS is actually very helpful if you need to consult with them (though you may have to wait a while to reach someone on the phone). Other common things to look into are FBAR (if you have substantial assets in international accounts) and FEIE (Foreign Earned Income Exclusion) which applies if your spouse has any international income. In most cases, you do not have to pay any income taxes on it if it is less than a certain amount (approximately $100,000). Good luck and cheers.

Everything you said in this post is correct. However, you are missing a crucial part. Again, I refer you to this page. Again I will quote: As far as I am aware it is not possible to attach such a statement to an electronically filed return. At least I was not able to do so.

You are getting a lot of incorrect information in this thread. First, read this link to determine if your husband is already considered a resident for tax purposes. Since you said he does not have a green card, then he must satisfy the substantial presence test, otherwise he is most likely a non-resident for tax purposes. Next, carefully read this page. On that page is another link to a page which explains how to make the election to treat your spouse as a resident for tax purposes. It says very clearly how to make this choice: The fact that your husband has a social security number does not imply that he is a resident for tax purposes. The fact that he has applied for permanent residency also does not imply this. You need to make the election. (I am not an accountant, feel free to do your own research too!).

According to this source they do not need a transit visa as long as their green card is valid.

It would only be fraud if the person sponsoring multiple immigrants lied about it on the forms, no? One person can sponsor multiple (unrelated) immigrants, but as I recall the forms ask have you ever sponsored another immigrant before, in which case you must answer yes and give their information. I dwell on this point because I am surprised people rush to the conclusion that this practice is illegal or immoral in some way. The I-864 is essentially a way for the US government to protect itself from financial liability by making the petitioner (and joint sponsor) responsible in case the immigrant becomes financially dependent on the government. If someone wants to sign such a form and take this responsibility, who is to say it is wrong?

As far as I am aware (I am not a lawyer) the law does not specify that any prior relationship exist between you (the petitioner) and the joint sponsor, nor does it prohibit providing incentives to someone to sign the contract. I'm happy to be proven wrong on this point with specific evidence to the contrary. However as others have pointed out correctly, if you are considering SSDI it may be very important to consider your financial situation realistically and whether you will be able to support someone financially, who may need time to adjust or not be able (or willing) to work.

Check that final link again (i.e. https://www.irs.gov/individuals/international-taxpayers/nonresident-spouse). From there, Keep in mind, I am not a tax professional, just a random stranger on the internet. So feel free to do your own due diligence. But this is my understanding of the situation.

This is inaccurate. As per https://www.irs.gov/individuals/international-taxpayers/substantial-presence-test, when calculating the number of days in the US for the substantial presence test, you do not count the days you are an "exempt individual". This includes a few categories of temporary visitors, in particular: A student temporarily present in the U.S. under an "F," "J," "M," or "Q" visa, who substantially complies with the requirements of the visa. As a result most foreign students in the US are not residents for tax purposes. This has important tax implications since they often are not eligible for the same tax benefits as those classified as "residents" for tax purposes (which includes, not is not limited to, US citizens and permanent residents) and hence often pay higher rates of taxes. OP, I suggest you review https://www.irs.gov/individuals/international-taxpayers/determining-an-individuals-tax-residency-status. Quoting from that page, If you don't meet either of those two tests, then the foreign spouse may have to submit the election to be treated as a resident for tax purposes. For more info see https://www.irs.gov/individuals/international-taxpayers/nonresident-spouse

This link also states that if you are not adopting using the Hague process, that "If you are adopting from a Hague Convention country, certain restrictions apply that may prevent your child from immigrating to the United States using this process. Please fully research the adoption laws of the country you hope to adopt from before beginning the process." It cannot hurt to consult with a qualified lawyer about your situation to avoid any surprises in the future.