attending alone

Thank you......

I had a income in USA in the year 2003 for 3 months and I was working on H1B....offcourse I was on H1B from Dece 1997 to March 2003. I stayed in USA during the year 2003 from
JAN - March. I am out of USA from 9th of March onwards.

I am thinking that I am a resident or partly resident.

While filing it is asking the residence and the contact Number, so I wanted to know can I give the residence adress in USA or can I give the residence in India. ??
as I said right now all my mails are going to my friends residence adress in USA.

Do you think the residence is in tax filing is only for Communication or forwarding mail.

I am using the Turbo tax or TAXACT to file thru online.

I want to be make sure before filing because I have to carry all the tax transcripts.

Today I am planing to complete the tax returns. Please let me know as soon as possible.

Thanks
Kumar
 
kumar:

This is more of a IRS question than a INS question. If I were you I would put current india address but frankly speaking I think you should contact an IRS representative via phone or email to confirm what address you need to use.
 
Kumar/Kd

I too was searching for the definition of US resident for tax purposes.Here's what I found .. in IRS form 1040 for 2003 but in anyways better to contact/email to tax professionals like "HR Block" (http://www.hrblock.com) or http://find.thestreet.com/

Substantial Presence Test

You are considered a U.S. resident if you meet the substantial presence test you meet the substantial presence test physically present in the United States for at least:
1. 31 days during 2003 and
2. 183 days during the period 2003,
2002, and 2001, counting all the days 2002, and 2001, counting all the days 1 /3 the number of days of presence in 1 /3 the number of days of presence in 2001.

Generally, you are treated as present in the United States on any day that you are physically present in the country at any time during the day.However, there are exceptions to this rule. In general, do not count the following as days of presence in the United States for the substantial presence test.



Closer Connection to Foreign Country
1.Even though you would otherwise meet the substantial presence test, you can be treated as a nonresident alien if you:
Were present in the United States forfewer than 183 days during 2003,
2.Establish that during 2003 you had a tax home in a foreign country, and
3.Establish that during 2003 you had a closer connection to one foreign country in which you had a tax home than to the United States unless you had a closer connection to two foreign
countries.
 
ac140madras:

This is excellent information. But as you mentioned there are many if's and but's and exceptions in the IRS system...so Kumar easiest would be to send an email to HRBlock or IRS rep and await the appropriate answer.
 
Thank you.....

Actually One of my friend is having had some doubts.

Actually he and his wife attended the CP iterview couple of months back during the interview his interview was rejected becuase of lack of documents with tax returns. ....now it is almost 4 months completed after his interivew.

but now he and his wife had some family issue and they are planning apply for Divorce in few days. now does causes any problem for to go alone to consulate with the documents and to get his visa alone..... I hope he can get his visa alone.

does he need any updated documents and any proof saying that both of them are getting divercing???

he is more worring about getting his visa alone...please let me the suggessions as soon as possible.

Thanks
Kumar
 
Kumar230,

Can you be more precise about the rejection?What was lacking in the tax documents?Was it your friends or his company related tax documents?


Thanks,
 
kumar:

Your friend needs to carry the required documents (his and/ or his company tax papers) which were the reasons for denial in teh first instance. Also he needs to carry other required documents as prescribed.

Divorce should not have issues with his visa issuance. But it may affect his spouses vis issuance assuming the spouses visa issuance is dependent on your friend's visa issuance. It is entirely upto your friend to disclose the status of the marriage. Sorry to hear the situation your friend is in.
 
kd1403,

I want to know what is that company's tax document ? I am working for the product company (funded by VC,not a public).And I am not sure what I should carry for the interview,

Thanks,
 
Thank you........

My friend is tacking all the tax returns including his company tax returns also.

Both he and his wife attended the interview and he paid fee for both of them and all the orignials are with the consualte.

Since they are filing for Divorce..I think it takes 6 months to complete the divorce process in India.... because of divorce he doesn't want to support for his wife with green card..... can he withdraw the green card process for his wife....what is the procedure. ???

He donesn't wants to wait till 6 months complete the Divorce process....he wanted to go now to the consualte alone go get his visa. I hope he can go alone and get his visa. does he need to take any additional documents. ???

Does he need to carry DS 230 I & II to mention that they are seperated???

I think my guessing is he can go alone now to get his visa....
once he got his visa he can withdraw the process for his wife.....does he need to withdraw before getting his visa???

please reply as soon as possible.

Thanks
Kumar
 
kumar:

....what is the procedure. ???

ANSWER: Just inform the consular officer of the status of the marriage and he shuld be able to note the account. But, i think if the spouse wants she can still get the green card based on the marriage depending on how long the marriage lasted. DEcision of the spouses for divorce does not go into effect until the court decides so. Frankly speaking the divorce should not affect his GC approval and if she desires to get the gc status she should be able to do so before the divorce goes into effect provided she can prove he financial standing / support in usa.

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does he need to take any additional documents. ???

Answer: HE can go alone to the interview citing reason for his spouses absence (if asked). HE needs to carry all required documents as prescribed in ds 2001. Not sure what you mean by addtional documents.

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Does he need to carry DS 230 I & II to mention that they are seperated???

Answer: HE is technically considered divorced only after the court ruling not until then. I know what your friend is trying to do!But just let him know the above.

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I think my guessing is he can go alone now to get his visa....
once he got his visa he can withdraw the process for his wife.....does he need to withdraw before getting his visa???

Answer: HE can go alone without fear of affecting his gc approval decision. Is your friend more concerned about him getting gc or about making sure his spouse does not get the gc? Whats the deal here!!
 
Thank you.........

Can my friend just inform the consular officer saying that we filed for a divorce on that date when he goes for an interview...??? does he needs to carry the divorce filing paper.

since the divorce period takes 6 months in India and if she doesn't get her visa before the divorce then she can not get her visa after the divorce.....???

He is thinking that since his wife doesn't want to stay with him....his intension is not to get his wife visa...before the divorce???

but my guessing is....to get his wife visa he has to provide I-134 for the financial support right. without that she can not get it???

anybody can provide the 1-134 for his wife to get her visa...other than my friend???

Thanks
Kumar
 
kumar:

Can my friend just inform the consular officer saying that we filed for a divorce on that date when he goes for an interview...??? does he needs to carry the divorce filing paper.

Answer: YEs he can if he wishes but that MAY not stop his wife from attending the interview based on the gc application and get approval. I would advice your friend to make sure he focusses more on his getting GC and not in making sure his wife does not get it.

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since the divorce period takes 6 months in India and if she doesn't get her visa before the divorce then she can not get her visa after the divorce.....???

Answer: There is nothing like a 6-month rule for divorce since i know if someone who filed for divorce in 1989 and the divorce has not gone through and now their child is his teens.

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He is thinking that since his wife doesn't want to stay with him....his intension is not to get his wife visa...before the divorce???

Answer: It is fine for his wife to get the gc (if she desires the gc) but not stay with him and she need not be a burden on him.
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but my guessing is....to get his wife visa he has to provide I-134 for the financial support right. without that she can not get it???
anybody can provide the 1-134 for his wife to get her visa...other than my friend???

Answer: If she wishes she can file an exception and get the affidavit of support filed by another resident of usa who on paper is willing to support her after gc approval or if she has a job then she can use that as a case for dependency.
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Bottom line, have your friend consult an attorney so that he knows what he really wants.
 
Thank you.......You are right.

He has to concetrate on getting his GC.

one more question, suppose if he goes to interview and got the visa. but she has not got the visa still....
Incase the Divorce process completed in 6 months and both of them got divorced.
can she go for a interview after the divorce to get a visa......I don't think she can go to interview after the divorce......??? if she can get a visa before the divorce then it is ok otherwise it is not possible to get it.???

One more question regarding marrying again.
He wanted to marry again after the divorce. But what is the procedure to get a Permanent resident visa for his second wife ...... ?? does it takes a long time to get a visa for his second wife or less time ?? can he send directly to CP interview as soon as he got married to second wife.

Thanks
Kumar
 
kumar:

I don't think she can go to interview after the divorce......??? if she can get a visa before the divorce then it is ok otherwise it is not possible to get it.???

Answer: You are right assuming the divorce is legally complete and not in proceeding. Here again the assumption is their marriage has lasted more than 2 years as on the date of the approval. Else if their marriage is less than 2 years as on the date of the cp approval, then she will get what is called a conditional LPR status and only after completing 2 years she will getting full LPR status. (refer the link given above)
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One more question regarding marrying again.
He wanted to marry again after the divorce. But what is the procedure to get a Permanent resident visa for his second wife ...... ?? does it takes a long time to get a visa for his second wife or less time ?? can he send directly to CP interview as soon as he got married to second wife.

Answer: ASsuming he gets married after he gets the cp approval but before decoming a usa citizen then it is averaging about 4-5 years for spouse to get a GC. But if he becomes a usa citizen and then gets married then spouse will get GC status within months. OR always the option is to marry someone who is on h-1b status already in usa. The most optimal scenario that you are thinking off is he gets divorced before his cp interview, gets married 2nd time and then includes his new spouse on his cp process and then attends the interview in which scenario both will get gc status but with this option you are lookng at the time it take to legally complete the divorce + time to get married again + 2-3 months after that to get cp interview.

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