kwn

Answer is in IRS Pub 54. Unfortunately, passive collection of foreign rental income is unearned income and does not qualify. If person is actively involved in generating the rent, then up to 30% of the rental income may be considered earned income, and therefore eligible for the exclusion. Unearned foreign income will have to be reported on Form 1040, if non-resident spouse elects to be taxed as a full year resident. First and foremost, Do not use the H&R block software to do your taxes if you are filling out Form 2555. After I was through I found 3 gross errors which would have cost me over 600$. I am not sure how good the other tax software is. You will have to use Form 1040 1. You will claim her income on Line 7. My wife only worked the first 6 months of 2008. I just used her monthly income and converted it to dollars using the average monthly conversion rate. I put this on a spreadsheet and have a copy for my records. Since there is no record of her salary I am treating it the same way I would treat tips. Unless her income is over ~85,000$, the amount is a moot point (as long as you are close). You will be deducting the same amount from the total income 2. fill out Form 2555EZ ¨C You can use form 2555, but it is a lot of unnecessary work if she made less than ~85,000$ 3. You will record the amount on line 21 as a negative number (unless she made over ~85,000$) and subtract it from the total income. 4. You will also have to make a statement to the IRS that your wife will be considered a resident alien when it comes to taxes for 2008. That is explained in Pub. 54.

Thanks. I forgot to ask. What if she also has some rental income in 2008 from her apartment in China? How is this reported? Is this foreign rental income eligible for exclusion as well? First and foremost, Do not use the H&R block software to do your taxes if you are filling out Form 2555. After I was through I found 3 gross errors which would have cost me over 600$. I am not sure how good the other tax software is. You will have to use Form 1040 1. You will claim her income on Line 7. My wife only worked the first 6 months of 2008. I just used her monthly income and converted it to dollars using the average monthly conversion rate. I put this on a spreadsheet and have a copy for my records. Since there is no record of her salary I am treating it the same way I would treat tips. Unless her income is over ~85,000$, the amount is a moot point (as long as you are close). You will be deducting the same amount from the total income 2. fill out Form 2555EZ ¨C You can use form 2555, but it is a lot of unnecessary work if she made less than ~85,000$ 3. You will record the amount on line 21 as a negative number (unless she made over ~85,000$) and subtract it from the total income. 4. You will also have to make a statement to the IRS that your wife will be considered a resident alien when it comes to taxes for 2008. That is explained in Pub. 54.

I am filing a 2008 joint return with my wife electing to be considered resident for whole year. She has some 2008 income in China. How does one report this income since she has no W-2 in China? Will IRS ask for proof? Anyone has experience with this? Thanks. You can deduct anything you want, as long as you're not caught. Perhaps he found a category to sneak them under. Hope he's not caught.

We got our notification throught the USCIS Online system. Hopefully yours should be anytime now too.

I have posted my timeline for comparing processing times. Good luck to all.

Oops, sorry, guys, missed out the two lines in bold. Need new glasses. Thanks.

I have a question on I864, Number of people in household. No of sponsored immigrants: 2 Self : 1 If you are married, enter 1 : 1 Total=4 that will be counting wife and SO twice. Should I just leave the third line for married blank? Thanks

Randy, I guess I am trying to find out if I can claim my stepchild for the qualifying child credit. He meets all the conditions. I am just not clear about the resident alien condition for his first year of living in this country. If he lives here for more than half a year, is he a resident alien or dual status? Thanks. If the child has been in the US for 183 days or more you can claim him/her as a dependent and for the child tax credit and earned income or any other tax matter you woulkd claim a natural child born in the usa. Been there done that! That's a fact and once we explained the $1000 benefit to my wife's family we were told to return to the US from GZ immediately after receiving son's visa and arrived in the US on July 1 with 2 days to spare. I decided to call IRS to find out and I was told "Was child a resident alien?" is meant to be for the whole tax year. Now, if the K-2 arrives in the US, according to Pub 519, he or shewill be dual status in the first year of residency. Is my interpretation correct?

Thanks, Randy kwn

Randy, I guess I am trying to find out if I can claim my stepchild for the qualifying child credit. He meets all the conditions. I am just not clear about the resident alien condition for his first year of living in this country. If he lives here for more than half a year, is he a resident alien or dual status? Thanks.

Hi friends, Couple of questions for those who may be in the know. 1. If K-1 beneficiary makes 1st year choice and opts to be treated as resident for the tax year, does her K-2 child also become a resident alien for tax purposes? I am thinking specifically of the resident alien condition that has to be met in order to claim the qualifying child credit. 2. Can USC then claim the child tax credit for the K-2 stepchild (assuming all other conditions for child credit are met)? Thanks

You are right, considered the proxy route but in the end, decided to just send her for another trip. We'll see how it goes. Sure is difficult to relax until actual visa is in hand. Thanks, and all the best to you too.

Hi Darnell, I have seen the actual letter. Basically it is the same as what shyaushu described in his posts. There are 3 boxes; 'Congrats, your immigrant (or K) visa application has been approved, we now only require the passport(s) of the approved applicant(s) for printing.' Two other possible boxes are '...will be approved upon submission of additional certs (Unmarried, Police, etc)' and 'we must conduct a seconf interview...' My SO got No 1 box checked off, to my relief. It is called the Call-in Letter, Form GUZ-LF1. It is sent via EMS. It gives instructions to hand in this letter and passports between 2-3 pm on Mon, Tue or Wed. If more than one passport, only one person need go. Still could not find anything about the empowering of a representative in the link provided to the Consulate website. Maybe I did not look closly enough. Thanks.

http://www.usembassy-china.org.cn/guangzho...or%20tianyu.htm Maybe this is what you desire Thanks. However this is not the document I am referring to. I read ithe instructions for it on the back page of a blue card. If somebody has a recent blue card, they will be able to read it. It is the paragraph just below the paragragh that describes the mail-in instructions for overcome evidence.

Hi, Has anyone seen a sample of a letter that authorizes another person to bring in the call-in letter and passport, and also to pick up the visa when it is ready? I remember reading somewhere the Consulate said there is a template on their website, but I can't find it on their website. Thanks.

Hi Friends, After GUZ receives the mailed in overcome evidence, GuZ says they will send a response by mail. Assuming the outcome is positive, what is in the mailed response by GUZ? Are there any additional forms to be filled out and brought to the IVU? Is it just a letter informing the beneficiary to return with the passports? If beneficiary lives far away, can she do a power of attorney and have someone hand in the passport for her? If so, does the person need any documents from the GUZ mailed response in order to hand in and collect the passport? Anyone with experience on this? Thanks.

Hi friends, If P-3 forms cannot be located at the Consulate even though they have been signed for at the White Swan Hotel, does anybody know if Consulate will accept a duplicate photocopy set of the completed forms? Or does one want have to redo an entirely new set with original signature? Thanks. kwn

Clayton, Thanks a lot. A relief to know. kwn

EMS Clayton Thanks, Clayton. However if P-3 is sent 3/4 by EMS, todays is already 3/10. Should EMS take so long? I thought EMS is like next day kind of service. Anybody has any experience in this matter?

Does Guangzhou send the P-3 package by ordinary mail, or EMS, or registered? Thanks.

Just want to make sure P-3/4 documents go to right place. Is this the current mailing address of Guangzhou Consulate? Thanks. United States Consulate Guangzhou 1 Shamian South Street Guangzhou, 510133 PRC

Yes, you are correct. Can't post a sample, has all personal information, sorry. Thanks Mike appreciate it

It will say: This is to certify that the English-translated copy of XXXX-XXXXX-XXXX NOTARIAL CERTIFICATE, which is attached hereto, is in conformity with the original Chinese language copy of the Notarial Certificate in question. Notary:xxxxxx xxxx Notary Public Office xxxcity, xxxx Province P.R.China January xx, xxxx (it is not hand signed by the notary, only typed, red stamped and blue inked) Thanks Mike. So am I correect, each document wiil have the following: 1. The Chinese original 2. A translation of the Chinese original 3. The above translation certification in Chinese 4. A translation of Item 3 If you have a sample you can post, that will be great.

Hi Doug Lulu did her medical exam at First SH hospital too. Yes, she went back in 3 days to pick up the result in the sealed envelope and the x-ray. Then she did her shots at GZ after the interview. Best wishes, Gino & Lulu Hi Gino, Did your certificates have the following certification, or words to that effect? (in both Chinese and English) by the GongZhengChu? Can you post a sample? Thanks. Certification by Translator I typed name , certify that I am fluent (conversant) in the English and languages, and that the above/attached document is an accurate translation of the document attached entitled . Signature Date Typed Name Address