want to know

[bandieandy]

Hi

 

After talking to my wife, she wanted me to ask.. Will it make a diff. if she does not have a job right now.. She quit her job before I came to China so she could spend all her time with me.. She works something like a part time job for cash, writing... would it make a diff. at the interview if they ask.. I do not think so and told her so.. But she worries about everything, wants all to go easy with no prob.

[keelec]

I haven't heard of anybody having problems related to not working. I believe the questions are more related to whether certain occupations would in sensitive areas like Nuclear Weapons Technician

 

It has been a while since I looked at the DS-230. Does it ask about employment? Or is the only employment stuff on the G-325A? If it is only on the G-325A, that would not show a significant gap in employment and it would not be an issue.

 

I assume that you have adequate finances to cover the Affidavit of Support.

 

---- CK ----

[bandieandy]

YES MORE THAN ADEQUATE , FOR HER AND OUR SON.. I THINK IT WAS THE GAP IN EMPLOYMENT THAT IS WORRYING HER.. I HAVE TOLD HER DO NOT WORRY ALL IS FINE.. SHE COMES HERE TO READ, AND I THINK SOME TIMES GETS CONFUSED ON WHAT SOME PEOPLE SAY..

 

THANKS

[yave20b]

From the standpoint of getting the visa, as far as I know, it should make no difference. However, after the BCIS and Consulate in Guangzhou get through abusing you, then the IRS will add insult to injury by making you pay income taxes on all the money that your fiancee earned in China during the year, if she worked ANYTIME in China during the year, you are married. I went through this 25 years ago with my first wife, who was from Japan, here studying in the US. She went back to Japan to work as a teacher for about 6 months while we waited for our then much simpler K1 visa to be processed. We were married in late December of that year, and when I filed for income taxes for that year, I was informed that I would have to pay taxes on all the income she earned in Japan that year. Just something to consider I think many people may not be aware of....because I was not at the time.

[warpedbored]

From the standpoint of getting the visa, as far as I know, it should make no difference.   However, after the BCIS and Consulate in Guangzhou get through abusing you, then the IRS will add insult to injury by making you pay income taxes on all the money that your fiancee earned in China during the year, if she worked ANYTIME in China during the year, you are married.  I went through this 25 years ago with my first wife, who was from Japan, here studying in the US.   She went back to Japan to work as a teacher for about 6 months while we waited for our then much simpler K1 visa to be processed.  We were married in late December of that year, and when I filed for income taxes for that year,  I was informed that I would have to pay taxes on all the income she earned in Japan that year.  Just something to consider I think many people may not be aware of....because I was not at the time.

Wow Al My first wife is from Japan also. We were married in 1980 and I claimed her on my taxes as well but never heard a peep from the IRS and we never claimed any of the income she earned in Japan that year.

[frank1538]

Wow Al My first wife is from Japan also.  We were married in 1980 and I claimed her on my taxes as well but never heard a peep from the IRS and we never claimed any of the income she earned in Japan that year.

After 24 years, I'm going to guess that the statute of limitations has run on the government's ability to make an assessment.

 

Incidentally, Jingwen was not working when we applied for her K-1 - no problem. Nor were the kids.

[keelec]

The IRS will add insult to injury by making you pay income taxes on all the money that your fiancee earned in China during the year, if she worked ANYTIME in China during the year, you are married.

I thought I saw this discussion earlier.

 

When your wife is in China, you are in the USA, you can file as married (thus you use a lower tax rate), but you generally do not deduct her as a dependent (I think).

 

You may need to report her income, but I believe that it is all supposed to be deducted somewhere. (of course, I filed K1 and never got that far).

 

However, since I have no actual experience with this, read the forms and talk to the IRS. Perhaps other K3 applicants will chime in.

 

----- Clifford -----

[johnxiaoying]

I had a CPA prepare my taxes for 2003. He put down my wife as an exemption and added in her income on line 21 of form 1040. From what he said the income was not excludable. I assume it is only excludable if the US citizen has the earned foreign income.

[yave20b]

When I married my first wife from Japan about 24 years ago, I had H&R Block prepare my taxes. At that time, they told me that I must pay taxes on all income she earned in Japan that year before we were married. But I never really had a lot of faith in their information but never bothered to look into it again. For those who were,or are, in the same situation as mine and didn't, or don't, pay taxes on their fiancee's earnings in their foreign country the year they were, or are, married - how would the IRS know how much they earned, or if they even earned anything, at all? In the case of China, where records are unknown, I'd like to see the IRS figure out how much money our Chinese fiancees made. That would be a feat as spectacular as cold fusion! But at this point, who cares? All we really care about is getting our fiancees here to America.

 

Frank, it seems we have a lot in common with the Japanese first wives 24/25 years ago.

[jkobman]

To call another of our good friends in the US Govt, the IRS help line is

1-800-829-1040

 

Almost everytime I called, I got someone who knows what they are talking about.(Only one dumdum) If you are not sure if you have reached "DumDum Central at the IRS" , call twice. Also, ask them to give you a reference to their answer (tax code or something) so you can go back and refer to it.

 

...or, just don't declare it. WHo are they going to call, Beijing? ("hello, this is the IRS in Washington DC" ....(Chinese response) ...."Sir, could you repeat that?"......(same Chinese response 2x....3x.....)...." ad infinitum

 

[Bobby]

After talking to my wife,  she wanted me to ask..    Will it make a diff.  if she does not have a job right now..  She quit her job before I came to China so she could spend all her time with me..    She works something like a part time job for cash,  writing...  would it make a diff. at the interview if they ask..        I do not think so and told her so.. But she worries about everything, wants all to go easy with no prob.

It doesn't make a difference. We wrote, "UNEMPLOYED" on my wife's forms and didn't have a problem at all. Keep in mind, though, that up until about 4 months before her interview she was employed and we recorded that employment history when it asked (she left her job because she was not happy with it and was working long hours with little pay). She wasn't asked anything about a job or being employed at her interview.

 

I do believe I remember someone once saying that at their AOS interview, the wife was asked if she had tried to get a job or was working while in the US. I think that question was coupled with one wanting to know if she worked illegally at all (ie, with no EAD). Not sure on that one, though.

[bubbafred10]

The IRS will add insult to injury by making you pay income taxes on all the money that your fiancee earned in China during the year, if she worked ANYTIME in China during the year, you are married.

I thought I saw this discussion earlier.

 

When your wife is in China, you are in the USA, you can file as married (thus you use a lower tax rate), but you generally do not deduct her as a dependent (I think).

 

You may need to report her income, but I believe that it is all supposed to be deducted somewhere. (of course, I filed K1 and never got that far).

 

However, since I have no actual experience with this, read the forms and talk to the IRS. Perhaps other K3 applicants will chime in.

 

----- Clifford -----

 

I read in VisaJourney that one can file jointly, and claim two exemptions, but must show both incomes. Income of the non USC spouse is not taxable. I think if it is below a certain amount.

[Carl]

I claimed Ying on my taxes this year. All I did was to have her sign a W-7, which was for an interim tax ID number. I only used my income, which was more than enough to support her. The IRS did not ask or require me to list her income on my taxes, nor did I volunteer the information.

 

Don't make it any harder than you have to...... My personal mantra is.... KISS (Keep It Simple Stupid)