Paying back tax moving from J-1 to marriage based visa
Aug 8th 2011, 5:15 pm
#1
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Joined: May 2007
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Paying back tax moving from J-1 to marriage based visa
Hi Everyone,
I'm currently on a J-1 research scholar visa, so I don't have to pay income tax in the US or UK for two years. However, the back tax becomes due (plus anything forwards) if the two year limit is overstayed.
I am engaged to a wonderful woman, and I'm wondering how the change in visa will affect my situation. I know that caleyjag had a similar experience, but I don't know if the move to the "O" visa meant that the back taxes didn't have to be repaid.
Any help or tips would be greatly appreciated!
I'm currently on a J-1 research scholar visa, so I don't have to pay income tax in the US or UK for two years. However, the back tax becomes due (plus anything forwards) if the two year limit is overstayed.
I am engaged to a wonderful woman, and I'm wondering how the change in visa will affect my situation. I know that caleyjag had a similar experience, but I don't know if the move to the "O" visa meant that the back taxes didn't have to be repaid.
Any help or tips would be greatly appreciated!
Aug 8th 2011, 5:23 pm
#2
Joined: Aug 2004
Location: Eugene, OR
Posts: 1,352
Re: Paying back tax moving from J-1 to marriage based visa
If it were me, I would return home before the J-1 visa ends and have my fiance apply for a fiance or spousal visa for me.
Perhaps she can start the application process before your J-1 is up to limit the amount of time you will have to be back in the UK.
Perhaps she can start the application process before your J-1 is up to limit the amount of time you will have to be back in the UK.
Aug 8th 2011, 5:30 pm
#3
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Re: Paying back tax moving from J-1 to marriage based visa
Thanks avanutria,
This is indeed our plan.... we're hoping to get married in April here in the US. My 2 year limit is up in November 2012. Hopefully April-November will be enough time to get the marriage based visa through.
This is indeed our plan.... we're hoping to get married in April here in the US. My 2 year limit is up in November 2012. Hopefully April-November will be enough time to get the marriage based visa through.
Aug 8th 2011, 6:22 pm
#4
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Re: Paying back tax moving from J-1 to marriage based visa
caleyjag had to pay the back taxes owed since he did not complete the 2 year home residency requirement.
http://britishexpats.com/forum/showthread.php?t=626424
http://britishexpats.com/forum/showthread.php?t=626424
Aug 8th 2011, 6:28 pm
#5
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Posts: 31
Re: Paying back tax moving from J-1 to marriage based visa
Hi Michael,
That thread doesn't answer the question - it remains unanswered. If anything, it sounds like the back taxes weren't going to be owed since someone at the IRS told caleyjag:
"He said that provided that I leave the US and return under a different visa I have fulfilled my tax treaty exemption conditions and will not have to pay backtaxes. He said the return to the UK could be as short as one day (!) provided I come back under a different visa."
That thread doesn't have a conclusion and is closed. Also, I'm not sure where the notion of a two-year home residency requirement comes from. My J-1 visa doesn't specify that I have to return to the UK for 2 years before returning to the US. Typically, that is only a condition on J-1 visas that are issued for governmental work.
That thread doesn't answer the question - it remains unanswered. If anything, it sounds like the back taxes weren't going to be owed since someone at the IRS told caleyjag:
"He said that provided that I leave the US and return under a different visa I have fulfilled my tax treaty exemption conditions and will not have to pay backtaxes. He said the return to the UK could be as short as one day (!) provided I come back under a different visa."
That thread doesn't have a conclusion and is closed. Also, I'm not sure where the notion of a two-year home residency requirement comes from. My J-1 visa doesn't specify that I have to return to the UK for 2 years before returning to the US. Typically, that is only a condition on J-1 visas that are issued for governmental work.
Aug 12th 2011, 2:58 pm
#6
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Joined: May 2007
Posts: 31
Re: Paying back tax moving from J-1 to marriage based visa
Hi Michael,
That thread doesn't answer the question - it remains unanswered. If anything, it sounds like the back taxes weren't going to be owed since someone at the IRS told caleyjag:
"He said that provided that I leave the US and return under a different visa I have fulfilled my tax treaty exemption conditions and will not have to pay backtaxes. He said the return to the UK could be as short as one day (!) provided I come back under a different visa."
That thread doesn't have a conclusion and is closed. Also, I'm not sure where the notion of a two-year home residency requirement comes from. My J-1 visa doesn't specify that I have to return to the UK for 2 years before returning to the US. Typically, that is only a condition on J-1 visas that are issued for governmental work.
That thread doesn't answer the question - it remains unanswered. If anything, it sounds like the back taxes weren't going to be owed since someone at the IRS told caleyjag:
"He said that provided that I leave the US and return under a different visa I have fulfilled my tax treaty exemption conditions and will not have to pay backtaxes. He said the return to the UK could be as short as one day (!) provided I come back under a different visa."
That thread doesn't have a conclusion and is closed. Also, I'm not sure where the notion of a two-year home residency requirement comes from. My J-1 visa doesn't specify that I have to return to the UK for 2 years before returning to the US. Typically, that is only a condition on J-1 visas that are issued for governmental work.
In the meantime, if anyone else has insights into this kind of tax situation, I'd love to hear it
