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Paying back tax moving from J-1 to marriage based visa

Paying back tax moving from J-1 to marriage based visa

Old Aug 8th 2011, 5:15 pm
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Default 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!
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Old Aug 8th 2011, 5:23 pm
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Default 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.
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Old Aug 8th 2011, 5:30 pm
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Default 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.
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Old Aug 8th 2011, 6:22 pm
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Default 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
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Old Aug 8th 2011, 6:28 pm
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Default 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.
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Old Aug 12th 2011, 2:58 pm
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Default Re: Paying back tax moving from J-1 to marriage based visa

Originally Posted by buzwad View Post
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.
I've sent an email to caleyjag to see if we can round off the aforementioned post.

In the meantime, if anyone else has insights into this kind of tax situation, I'd love to hear it
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