+1-800-997-1228
Questions & Answers

Do I need to file U.S. taxes if I obtain a Schedule K-1 form from my regional center?

I have an approved I-526 petition and I am currently waiting for consular processing. Meanwhile, I received a Schedule K-1 form from my regional center regarding interest on my investment. I wonder if I am required to file U.S. taxes on this Schedule K-1 before I complete consular processing and receive a green card.

Answers

  • Avatar

    BoBi Ahn

    Immigration Attorney
    Answered on

    This question may be better addressed by a CPA or a tax attorney, but my understanding is that until you have obtained lawful permanent resident status and/or also depending on how many days you have been in the U.S. you may not be subject to U.S. tax.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    Check with an international tax person. It may depend on how many days you have spent in the U.S. You have to pay taxes on your worldwide income once your conditional residence is approved but should check any tax treaties between your country and ours.

  • Avatar

    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    No, you do not have to file any tax returns.

  • Avatar

    Daniel A Zeft

    Immigration Attorney
    Answered on

    You should contact a U.S. accountant who understands your situation.

  • Avatar

    Dale Schwartz

    Immigration Attorney
    Answered on

    It depends on the amount you earn in the USA. Ask an accountant.

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    For single dependents who are under the age of 65, you generally must file a federal income tax return if your unearned income (such as from ordinary dividends or taxable interest) was more than $1,050 or if your earned income (such as from wages or salary) was more than $12,000.

Add your comment

Use a Facebook account to add a comment, subject to Facebook's Terms of Service and Privacy Policy. Your Facebook name, photo & other personal information you make public on Facebook will appear with your comment.