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Before applying for a family-based GC

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  • Before applying for a family-based GC

    My husband is a H1B VISA holder and I'm his dependent (H4) in the US. His brother is likely to sponsor our GC. We are conducting our research regarding the documents required and the procedure and we learned from some source that I may be required to close my bank accounts in India as we start the process. Considering that obtaining a GC via this route could take years, it seems a little unlikely that it is required of me to close my Indian bank accounts. Please advise.

  • #2
    You will not be required to close your Indian bank accounts, regardless if you're a H visa holder, permanent resident, or citizen of the United States

    However, as a tax resident in the United States, you will be required to declare and pay taxes on your income from these accounts (with a credit to offset taxes already paid abroad), and you will be required to declare your foreign accounts if you have US$10,000 equivalent or more at any time of the year

    As a H-4 visa holder residing in the United States, you may already be a US tax resident because of your physical presence

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    • #3
      About H1B sponsor

      I don't think you need your brother in law to sponsor you. Since your husband is on an H1B, you can apply for adjustment of status.
      Not legal advice.

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      • #4
        Originally posted by inadmissible View Post
        You will not be required to close your Indian bank accounts, regardless if you're a H visa holder, permanent resident, or citizen of the United States

        However, as a tax resident in the United States, you will be required to declare and pay taxes on your income from these accounts (with a credit to offset taxes already paid abroad), and you will be required to declare your foreign accounts if you have US$10,000 equivalent or more at any time of the year

        As a H-4 visa holder residing in the United States, you may already be a US tax resident because of your physical presence
        Thanks for your response!

        - - - Updated - - -

        Originally posted by NettieL View Post
        I don't think you need your brother in law to sponsor you. Since your husband is on an H1B, you can apply for adjustment of status.
        Thank you!

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