# Tax E3/B2 Question



## tglover (Feb 7, 2012)

Hi All 

Working in vegas on the E3 VISA (moving over to H1B at the moment).

Anyway I have been here for 9 months and its tax time. My partner (same sex) is on a B2 Cohabiting VISA (12 months, has to leave and return indefinitely to keep it).

So from what I understand I have to file tax as a single person, I am claiming my moving costs but can I also claim his (flights to the US, etc), or not? (If were were married/same sex he would be under the E3-D and we could).

I am not sure if legally he is a "dependent" because he is here on a visitor visa (linked to mine), cannot work etc (I support us)... he can't even get a US drivers license.

I am about to see HR Block on the weekend for tax return, but I figure this kind of information is not generally known so figured I would ask here first.

Thanks all


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## twostep (Apr 3, 2008)

tglover said:


> Hi All
> 
> Working in vegas on the E3 VISA (moving over to H1B at the moment).
> 
> ...


There is no such thing as a US drivers license. This falls under state jurisdiction and NV does not consider someone with B2 as resident.

Federal law does not recognize your relationship as married so he is not a legal dependent for tax purposes.

Why is his B2/I94 not tied to your's?


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## tglover (Feb 7, 2012)

Not sure of terminology but his B2 COHAB VISA does say in his passport that it is linked to mine (E3).

Company I work for did both of our applications (and moving me to H1B now as they are in cycle, assuming it doesn't affect his VISA).

Yeah I didn't think so, but it would have been nice to claim the $2600 flight for him


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## twostep (Apr 3, 2008)

tglover said:


> Not sure of terminology but his B2 COHAB VISA does say in his passport that it is linked to mine (E3).
> 
> Company I work for did both of our applications (and moving me to H1B now as they are in cycle, assuming it doesn't affect his VISA).
> 
> Yeah I didn't think so, but it would have been nice to claim the $2600 flight for him


I-94 determins the duration of his stay. Generally it gets issued for the duration of the "mother visa". Maybe you can look into it as you are moving to H1B. I cannot tell you if his B2 moves over to your H1B. Have you spoken with HR/Legal?

Can you/he deduct his airfare on the Australian tax return?


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## tglover (Feb 7, 2012)

twostep said:


> I-94 determins the duration of his stay. Generally it gets issued for the duration of the "mother visa". Maybe you can look into it as you are moving to H1B. I cannot tell you if his B2 moves over to your H1B. Have you spoken with HR/Legal?
> 
> Can you/he deduct his airfare on the Australian tax return?


My E3 VISA is for 2 years, and for some reason they would only do B2 for 6 months or 12 months (and even the 12 months is at the discretion of the officer).

Yeah HR/Legal here are looking into it if he can stay on B2, has to have a new one issued or H4 (I doubt H4 though for same sex, but maybe after the obama immigration promises come in!)


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## twostep (Apr 3, 2008)

tglover said:


> My E3 VISA is for 2 years, and for some reason they would only do B2 for 6 months or 12 months (and even the 12 months is at the discretion of the officer).
> 
> Yeah HR/Legal here are looking into it if he can stay on B2, has to have a new one issued or H4 (I doubt H4 though for same sex, but maybe after the obama immigration promises come in!)


This is odd but it is what it is. No H4 at this point.


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## Bevdeforges (Nov 16, 2007)

A B2 visa specifically does not grant your partner residence in the US, and no, his flights are not deductible on your US taxes. (If you were married, only direct moving expenses on behalf of any dependent would be deductible, not regular "visits" back to the old country.) Your partner cannot be claimed as a "dependent" because officially he is not living with you (because he is expected to maintain his residence back home).

They are talking about making changes to US immigration policy, but I wouldn't expect anything radical to happen quickly.
Cheers,
Bev


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## tglover (Feb 7, 2012)

Bevdeforges said:


> A B2 visa specifically does not grant your partner residence in the US, and no, his flights are not deductible on your US taxes. (If you were married, only direct moving expenses on behalf of any dependent would be deductible, not regular "visits" back to the old country.) Your partner cannot be claimed as a "dependent" because officially he is not living with you (because he is expected to maintain his residence back home).
> 
> They are talking about making changes to US immigration policy, but I wouldn't expect anything radical to happen quickly.
> Cheers,
> Bev


Yeah, I was only claiming the initial move/relocation costs and only for myself now  I wouldn't be so pedantic but moving was more expensive than I thought and every little bit counts (not meaning to whinge too much as this is the same for any expat in any country, but car insurance for my partner with no NV license is $250 a month, car lease is limited to VISA duration so was 20 months, double deposits on every utility/bond etc, it adds up). That said, still loving it here and no regrets 

I also don't want to commit any kind of tax fraud.

Also thanks to both you and twostep, you also responded to my inane questions when i first moved


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## twostep (Apr 3, 2008)

tglover said:


> Yeah, I was only claiming the initial move/relocation costs and only for myself now  I wouldn't be so pedantic but moving was more expensive than I thought and every little bit counts (not meaning to whinge too much as this is the same for any expat in any country, but car insurance for my partner with no NV license is $250 a month, car lease is limited to VISA duration so was 20 months, double deposits on every utility/bond etc, it adds up). That said, still loving it here and no regrets
> 
> I also don't want to commit any kind of tax fraud.
> 
> Also thanks to both you and twostep, you also responded to my inane questions when i first moved


Quit whining:>) Moving is not cheap no matter how you skin that cat. BTW - I have two with their coats ON.

Back to reality. Why did you put him on utilities, ...? Why is the leasing a car instead of being a driver?


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## tglover (Feb 7, 2012)

twostep said:


> Quit whining:>) Moving is not cheap no matter how you skin that cat. BTW - I have two with their coats ON.
> 
> Back to reality. Why did you put him on utilities, ...? Why is the leasing a car instead of being a driver?


Nah he is on no utilities or car... the only thing he is on is my checking account/debit card (they refuse to put him on my "credit" card without a SSN.

He is a designated driver on the policy (i was told by insurance I can't not put him on it if he lives at the primary residence and drives the car even occasionally), but that pushes the policy up a bit. I am using one recommended by my company as geico etc won't insure him, but if anyone here has any alternatives I am open for it 

No regrets so far  Wish I had gone the H1B first, 3 year lease on car!


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