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Wednesday, December 27, 2006

And so it goes

The internet has been off and on due to an earthquake that hit Taiwan, so I will keep this short in order to not tempt the thing to shut me out again.

No call today, I hate typing that. No call.

What that means:
For me to make my flight on the 29th I will have to get a call tomorrow asking me to come in same day OR get a call tomorrow for an appointment on Friday and they will issue a same-day visa….NEITHER of which is something they do.

In other words I will be spending New Year’s in Vietnam. Brian will by flying over to help me finish the journey seeing as it is a new year and new round of vacation. I look forward to seeing him, but was really looking forward to seeing my whole family.

Not sure how the tax thing works out…as of Dec. 13 I am their mother but am figuring it isn't that easy. I have a feeling that even though they are the ones delaying my coming home the US gov’t will say that the adoption doesn’t count until they are US Citizen’s. This is going to really hurt us financially between not getting the adoption credit this year and buying another international flight ticket. I am not sure I will be able to be a stay at home mom anymore, that is the worst of it right there. Do not get me wrong, I like working and often miss having a job, but not staying home would be hard for these two little infants and also my girls who are homeschooled. It will take an already big adjustment and really complicate it all.

Dealing with it better than I thought I would, but very disappointed. I just can’t believe it and I am sure it will take some time to set in.

PS If any of my family out there knows how my Grandpa is doing, please post or email me as I haven’t heard much the last day or so and am a bit worried!


At 12/27/2006 9:08 AM , Anonymous Anonymous said...

Oh Jenn, I'm so sorry to hear that you may not get home by New Years Eve. I was so sure that things would finally fall into place for you all, and that you would get to come home to your families. I am going to continue to pray that there will be a miracle and that you will get to leave on the 29th as planned.



At 12/27/2006 10:15 AM , Anonymous Debbie said...

Grandpa is doing better. The neurologist said he shouldn't be alive. Hopefully we will bring him home in a day or two but they won't be back to Ohio for about 4 weeks. Just have to see how things go. His spirits are great and his humor just as always. There is a little muscle problem with his right arm and we are not sure about his legs as he hasn't been up walking yet. Just to the chair and back. We will be making him a bedroom in my diningroom as there are not bedrooms on the first floor and stairs aren't an option now. We are all very optimistic and thankful that we still have him. Keep him in your prayers. We pray for you daily and know that God will work all out for good. This week has been an amazing example of that for us here. We love you and think of you daily. Keep your spirits up and love those girls for all of us.
Love, Aunt Debbie

At 12/27/2006 10:32 AM , Blogger LawMommy said...

I *THINK* (not postive, but, I think) that the date of the adoption is the 13th. (The day the Vietnamese said you became their mother). I hope so.

At 12/27/2006 10:57 AM , Blogger Nicki said...

Keep the hope alive, Jenn! They can and do (all the time) issue same-day appointments. It happened several times when I was there just last month! They can NOT issue same-day visas, no matter how urgent the situation, becuase of the time change. THe visa has to be approved back in the States and that can't happen in the middle of the night, US-time. But definitely ask for early pick-up if you need it. Hoping you get the call!!!!!!!!

At 12/27/2006 12:06 PM , Blogger Nina said...

Jenn - I continue to pray for you that you are able to return to the states soon! I know this has been a very up and down trip for you and at some point, you need to catch a break! I will look into the IRS ruling on specific date of adoption and see what I can find. You may need to file for an extension or even an amended return, but that is not a big deal at all. Keeping my fingers crossed that you can make it home soon!

At 12/27/2006 12:38 PM , Blogger Nina said...

I got this from Tax Topic 607 on the IRs website.

"Although the credit generally is allowed for the year following the year in which the expenses are paid, a taxpayer who paid qualifying expenses in the current year for an adoption which became final in the current year, may be eligible to claim the credit on the current year return."

"The adoption credit or exclusion cannot be taken for a child who is not a United States citizen or resident unless the adoption becomes final."

Form 8839 Instructions have a link which will eventually take you here: http://www.irs.gov/irb/2005-26_IRB/ar18.html

It says:

Notice 2003-15 proposed a revenue procedure to establish certain safe harbors for determining the finality of the adoption of a foreign-born child who has received an “immediate relative” (IR) visa from the Department of State. The proposed revenue procedure provided:

(1) If the child receives an IR2 or an IR4 visa and enters the United States under a decree of simple adoption, the adoption will be treated as final in the taxable year in which a home state court enters a decree of re-adoption or otherwise recognizes the adoption decree of the foreign-sending country;

(2) If the child receives an IR3 visa, the adoption will be treated as final in the taxable year in which the competent authority enters the decree of adoption; and

(3) If the child receives an IR4 visa and enters the United States under a guardianship or legal custody arrangement, the adoption will be treated as final in the taxable year in which a home state court enters a decree of adoption.

The Service requested comments on the proposed revenue procedure. Several comments were received.

I also spoke with the IRS and had this information confirmed. As long as you come in with an IR-3 Visa, the adoption is considered final and you can take the expenses.

At 12/27/2006 6:46 PM , Anonymous Jodi said...

Well hey, at least you and Brian will have more time to bond with the girls before getting back to the grind of everyday life. This too shall come to an end shortly.

At 12/28/2006 12:29 PM , Anonymous molly said...

I'm just getting online for a bit from out of town......Your adoption was FINAL on the 13th by US and VNese law so you WILL be able to get the tax credits for 2006.

I did it this way for my first 3 before citizenship was immediate. So they were not citizens, but they were legally mine and we claimed the tax credit in the year of their G&R.

So you're all set!


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