The Good and The Bad....

shan87

Well I'm officially being background for a job. That's the good.

They asked me to confirm that my husband was in the Air Force (even though I never ever even hinted or mentioned it). EFF! That's the bad.
Followed by how long will he be here? I answered truthfully. Thank God he said that shouldn't be a problem. 

Well I've made it to the next stage which leaves me hopeful.

crownsuperstar

Wish you luck!!!
 
I had to do a background for one of my jobs and even though I had not done anything wrong I was worried that someone had stolen my identity and committed all kinds of crimes and now I would not be able to get this job.  Ok I need to stop watching Lifetime. 

kara811

I think you'll be fine Shan! Lots of luck! I hope you get it!!!!! =D

shan87

@CAL My background person said I have to get a local Driver's License in order to work there. Do you (or your FI) know if the Military Spouse Residency Relief Act would make me exempt from that rule?

SamiJoeB

Good Vibes for you Shan!!! Lots and Lots of Luck!!

calindi

In Response to <a href="http://forums.theknot.com/Sites/theknot/Pages/Main.aspx/special-topic-wedding-boards_military-brides_good-bad?plckFindPostKey=Cat:Special%20Topic%20Wedding%20BoardsForum:13Discussion:19fc62b3-1ed4-4de8-be3d-b134201b72fdPost:cef9c2a8-7387-4825-8b84-b2ea3645cc0b">Re: The Good and The Bad....</a>:
[QUOTE]@CAL My background person said I have to get a local Driver's License in order to work there. Do you (or your FI) know if the Military Spouse Residency Relief Act would make me exempt from that rule?
Posted by shan87[/QUOTE]

Hmm... I'll ask him.  I would say probably, but I guess it depends on why you need a local Driver's License?  I'll look it up.

Good luck with the background check!  That's scary that they found out he was Air Force.  I'm still trying desperately to hide FI's military associatin from my current employer, and I find myself almost slipping up once in awhile and letting the cat out of the bag.  I've finally told them he's Reserves just so if I drop some detail, they won't be totally shocked, but at least it doesn't have them wondering when we'll be moving.

ETA:  FI is studying, so I looked it up.  "The MSRRA does not affect whether a spouse must get a driver's license in the non-domiciliary State.  That is entirely a function of State law and is not affected by the MSRRA."  Basically, that's good news and bad news - the bad news is you might actually have to get a local license.  The good news is that it shouldn't affect your legal residence status in your 'domiciliary state'.

shan87

In Response to <a href="http://forums.theknot.com/Sites/theknot/Pages/Main.aspx/special-topic-wedding-boards_military-brides_good-bad?plckFindPostKey=Cat:Special%20Topic%20Wedding%20BoardsForum:13Discussion:19fc62b3-1ed4-4de8-be3d-b134201b72fdPost:48f3d987-9e62-446e-b884-2f21dd3ce6df">Re: The Good and The Bad....</a>:
[QUOTE]In Response to Re: The Good and The Bad.... : Hmm... I'll ask him.  I would say probably, but I guess it depends on why you need a local Driver's License?  I'll look it up. Good luck with the background check!  That's scary that they found out he was Air Force.  I'm still trying desperately to hide FI's military associatin from my current employer, and I find myself almost slipping up once in awhile and letting the cat out of the bag.  I've finally told them he's Reserves just so if I drop some detail, they won't be totally shocked, but at least it doesn't have them wondering when we'll be moving. ETA:  FI is studying, so I looked it up.  "The MSRRA does not affect whether a spouse must get a driver's license in the non-domiciliary State.  That is entirely a function of State law and is not affected by the MSRRA."  Basically, that's good news and bad news - the bad news is you might actually have to get a local license.  The good news is that it shouldn't affect your legal residence status in your 'domiciliary state'.
Posted by calindi[/QUOTE]

awesome thank you! I thought I had to have a Minnesota License to keep my res.

Irishcurls

Good luck Shan!!

I have a follow up question though, although this clearly tells me I don't have a good grasp on MSRRA. It doesn't make sense to me how you could have legal residence in place A and have a driver's license in place B? What determines where you "legally" reside then? Silly question?

shan87

In Response to <a href="http://forums.theknot.com/Sites/theknot/Pages/Main.aspx/special-topic-wedding-boards_military-brides_good-bad?plckFindPostKey=Cat:Special%20Topic%20Wedding%20BoardsForum:13Discussion:19fc62b3-1ed4-4de8-be3d-b134201b72fdPost:48f3d987-9e62-446e-b884-2f21dd3ce6df">Re: The Good and The Bad....</a>:
[QUOTE]In Response to Re: The Good and The Bad.... : Hmm... I'll ask him.  I would say probably, but I guess it depends on why you need a local Driver's License?  I'll look it up. Good luck with the background check!  <strong>That's scary that they found out he was Air Force.</strong>  I'm still trying desperately to hide FI's military associatin from my current employer, and I find myself almost slipping up once in awhile and letting the cat out of the bag.  I've finally told them he's Reserves just so if I drop some detail, they won't be totally shocked, but at least it doesn't have them wondering when we'll be moving. ETA:  FI is studying, so I looked it up.  "The MSRRA does not affect whether a spouse must get a driver's license in the non-domiciliary State.  That is entirely a function of State law and is not affected by the MSRRA."  Basically, that's good news and bad news - the bad news is you might actually have to get a local license.  The good news is that it shouldn't affect your legal residence status in your 'domiciliary state'.
Posted by calindi[/QUOTE]

He started the convo with "So you said your Husband is in the Air Force, right?" Actually, no I never did say that- but yes that is true. That's the problem with Law Enforcement jobs, they can find out anything.

shan87

In Response to <a href="http://forums.theknot.com/Sites/theknot/Pages/Main.aspx/special-topic-wedding-boards_military-brides_good-bad?plckFindPostKey=Cat:Special%20Topic%20Wedding%20BoardsForum:13Discussion:19fc62b3-1ed4-4de8-be3d-b134201b72fdPost:24e48046-5292-474b-8d85-174e39b81c42">Re: The Good and The Bad....</a>:
[QUOTE]Good luck Shan!! I have a follow up question though, although this clearly tells me I don't have a good grasp on MSRRA. It doesn't make sense to me how you could have legal residence in place A and have a driver's license in place B? What determines where you "legally" reside then? Silly question?
Posted by Irishcurls[/QUOTE]
 It's not silly I have the same ?.

Danidawn20

Good Luck Shan

Irishcurls

In Response to <a href="http://forums.theknot.com/Sites/theknot/Pages/Main.aspx/special-topic-wedding-boards_military-brides_good-bad?plckFindPostKey=Cat:Special%20Topic%20Wedding%20BoardsForum:13Discussion:19fc62b3-1ed4-4de8-be3d-b134201b72fdPost:53dfe20f-c157-4887-b726-f0a0d059a2dc">Re: The Good and The Bad....</a>:
[QUOTE]In Response to Re: The Good and The Bad.... :  It's not silly I have the same ?.
Posted by shan87[/QUOTE]
So reading the Act, it says the residency must be established, not "picked" and they list a bunch of different examples, including driver's license, voting, owning property etc. The MSRRA does not allow a spouse to pick or chose a domicile in any State.

"Domicile is established, not chosen. The spouse must have actually lived there, established it as
his or her domicile, and maintained it as such by forming and maintaining the necessary contacts.
Similarly, the MSRRA does not allow a spouse to “inherit” or assume the military member's
domicile upon marriage."

So I totally get that I can't "claim" H's state of residency, but I <em>could </em>claim MD as my domicile, even when we PCS (not that I would want to. I hate MD). I interpret that as, you don't have to get a license there Shan unless the State requires you too? State law etc? Or in this case, your employer.....

ETA: I just confused myself more. Basically, keeping your former license, professional licensing, and absentee voting allow you to maintain residency wherever you lived before. But I sort of feel like MSRRA isn't going to cover you getting around their desire for you to have a local license. Does that make more sense? Gah this is confusing me...

calindi

In Response to <a href="http://forums.theknot.com/Sites/theknot/Pages/Main.aspx/special-topic-wedding-boards_military-brides_good-bad?plckFindPostKey=Cat:Special%20Topic%20Wedding%20BoardsForum:13Discussion:19fc62b3-1ed4-4de8-be3d-b134201b72fdPost:24e48046-5292-474b-8d85-174e39b81c42">Re: The Good and The Bad....</a>:
[QUOTE]Good luck Shan!! I have a follow up question though, although this clearly tells me I don't have a good grasp on MSRRA. It doesn't make sense to me how you could have legal residence in place A and have a driver's license in place B? What determines where you "legally" reside then? Silly question?
Posted by Irishcurls[/QUOTE]

Not silly at all.  It seems as part of the MSRRA, you can simply maintain residency in a place where you have previously had residency, as long as at the time you were there you qualified.  You do not have to continue to maintain residency if you once did.  It's supposed to help with income tax issues, and you can continue to vote absentee in the state of residency, but it doesn't affect taxes for property tax, etc.  Which makes sense, I think. 

Here's the best layman's terms explanation I've found (yes, it's about Virginia, but the explanation is very general and should be easily applied to any other state):

<a href="http://www.tax.virginia.gov/site.cfm?alias=NonMilitarySpouseFAqs" rel='nofollow'>http://www.tax.virginia.gov/site.cfm?alias=NonMilitarySpouseFAqs</a>

calindi

This would be the specific Q&A that addresses what Shan mentioned, and a few that I think are very interesting for everyone to note, especially about PCS where you can't accompany him and deployments:

In the past, DMV required spouses to get a Virginia driver’s license. How can this be used in determining residency on the new 763-S form? It may not be possible now to go back to the state of legal domicile to get a new driver’s license.

A driver’s license is one of many things looked at in determining residency, but it cannot be determinative in and of itself. While Virginia law allows service members, their spouses and dependents to keep their licenses from other states while driving in Virginia, some other states will not renew a license if the individual is not actually residing there. This would force them to get a Virginia license. In summary, the driver’s license cannot be the only factor considered with respect to legal domicile.
 

My service member spouse and I are legal residents of another state, currently living in Virginia pursuant to military orders. My spouse has received orders transferring him to a permanent duty station overseas, and I cannot accompany him. Since I originally moved to Virginia solely to be with my spouse, will my income still be exempt from Virginia income tax if I stay here during his period of overseas service?

No. Once a service member receives permanent orders that require him/her to reside outside of Virginia, the non-military spouse no longer qualifies for the exemption provisions of the federal law. This is true whether or not the military would permit you to accompany the service member. Your income will cease to be exempt from Virginia income tax if you continue to reside in Virginia when your spouse goes to his/her new duty station.

My service member spouse and I are legal residents of another state, currently living in Virginia pursuant to military orders. My spouse has received orders to a combat zone overseas for a period of at least one year. Since I originally moved to Virginia solely to be with my spouse, will my income still be exempt from Virginia income tax if I stay here during her period of overseas service?

Yes. An assignment to a combat zone is generally a temporary change of duty station; therefore, unless otherwise specified in the orders, your spouse would still be permanently stationed in Virginia. Under those conditions, your Virginia income tax exemption will still be valid.

What type of documentation do I need to file with Form 763-S?

You must attach copies of your W-2 forms to document the Virginia income tax withheld. If your state of legal residence imposes an income tax, you must also attach a complete copy of the return you filed with that state. Your refund cannot be issued unless all required items are attached. We also suggest that you attach a copy of your military dependent ID card and proof of your spouse’s state of legal residence, such as a copy of a Leave and Earnings Statement (LES), current driver’s license from the state of residence, or DD Form 2058 (State of Legal Residence Certificate). These documents will allow us to quickly resolve any questions that may arise about your residency status during the processing of your claim.

 

 

(I would keep your older drivers' license, and just not use it to drive, but at least you can identify that you HAD established residency in that state, which should be sufficient).

Irishcurls

Aha, good info! Also Shan, not knowing tons of specifics about what you do, it would be important to continue maintaining other things that prove your previous domicile, like voting and professional licenses. That, plus keeping your old ID lik Cal said would be a good case for your new local license not equating to domicile.

shan87

Thank you ladies. I did plan to keep my old DL although it expires next summer. (I still have my maiden DL and will try to keep both old state DL and new state DL plus my passport as my MN address which I will not change). I also have all my previous tax returns, proof of renting etc. Hopefully that is enough LoL. I am NOT looking fwd to this tax season.

calindi

Ugh.... I can't wait until tax season is over!  My last year filing "single".  FI keeps "joking" that we should get married now and file jointly because we'd get basically all the taxes back since he has absolutely no income, with student rebates and such.  If only I lacked the moral compass that tells me that getting married in secret is wrong, it would save me so much money!  Gah, ethics!

kara811

In Response to <a href="http://forums.theknot.com/Sites/theknot/Pages/Main.aspx/special-topic-wedding-boards_military-brides_good-bad?plckFindPostKey=Cat:Special%20Topic%20Wedding%20BoardsForum:13Discussion:19fc62b3-1ed4-4de8-be3d-b134201b72fdPost:e4c43a31-2ab4-4451-89b9-8ce72e366082">Re: The Good and The Bad....</a>:
[QUOTE]Ugh.... I can't wait until tax season is over!  My last year filing "single".  FI keeps "joking" that we should get married now and file jointly because we'd get basically all the taxes back since he has absolutely no income, with student rebates and such.  If only I lacked the moral compass that tells me that getting married in secret is wrong, it would save me so much money!  Gah, ethics!
Posted by calindi[/QUOTE]<div>
</div><div>Lol. H joked around with this idea too and keeps saying if only we were married he won't have to pay so much on taxes! At least we're married now for the next tax season! 

</div>