Proving domicile when not living in the U.S.

[wowswift 3]

I think when you give them your wife's I-864 with everything it needs, you should be ok with the other stuff as well. I sent a I-864 with mine, but with a note saying why I haven't filed since I didn't work, and it was fine at NVC but the interview lady was tripping out, so I just gave her what I had from years 04-06, which made her happy. I think they just like to make sure you're ok with the IRS lol

[MacDude 0]

I think when you give them your wife's I-864 with everything it needs, you should be ok with the other stuff as well. I sent a I-864 with mine, but with a note saying why I haven't filed since I didn't work, and it was fine at NVC but the interview lady was tripping out, so I just gave her what I had from years 04-06, which made her happy. I think they just like to make sure you're ok with the IRS lol

Hey wowswift,

Thanks for the reply.

What do you mean you gave the interview lady what you had for 04-06? do you mean you actually went ahead and filed income tax for those years and then gave it to her?

[wowswift 3]

no, i already had those years filed anyways, since i worked in 04, then stopped but had joint filed with my ex. so i just brought those to the interview, and that seemed to make her happy cuz I took off to canada in 07 so obviously I didn't work (I didn't do DCF, I went sent my I-130 to USCIS since I didn't have status in Canada). She wanted to add that to the 221g but I handed it to her and said it was fine.

But, since your wife has PR status in Canada, she should have been filing taxes in the USA for how ever long she has been working in Canada. So if she hasn't, she should go back for at least three years. I am not entirely sure if three years is the magic number, but check out the DCF forum, because I think I have read that there before.

Edited March 22, 2009 by wowswift

[MacDude 0]

no, i already had those years filed anyways, since i worked in 04, then stopped but had joint filed with my ex. so i just brought those to the interview, and that seemed to make her happy cuz I took off to canada in 07 so obviously I didn't work (I didn't do DCF, I went sent my I-130 to USCIS since I didn't have status in Canada). She wanted to add that to the 221g but I handed it to her and said it was fine.

But, since your wife has PR status in Canada, she should have been filing taxes in the USA for how ever long she has been working in Canada. So if she hasn't, she should go back for at least three years. I am not entirely sure if three years is the magic number, but check out the DCF forum, because I think I have read that there before.

The problem is that she didn't file any income tax prior to 2007... she only filed in 2007 because she briefly worked in the US for a few months before we got engaged... If she were to file them now it would seriously delay the whole process.

I really hope they dont ask for those... Is she legally obliged to file them if she was not domiciled in the US?

[Flames9_RN 358]

I'm sure others will state this, but a USA citizen still has to file USA taxes,even if they reside outside the usa!!

[MacDude 0]

I'm sure others will state this, but a USA citizen still has to file USA taxes,even if they reside outside the usa!!

I may have a problem then! only way out is if she doesn't explicitly ask for it.

[Flames9_RN 358]

Well, you can wait and pray that they don't ask for it, but if they do, your in for a delay. OR you can file those taxes, and get a jump start on it, so if they do ask, you already have started the income paperwork, so the delay won't be as long!! But I'm sure others will chine in. VJ tends to be a bit slower on the weekends. I do know USA citizens are suppose to file taxes every year, even if they don't reside in the USA,one of the downfalls of becoming a USA citizen. Canada and the USA do have a tax treaty, so one isn't going to be double taxed! Hope it works out for ya, and hopefully you get a concrete response, one that I would be very proactive in finding the correct response. As we all know the IRS isn't exactly a speedy unit to deal with, and this being prime tax season, not sure how fast they would be at pumping out returns from previous yrs. Best of luck

[MacDude 0]

Well, you can wait and pray that they don't ask for it, but if they do, your in for a delay. OR you can file those taxes, and get a jump start on it, so if they do ask, you already have started the income paperwork, so the delay won't be as long!! But I'm sure others will chine in. VJ tends to be a bit slower on the weekends. I do know USA citizens are suppose to file taxes every year, even if they don't reside in the USA,one of the downfalls of becoming a USA citizen. Canada and the USA do have a tax treaty, so one isn't going to be double taxed! Hope it works out for ya, and hopefully you get a concrete response, one that I would be very proactive in finding the correct response. As we all know the IRS isn't exactly a speedy unit to deal with, and this being prime tax season, not sure how fast they would be at pumping out returns from previous yrs. Best of luck

Is it possible that she didn't need to file income tax prior to 2007 because she was a dependent on her father?

[Flames9_RN 358]

I'm not sure, my only point is that as a USA citizen, one is suppose to file a tax return every yr! Maybe they only require the latest tax yr. Been soo long since I filed for the cr-1, can't really answer many of those questions with certainty. I'm sure if you read over the guides, you can find the answer.

[trailmix 77]

Well, you can wait and pray that they don't ask for it, but if they do, your in for a delay. OR you can file those taxes, and get a jump start on it, so if they do ask, you already have started the income paperwork, so the delay won't be as long!! But I'm sure others will chine in. VJ tends to be a bit slower on the weekends. I do know USA citizens are suppose to file taxes every year, even if they don't reside in the USA,one of the downfalls of becoming a USA citizen. Canada and the USA do have a tax treaty, so one isn't going to be double taxed! Hope it works out for ya, and hopefully you get a concrete response, one that I would be very proactive in finding the correct response. As we all know the IRS isn't exactly a speedy unit to deal with, and this being prime tax season, not sure how fast they would be at pumping out returns from previous yrs. Best of luck

Is it possible that she didn't need to file income tax prior to 2007 because she was a dependent on her father?

Basically the scoop is - if you are saying she did not work in Canada prior to 2007 - then she probably will not have to file those returns.

Each year there is a dollar amount nominated for a U.S. return, if you make less than that amount you are not obligated to file (that includes foreign income too).

So for 2008 for example, Married filing separately . . . . . $ 3,500 is the cut off amount.

If your wife earned less than 3,500 U.S. for 2008, she does not need to file a return (you would have to look up the amounts for each year on the IRS website, or call them and ask).

If that is the case you would attach a note to the I-864 (she would write it) - stating that she was not obligated to file for such and such a year(s) because she did not earn any money - or only $1000 or whatever.

The other thing is, if she does have to file she could do it now. A photo copy of her 1040 and corresponding forms will suffice as proof. So if she worked in Canada - the 1040, 2555, and T4's or T4E's, T4RSP etc.

Edited March 22, 2009 by trailmix

[MacDude 0]

Well, you can wait and pray that they don't ask for it, but if they do, your in for a delay. OR you can file those taxes, and get a jump start on it, so if they do ask, you already have started the income paperwork, so the delay won't be as long!! But I'm sure others will chine in. VJ tends to be a bit slower on the weekends. I do know USA citizens are suppose to file taxes every year, even if they don't reside in the USA,one of the downfalls of becoming a USA citizen. Canada and the USA do have a tax treaty, so one isn't going to be double taxed! Hope it works out for ya, and hopefully you get a concrete response, one that I would be very proactive in finding the correct response. As we all know the IRS isn't exactly a speedy unit to deal with, and this being prime tax season, not sure how fast they would be at pumping out returns from previous yrs. Best of luck

Is it possible that she didn't need to file income tax prior to 2007 because she was a dependent on her father?

Basically the scoop is - if you are saying she did not work in Canada prior to 2007 - then she probably will not have to file those returns.

Each year there is a dollar amount nominated for a U.S. return, if you make less than that amount you are not obligated to file (that includes foreign income too).

So for 2008 for example, Married filing separately . . . . . $ 3,500 is the cut off amount.

If your wife earned less than 3,500 U.S. for 2008, she does not need to file a return (you would have to look up the amounts for each year on the IRS website, or call them and ask).

If that is the case you would attach a note to the I-864 (she would write it) - stating that she was not obligated to file for such and such a year(s) because she did not earn any money - or only $1000 or whatever.

The other thing is, if she does have to file she could do it now. A photo copy of her 1040 and corresponding forms will suffice as proof. So if she worked in Canada - the 1040, 2555, and T4's or T4E's, T4RSP etc.

I hear you on the option to file if income was less than a certain amount... I am actually looking into the whole thing with my accountant... I am hoping that he will give me some good advice, but I suspect he will just tell me to hand over her slips so he can file a return for the US now...

[trailmix 77]

I hear you on the option to file if income was less than a certain amount... I am actually looking into the whole thing with my accountant... I am hoping that he will give me some good advice, but I suspect he will just tell me to hand over her slips so he can file a return for the US now...

If she did have pretty straight forward income, the U.S. return is not hard to do. These are the cut off amounts for 2006 and 2007. If she had income over these, she will have to file. Previous years forms are found here - I am referencing the 1040 instructions below.

For 2007 the cut off amounts are:

Married filing separately any age $3,400

For 2006:

Married filing separately any age $3,300

[MacDude 0]

I hear you on the option to file if income was less than a certain amount... I am actually looking into the whole thing with my accountant... I am hoping that he will give me some good advice, but I suspect he will just tell me to hand over her slips so he can file a return for the US now...

If she did have pretty straight forward income, the U.S. return is not hard to do. These are the cut off amounts for 2006 and 2007. If she had income over these, she will have to file. Previous years forms are found here - I am referencing the 1040 instructions below.

For 2007 the cut off amounts are:

Married filing separately any age $3,400

For 2006:

Married filing separately any age $3,300

Thank you for doing the research!!

but the plot gets thicker... turns out that she may not have filed the 2007 return after all... but based on the IRS info you posted, I should be able to simply attach a note with actual amounts earned if anything and state they were below cutoffs... I just hope this does not weaken our case in showing that she is taking steps to prove domicile!

[trailmix 77]

Thank you for doing the research!!

but the plot gets thicker... turns out that she may not have filed the 2007 return after all... but based on the IRS info you posted, I should be able to simply attach a note with actual amounts earned if anything and state they were below cutoffs... I just hope this does not weaken our case in showing that she is taking steps to prove domicile!

No problem.

I personally don't think that the U.S. returns will make a difference regarding domicile. I mean the basis for this is that she is trying to prove 'reestablishing domicile' - the whole - hey we are moving to the U.S. thing.

It doesn't make logical sense that filing a return when one is not required would help prove that. But then again, as you know, U.S. immigration is not logical

I think other supporting documents will be far more important though.

[MacDude 0]

Thank you for doing the research!!

but the plot gets thicker... turns out that she may not have filed the 2007 return after all... but based on the IRS info you posted, I should be able to simply attach a note with actual amounts earned if anything and state they were below cutoffs... I just hope this does not weaken our case in showing that she is taking steps to prove domicile!

No problem.

I personally don't think that the U.S. returns will make a difference regarding domicile. I mean the basis for this is that she is trying to prove 'reestablishing domicile' - the whole - hey we are moving to the U.S. thing.

It doesn't make logical sense that filing a return when one is not required would help prove that. But then again, as you know, U.S. immigration is not logical

I think other supporting documents will be far more important though.

I tend to agree with you... especially about the not being logical part LOL

Thanks again!