I-134 please advise!

[faithinGod 8]

Hello everybody,

after reading all the I-134 topics i became a little worried because my fiancee (USC) worked for the last 4 years as a contractor in Iraq wich was a tax free job so there are no tax returns.We have the W2 though, will that be enough?

Thank you so much!

[pushbrk 12,614]

Hello everybody,

after reading all the I-134 topics i became a little worried because my fiancee (USC) worked for the last 4 years as a contractor in Iraq wich was a tax free job so there are no tax returns.We have the W2 though, will that be enough?

Thank you so much!

There may well be no tax due as a result of the foreign income exclusion but you are still required to file the returns. Be aware that income that will not continue from the same source while living in the USA will not be considered in qualifying as sponsor. You may need a cosponsor unless you can qualify based on assets or already have a new job in the USA.

[faithinGod 8]

There may well be no tax due as a result of the foreign income exclusion but you are still required to file the returns. Be aware that income that will not continue from the same source while living in the USA will not be considered in qualifying as sponsor. You may need a cosponsor unless you can qualify based on assets or already have a new job in the USA.

Thank you for the reply!

He has a new job in USA since january, he is in the Police Academy and makes 34k a year plus GI bill.There are no kids just the 2 of us.

Do you think we still need a cosponsor?

Thank you.

[john_and_marlene 162]

Thank you for the reply!

He has a new job in USA since january, he is in the Police Academy and makes 34k a year plus GI bill.There are no kids just the 2 of us.

Do you think we still need a cosponsor?

Thank you.

You won't need a cosponsor, but he will need to file past tax returns.

[faithinGod 8]

Thank you all, you are all very helpfull!

[Alcheringa 39]

Pushbrk is correct on this. I also worked in Iraq for as many years, and if your fiancé did not file taxes he was in error. Form 2555, Foreign Earned Income, is a federal tax exemption up to a certain figure -- this year, $91,400 -- but does not supplant the requirement to file federal taxes itself.

As for the rest, it has already been answered. If his current income is $34,000 -- and he has no other dependents -- you guys exceed the poverty guideline and should have no problem.

Good luck!

[faithinGod 8]

Pushbrk is correct on this. I also worked in Iraq for as many years, and if your fiancé did not file taxes he was in error. Form 2555, Foreign Earned Income, is a federal tax exemption up to a certain figure -- this year, $91,400 -- but does not supplant the requirement to file federal taxes itself.

As for the rest, it has already been answered. If his current income is $34,000 -- and he has no other dependents -- you guys exceed the poverty guideline and should have no problem.

Good luck!

Thank you Alcheringa!

So is it too late to file now?what does he have to do?

I`m sorry i don`t know i`m the non USC and he`s at work now , i can`t talk to him untill 5pm!

thank you!

[pushbrk 12,614]

Thank you Alcheringa!

So is it too late to file now?what does he have to do?

I`m sorry i don`t know i`m the non USC and he`s at work now , i can`t talk to him untill 5pm!

thank you!

He'll need to find a tax professional who is back from vacation and hire them to assist in filing back returns. It's nice that he has the GI bill but that is not considered "income". His salary is more than sufficient to qualify. Note that tax returns are not an absolute requirement for the I-134 but they will be for the I-864 he'll file after your marriage.

Edited April 26, 2010 by pushbrk

[Alcheringa 39]

I'm hoping you two simply misunderstood one another, and he did file. If he was in Iraq for that long, he almost certainly knew he was supposed to file his federal taxes -- unless he intended not to. Some folks did attempt to go that route in hope that they'd never be audited. Of course, being a contractor itself is a red flag to the IRS and being audited is not uncommon for us.

I do not know the specifics on paying back-taxes for four years, but there will be penalties involved -- and I wouldn't be surprised if not having paid promptly might negate the ability to file Form 2555 for the tax exemption. That hopefully is not the case, but would be something you'd need to define.

Of course, being able to claim the tax exemption and file Form 2555 itself is predicated by the USC having spent 335 days off of U.S. soil for the year -- meaning, not just in Iraq but anywhere else aside from the continental U.S. and its territories. If he was not filing taxes, and apparently not concerning himself with claiming the exemption, he may or may not have made the effort to meet that stipulation. Which means he'd be paying quite a large amount back for each year, plus penalties.

Talk to him and see what he says, and then go from there. If you have any questions about that end of it, PM me and if I don't know myself I'll ask around and find out.

[faithinGod 8]

Thank you so much!i`ll talk to him later today!

[pushbrk 12,614]

I'm hoping you two simply misunderstood one another, and he did file. If he was in Iraq for that long, he almost certainly knew he was supposed to file his federal taxes -- unless he intended not to. Some folks did attempt to go that route in hope that they'd never be audited. Of course, being a contractor itself is a red flag to the IRS and being audited is not uncommon for us.

I do not know the specifics on paying back-taxes for four years, but there will be penalties involved -- and I wouldn't be surprised if not having paid promptly might negate the ability to file Form 2555 for the tax exemption. That hopefully is not the case, but would be something you'd need to define.

Of course, being able to claim the tax exemption and file Form 2555 itself is predicated by the USC having spent 335 days off of U.S. soil for the year -- meaning, not just in Iraq but anywhere else aside from the continental U.S. and its territories. If he was not filing taxes, and apparently not concerning himself with claiming the exemption, he may or may not have made the effort to meet that stipulation. Which means he'd be paying quite a large amount back for each year, plus penalties.

Talk to him and see what he says, and then go from there. If you have any questions about that end of it, PM me and if I don't know myself I'll ask around and find out.

Filing back taxes is a separate issue from "paying" back taxes. He may or may not owe any tax. If he does, yes there will be penalties.

[faithinGod 8]

Well i don`t think he owes, he worked in military camps for KBR in Iraq, but i will definately tell him to get in tuch with a tax attorney or something like that ( i don`t really know anything about taxes and tax returns)!

Thank you guys

[TracyTN 237]

Moving thread from K1 process forum to consular forum.

[pushbrk 12,614]

Well i don`t think he owes, he worked in military camps for KBR in Iraq, but i will definately tell him to get in tuch with a tax attorney or something like that ( i don`t really know anything about taxes and tax returns)!

Thank you guys

Whether he "owes" will depend on how much he made. There's a limit on how much foreign income is exempt from tax. If he made more than that, he'll owe some tax and penalties. The changes every year but is approximately $90,000 a year, probably between 88 and 91 thousand.