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Snorbs

Filing late taxes at the embassy in London - Do you need a cover letter?

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Hi All,

I am hoping to go to the Embassy tomorrow in London to file taxes for the past 8 years. I called them last week to double check that I could still file taxes there, which they confirmed, and they also confirmed that if I brought extra copies of my paperwork, they will stamp these copies to submit alongside my I-864 (AOS) for my spouse's IR-1 application.

I was just wondering if anyone had done this before, and if the IRS like to have a cover letter stating why I didn't file taxes earlier? (basically I didn't know I need to file taxes if I wasn't living in the U.S., I don't owe any money, anyways)

I was planning to call them today to check whether I should do this, but realised they are already closed for calls. Just wanted to see what others had done.

Thanks!

Her: USC, UK Permanent Resident since 2008

Him: UKC

I-130/IR-1 visa by Direct Consular Filing in London:

11 Dec 2005: Married in California

1 Jan 2006: Immigrated to UK

19 Nov 2013: I-130 filed
20 Nov 2013: NOA1 (email received on 25th, check your SPAM!)

12 Dec 2013: NOA2 APPROVED
7 Jan 2014: LND number and packet 3 arrived (dated 2 Jan)

10 Jan 2014: DS-260 and Notification of Readiness completed online

20 Jan 2014: Medical

20 February 2014: Interview scheduled (emailed embassy via the contact form on 5 Feb)

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I don't think you need to explain. Late penalties and interest on the amount you owe only apply if you actually owe them money. In that case you can plead for unusual circumstances that delayed you like a tsunami or war. But since you owe zero I don't think it really matters how late you are...if that makes sense. Kind of a non-issue since you owe zero. You could always write something to include if you wish to tell them why you are filing multiple years, but normally tax returns don't have a cover letter so probably not an absolute requirement.

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

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I don't think you need to explain. Late penalties and interest on the amount you owe only apply if you actually owe them money. In that case you can plead for unusual circumstances that delayed you like a tsunami or war. But since you owe zero I don't think it really matters how late you are...if that makes sense. Kind of a non-issue since you owe zero. You could always write something to include if you wish to tell them why you are filing multiple years, but normally tax returns don't have a cover letter so probably not an absolute requirement.

Thanks Nich-Nick - I really did not want to ask you again, as you have already been so helpful! Having done a lot of research online, it would seem there are only templates for people who owe penalties. I think I am going to prepare one anyways, and if they don't want it tomorrow, I'll just take it with me then!

Thanks again.

Her: USC, UK Permanent Resident since 2008

Him: UKC

I-130/IR-1 visa by Direct Consular Filing in London:

11 Dec 2005: Married in California

1 Jan 2006: Immigrated to UK

19 Nov 2013: I-130 filed
20 Nov 2013: NOA1 (email received on 25th, check your SPAM!)

12 Dec 2013: NOA2 APPROVED
7 Jan 2014: LND number and packet 3 arrived (dated 2 Jan)

10 Jan 2014: DS-260 and Notification of Readiness completed online

20 Jan 2014: Medical

20 February 2014: Interview scheduled (emailed embassy via the contact form on 5 Feb)

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  • 1 year later...

Hi All,

I am hoping to go to the Embassy tomorrow in London to file taxes for the past 8 years. I called them last week to double check that I could still file taxes there, which they confirmed, and they also confirmed that if I brought extra copies of my paperwork, they will stamp these copies to submit alongside my I-864 (AOS) for my spouse's IR-1 application.

Hi Snorbs.

We are in exactly the same position as my wife hasn't filed since she moved to the UK many years ago and we need to get her up to date for my DCF interview. We aren't expecting any problems with the filings themselves as she is under the threshold for payment but have seen forum messages where people waited a couple of months to get an IRS transcript.

Did you manage to get everything settled during your trip to the IRS in London and did they agree the stamped copies of your returns would be enough? We'll follow the same script if it fixes the problem.

Thanks!

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Hi Snorbs.

We are in exactly the same position as my wife hasn't filed since she moved to the UK many years ago and we need to get her up to date for my DCF interview. We aren't expecting any problems with the filings themselves as she is under the threshold for payment but have seen forum messages where people waited a couple of months to get an IRS transcript.

Did you manage to get everything settled during your trip to the IRS in London and did they agree the stamped copies of your returns would be enough? We'll follow the same script if it fixes the problem.

Thanks!

This thread is one year old. The person you are asking (Snorbs) has not logged into VJ for eight months. They may not see your question.

Question-- how much income did your wife earn in the UK in each of the last three years? Less than $3800 if converted to US dollars?

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

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This thread is one year old. The person you are asking (Snorbs) has not logged into VJ for eight months. They may not see your question.

Question-- how much income did your wife earn in the UK in each of the last three years? Less than $3800 if converted to US dollars?

Hi Nich-Nick.

Thanks for the reply and apologies for reviving a zombie thread. I saw Januray 2014 at the bottom of Snorbs' post and I guess my brain hasn't switched to 2015 yet.

My wife had income in excess of $3,800 but less than the thresholds in the high $90K bracket which would mean she owes tax. All of her income has been in the UK and has been taxed at source so the filing for the past three yeas should be fairly straightforward. It seems that she is not alone in having not filed with the IRS in the time she's been living in the UK and we are now having to catch up before I can apply for my interview at the embassy.

There seems to be a mix of information on whether this should be filed with the IRS in Austin and then wait a couple of months for a tax transcript or if it can be done locally. It looks like a filing in London and getting stamped copies will satisfy the requirements of the I864 so hopefully we can do that and not incur any delays to the visa process.

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I asked because had her income been below that, she would not have to file anything.

I helped a woman get 7 years of taxes together one or two years ago. She filed at the IRS London office. They stamped them as filed or received....not sure what it says. She used that for her husband's visa.

A transcript is a nice, tidy way to present taxes. But if one is not available, then photocopies of the return you filed are acceptable.

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

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Share on other sites

Sounds like a trip to the IRS in London should be enough to keep everyone happy at the interview. Naturally, we want to be sure that it will be accepted as part of an I864 but it sounds like this is a tried and tested method of resolving the problem.

Thanks again for your advice!

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