Does foreign income count on the I-864 count?

[zatarra 1]

I've been working in Japan for about the last year and I will be finished with my job here around August, which is when I will probably be asked to submit the I-864. So may or may not be employed when I submit the I-864. Of course my income from this job does not show up on my US tax transcripts. Do I report this income on the I-864?

[pushbrk 12,569]

For the I-864 you count as "current income" only income that will continue from the same source after relocating to the USA. Just how foreign income shows up on your tax return or tax return transcript is not known to me, but you will have declared the foreign income as part of your tax return. You did, right? If it doesn't appear on line 22 of the 1040 or the total income line on the tax return transcript then it isn't included as past income either. Past tax return income comes from "total income" on a tax return transcript or line 22 of the 1040. Whatever that number is, you enter it. If you failed to declare the income and take the exclusion, file a corrected tax return.

[zatarra 1]

No, I didn't. I haven't done taxes in the US for a while because all my income has been foreign for quite some time. I'm not sure if that's legal, but I can't afford to pay taxes on my income in two countries. I'd have no money left This income will not continue when I relocate back to the US.

Is this going to be a problem?

[pushbrk 12,569]

Not filing tax returns is a problem, yes. File the tax return. The first $97,000 and change of foreign income is exempt from tax but you are not exempt from filing a return. You file an extra form to claim the foreign income exclusion.

[nightingalejules 678]

No, I didn't. I haven't done taxes in the US for a while because all my income has been foreign for quite some time. I'm not sure if that's legal, but I can't afford to pay taxes on my income in two countries. I'd have no money left This income will not continue when I relocate back to the US.

Is this going to be a problem?

Not filing tax returns is a problem, yes. File the tax return. The first $97,000 and change of foreign income is exempt from tax but you are not exempt from filing a return. You file an extra form to claim the foreign income exclusion.

Yes, pushbrk is absolutely right. File your taxes. Speaking from experience (finally got the USC hubby back into the IRS' good books!), depending on how long it's been, there's even a special "Streamlined Filing for Non-resident Nonfilers" that you could check out on the IRS website.

The only other hassle really is if any of your foreign income is from self-employment, in which case you definitely want to get a good accountant who's aware of the tax treaties between the country where you live and the US, or else you will wind up paying twice. (Gave me a bit of a heart attack when I tried to use turbotax to do his US taxes)

Edited May 30, 2014 by nightingalejules

[zatarra 1]

Not filing tax returns is a problem, yes. File the tax return. The first $97,000 and change of foreign income is exempt from tax but you are not exempt from filing a return. You file an extra form to claim the foreign income exclusion.

Ok. Thank you for letting me know. I make WAY LESS than $97,000 and none of my income is from self-employment so I'm safe from getting taxed twice. I will check this out.

[pushbrk 12,569]

Even if you make half a million a year and would be double taxed on 403 thousand of it, if you want your spouse to immigrate to the USA, you would have no choice but to file and pay. Fortunately, you only need to file.

You said though, that the foreign income doesn't show on your tax transcripts. Not sure why you lied. You have no applicable tax transcripts because you didn't file the applicable tax returns. Please don't waste our time with anymore lies. I spent time researching where the foreign income would appear on the tax return transcripts based on you lie. Bad form, man.

[zatarra 1]

Even if you make half a million a year and would be double taxed on 403 thousand of it, if you want your spouse to immigrate to the USA, you would have no choice but to file and pay. Fortunately, you only need to file.

You said though, that the foreign income doesn't show on your tax transcripts. Not sure why you lied. You have no applicable tax transcripts because you didn't file the applicable tax returns. Please don't waste our time with anymore lies. I spent time researching where the foreign income would appear on the tax return transcripts based on you lie. Bad form, man.

Sorry dude! My dad did my taxes for my while I was in high school. It was just for small part time jobs. Since I graduated college I haven't worked in the states at all. I wasn't aware I had to report my income abroad so I never really thought about it. Obviously now it's become relevant to my situation so I'm learning and taking appropriate measures. I didn't really lie, I was just totally unaware.

Edited June 3, 2014 by zatarra

[NikLR 13,227]

Now you know.

Since your income will not be continuing you will need a joint sponsor or have appropriate assets.

Edited June 3, 2014 by NLR

[pushbrk 12,569]

Sorry dude! My dad did my taxes for my while I was in high school. It was just for small part time jobs. Since I graduated college I haven't worked in the states at all. I wasn't aware I had to report my income abroad so I never really thought about it. Obviously now it's become relevant to my situation so I'm learning and taking appropriate measures. I didn't really lie, I was just totally unaware.

Actually, you really did write, "Of course my income from this job does not show up on my US tax transcripts." That's not a truthful statement. You didn't look at any applicable tax transcripts to see if it showed, because you didn't file tax returns during the time in question.

A truthful statement would be, "I haven't filed tax returns since I started working outside the USA." Do not make any more false statements here and definitely don't play fast and loose with the truth on any immigration forms or in front of any immigration official.

[zatarra 1]

Actually, you really did write, "Of course my income from this job does not show up on my US tax transcripts." That's not a truthful statement. You didn't look at any applicable tax transcripts to see if it showed, because you didn't file tax returns during the time in question.

A truthful statement would be, "I haven't filed tax returns since I started working outside the USA." Do not make any more false statements here and definitely don't play fast and loose with the truth on any immigration forms or in front of any immigration official.

There's a difference between lying and making false statements. I am telling you what I believe to be true based on the knowledge I have at the time. If that actually turns out to be false, it doesn't mean I'm lying. It just means I didn't know.

[Dave&Roza 748]

There's a difference between lying and making false statements. I am telling you what I believe to be true based on the knowledge I have at the time. If that actually turns out to be false, it doesn't mean I'm lying. It just means I didn't know.

Actually as far as the USCIS is concerned they are one and the same. They call it misrepresentation and they do not care if you are lying or are omitting something because you do not know. Any form of misrepresentation is treated very harshly by the USCIS during the immigration process. I highly recommend you take pushbrk's advice.

Good luck,

Dave

[zatarra 1]

Actually as far as the USCIS is concerned they are one and the same. They call it misrepresentation and they do not care if you are lying or are omitting something because you do not know. Any form of misrepresentation is treated very harshly by the USCIS during the immigration process. I highly recommend you take pushbrk's advice.

Good luck,

Dave

That's fine, I understand that. But I'm just saying pushbrk shouldn't be reprimanding me on these forums like he is the IRS. I'm on the forums to ask questions and get things right before I submit anything.

[pushbrk 12,569]

I'm not behaving like the IRS. I'm behaving like a member trying to help you, that spent time researching just how and where your foreign income would appear on your tax return or transcript, BECAUSE you made a present tense statement saying it "does not". You lied. It cost me time personally, trying to help you BECAUSE of that lie.

This is no place, and immigration is no process to be fast and loose with the truth. You lied. Let's move on.

[zatarra 1]

Let's move on--I can agree with that.