How to fill in Affidavit of Support if I live abroad and never paid US taxes?

[sergiolas123x 0]

I'm young, 25 years old and a US born citizen from Boston. I've been living in Bolivia for the last 13 years (got here when I was 11).

I only started working 3 years ago and I worked 100% on oDesk as a freelance software developer. I am basically self-employed in the eyes of the IRS.

I'm filing a IR1 visa for my wife of 5 years, and for my two underage children (aged 5 and 3).

---

In the affidavit of support, I need to fill in my tax information, but I'm not sure how to do that given that I have never paid taxes either in the states or in Bolivia.

Is it possible for me to put in something like "Not Filed" in the pdf input boxes? The guys at the uscis told me that I can send it financial records from my bank in leiu of the tax information, but i just want to double check.

has anyone been in this situation before? any guidance?

Edited September 9, 2014 by sergiolas123x

[Caryh 5,206]

It is a requirement of all USA citizens to file their taxes even if living and working abroad. In most cases no taxes are owed, but you still need to file them. You could file taxes late, there will be no penalty as long as you do not owe on them.

http://www.irs.gov/Individuals/International-Taxpayers/U.S.-Citizens-and-Resident-Aliens-Abroad---Filing-Requirements

This one might be a bit easier to follow though

http://americansabroad.org/issues/taxation/us-taxes-while-living-abroad-faq/

Edited September 9, 2014 by Caryh

[sergiolas123x 0]

Thanks, now as a follow up question, If I were to move back to the states alone, how long would I need to have been living there before I can file for my wife's IR1 visa? Thanks so much for your time!

Edited September 9, 2014 by sergiolas123x

[mofatsd 127]

According to my research, you do not need to file taxes if you are single (single = not filing jointly) and make under $10,000. I am in the same boat as I am the US Citizen and the stay at home mom. After doing some research you need to have a paper which states the reason why you did not file your taxes.

Now to find a joint sponsor or have enough cash flow that will support AOS will be your problem. Good Luck.

P.S. the requirements to file taxes abroad are found here - also here is the outline regarding 'self-employed'

Self-employed individuals. If your net earnings from self-employment are $400 or more, you must file a return even if your gross income is below the amount listed for your filing status in the table shown earlier. Net earnings from self-employment are defined in Publication 334, Tax Guide for Small Business.

If it's over that amount - i'd suggest talking to a tax specialist before dealing with the AOS to double confirm if you should have filed taxes or not. Good Luck!

[Caryh 5,206]

Thanks, now as a follow up question, If I were to move back to the states alone, how long would I need to have been living there before I can file for my wife's IR1 visa? Thanks so much for your time!

As soon as you move here and decide this is where you now reside. You could file from where you're living now and move back when the process is completed. The issue is usually having a co-sponsor who will sign an affidavit of support to assist you, since you have no USA income, unless your freelance software development work would come with and sustain you and your family at 125% of poverty level.

[sergiolas123x 0]

I'm just weighing my options here, my income as a software developer would be the same when I move back stateside.

Currently my IR1 is in process, they're waiting for me to submit my Affidavit of Support. Is it possible for my wife and children to get -tourist- visas, and while we're there we could file for a change of status and apply for their residency? I imagine it's easier to do that?

[mofatsd 127]

I'm just weighing my options here, my income as a software developer would be the same when I move back stateside.

Currently my IR1 is in process, they're waiting for me to submit my Affidavit of Support. Is it possible for my wife and children to get -tourist- visas, and while we're there we could file for a change of status and apply for their residency? I imagine it's easier to do that?

Be very careful about doing something like this - if immigration control at the time of their entry suspects that they are coming over to the U.S. to 'migrate' and not actually flying back then they could deny them re-entry to the US at all. They can ask for proof that they are just coming for a short time and flying back (i.e. a return ticket, rental agreements in their home country, etc.)

These are just the things that I pondered as well and researched. Options (someone can chime in if there are more):

- Get your taxes done before you file you AOS (by tax advisors)

- Show proof that you did not make over the amount to actually have to file taxes (although if you are the head of the household, you have to find a way to validate the income which would probably be nearly impossible for you)

- Move back to the US, make sure that you are making over the poverty lines to be a main sponsor or just get yourself a co-sponsor to help with the funds

Once again, good luck and good to explore options before making quick judgements - it can save you time, money and effort in the long run!