Pls help!!!- DCF London

[Loulou 0]

Hi all,

I am about to send our application for DCF and want to check I've everything right. My husband is the USC, he's been here (UK) since he was 14 and has only been to the US for a visit and the longest time he's been there is about 2weeks, we will like to move to the US by the end of the year and have read on this forum that the USC must file his taxes...my husband has never done this could someone please tell us how we should go about this? Should we file the taxes before we send our I-130? Your advice will be really appreciated. Thanks

[elmcitymaven 9,712]

You do not need to file the returns before the I-130, but he should get started on them as soon as possible, especially as he has never filed before. He should file for the years 2005, 06 and 07. It is a fairly straightforward process. He will need IRS forms 1040 and 2555-EZ for each year. He will also need to know what he earned in each of those years -- remember that the US tax year runs January-December, not April-April like in the UK, so this might involve a little computation.

I assume you don't have a social security number -- make sure he has one, or knows what it is. You (as the UKC) will not need a social security number or tax id number to file taxes if he files married filing separately; put "NRA" for non-resident alien in the SSN box for you if you have neither of these. He can exclude his foreign earned income on the 2555-EZ up to $82,500 (I think it's that number -- you should double check) which means that unless he earned more than that in the UK each year he will have no tax liability, and hence no penalties will accrue if he files late.

It is not hard but it is a pain in the rear end nonetheless. If you need advice, call the London office of the IRS; as Poiteen and I can attest, they are great guys. Their number is 020 7894-0477; you can call Mon-Fri 9-12. Or your husband can see them without an appointment Tues-Thurs in London at the Embassy -- he'll need his passport. More details are available on the Embassy website: http://www.usembassy.org.uk/irs/index.htm.

Good luck!

[Loulou 0]

You do not need to file the returns before the I-130, but he should get started on them as soon as possible, especially as he has never filed before. He should file for the years 2005, 06 and 07. It is a fairly straightforward process. He will need IRS forms 1040 and 2555-EZ for each year. He will also need to know what he earned in each of those years -- remember that the US tax year runs January-December, not April-April like in the UK, so this might involve a little computation.

I assume you don't have a social security number -- make sure he has one, or knows what it is. You (as the UKC) will not need a social security number or tax id number to file taxes if he files married filing separately; put "NRA" for non-resident alien in the SSN box for you if you have neither of these. He can exclude his foreign earned income on the 2555-EZ up to $82,500 (I think it's that number -- you should double check) which means that unless he earned more than that in the UK each year he will have no tax liability, and hence no penalties will accrue if he files late.

It is not hard but it is a pain in the rear end nonetheless. If you need advice, call the London office of the IRS; as Poiteen and I can attest, they are great guys. Their number is 020 7894-0477; you can call Mon-Fri 9-12. Or your husband can see them without an appointment Tues-Thurs in London at the Embassy -- he'll need his passport. More details are available on the Embassy website: http://www.usembassy.org.uk/irs/index.htm.

Good luck!

Elmcitymaven, thanks so much, really appreciate the time you've taken to explain this to us. Thanks

[elmcitymaven 9,712]

No probs! DCF through London is pretty straightforward. You'll do just fine -- just take your time, read every form and document a few times and follow the instructions. Oh, and pop by VJ with questions!