Tax Rules and Returns

[Mark Hewitt 0]

Ghaaaaa

God Im stuck here and after waiting over an hour for the IRS i am still no closer to understanding it all.

Quick outline,

My wife is US citizen and i am UK and we are DCF for my visa.

I am trying to get the regulations that state that she didnt have to file tax returns as for the last 3 years she hasnt been earning anything (1 year unemployed in states and 2 here in UK unemployed)

Have waded through so many publications and things that my head is spinning and none of them make any sense.

HELP

thanks

[YuAndDan 153]

It makes it simpler to just file "Zero" returns late, there are NO penalties for doing this.

http://www.irs.gov/pub/irs-pdf/i1040.pdf (Start at page 6)

Keep in mind, US citizen who files an immigrant visa petition must also sponsor the intending immigrant, and thus needs to provide an I-864 as Primary Sponsor, I-864 REQUIRES that the US citizen have US Domicile, and also requires IRS return data.

Sometimes US citizens living overseas tend to abandon US domicile, but I-864 requires evidence that living overseas was temporary.

More: http://travel.state.gov/pdf/I-864GenInfo-FAQ-Final.pdf

Edited September 22, 2008 by YuAndDan

[Penguin_ie 5,993]

I think it says on the I-864 itself that tax returns aren't needed if you didn't work. A shot letter from the USC stating this should be enough. Here is what my husband write- this was accepted no problem:

To Whom It May Concern:

I am Mr Penguin, Penguin's husband and petitioning sponsor. I did not file an income tax return for the years 2005, 2006 or 2007 because I have not worked during my 3 year residence within the Republic of Ireland. Once I came to Ireland, I was unable to find work and so used savings; I was maintained by my wife upon her income and savings. Since I made no income for these years of any type, I was not required to file an income tax return with the Internal Revenue Service.

Sincerely, Mr Penguin.

[Mark Hewitt 0]

Oh you guys are wonderful thanks so much for all your help. Spent over an hour on the phone last night to IRS in USA only to be told that they didnt know anything.

Just spent a short (6 mins) phone call to IRS in London, silly me didnt think there would be an office there, they are sending a short letter out to my wife giving the thresholds for filing and that with this letter that I am going to type should be enough.

Thanks again