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Posted (edited)

I am in the process for filing an I-130 for my wife (I'm a USC, my wife is British, our story is here

As part of the upcoming process, the I-864 asks that you submit previous years tax returns. I haven't been filing though, so here is the e-mail I sent to the IRS office of the US embassy in London, hoping to get some clarification:

"Hello,

I am a US Citizen who moved to the UK in January 2002, and have been living and working here continuously since that time. As such, I was

under the impression that I no longer had to file any Federal Tax Returns.

Now, my wife and I are considering moving back to the US next year. My wife is British so we are looking to start her visa application

soon, part of which includes providing income details via Federal Tax Returns. In short, it looks like I need to file Tax Returns for 2005,

2006 and 2007.

My first question is, do I need to file for years earlier than 2005?

Next, do I need to file the form 4868, the application for automatic extension of time to file, along with my tax returns?

Lastly, do I need to include any cover letter or other forms with my Tax Returns explaining my situation and my reasons for not filing

sooner?

Many thanks in advance for your help and advice

Glenn Elliott"

And now, their response (hand over heart, this is just cut and paste, no editing on my part at all)

"Glenn

Response to your queries is No, No and No.

Respectfully,"

That's it. That was my response.

So, can anyone translate, are they really saying "No", I don't need to file anything else, no extensions, no explanation letter, no nothing, just the 1040NR for 2007, 2006 and 2005?

Many thanks in advance for your input!

Edited by ponyespresso

DCF Immigration Timeline

-------------------------

25 Nov 2008 - Sent I-130 to London USCIS office

01 Dec 2008 - I-130 received by Embassy

19 Dec 2008 - Petition Approved

24 Dec 2008 - Notice of approval received

03 Jan 2009 - Packet 3 received

03 Feb 2009 - Medical Exam completed

15 May 2009 - INTERVIEW!

18 May 2009 - Interview went well, but Visa not granted. More paperwork to submit, more hoops to jump through

01 June 2009 - Sent in required paperwork Part 2

18 June 2009 - VISA GRANTED!!! WOO HOOO!!!

1500616j7ioakmay7.gif Glenn + Carole 130620yypgdmap0q.gif

Posted
I am in the process for filing an I-130 for my wife (I'm a USC, my wife is British, our story is here

As part of the upcoming process, the I-864 asks that you submit previous years tax returns. I haven't been filing though, so here is the e-mail I sent to the IRS office of the US embassy in London, hoping to get some clarification:

"Hello,

I am a US Citizen who moved to the UK in January 2002, and have been living and working here continuously since that time. As such, I was

under the impression that I no longer had to file any Federal Tax Returns.

Now, my wife and I are considering moving back to the US next year. My wife is British so we are looking to start her visa application

soon, part of which includes providing income details via Federal Tax Returns. In short, it looks like I need to file Tax Returns for 2005,

2006 and 2007.

My first question is, do I need to file for years earlier than 2005?

Next, do I need to file the form 4868, the application for automatic extension of time to file, along with my tax returns?

Lastly, do I need to include any cover letter or other forms with my Tax Returns explaining my situation and my reasons for not filing

sooner?

Many thanks in advance for your help and advice

Glenn Elliott"

And now, their response (hand over heart, this is just cut and paste, no editing on my part at all)

"Glenn

Response to your queries is No, No and No.

Respectfully,"

That's it. That was my response.

So, can anyone translate, are they really saying "No", I don't need to file anything else, no extensions, no explanation letter, no nothing, just the 1040NR for 2007, 2006 and 2005?

Many thanks in advance for your input!

LOL. OK, my translation of this is:

No, you don't need to file tax returns for years earlier than 2005. Equally, you do not need to apply for an automatic extension, nor do you need a covering letter.

However, I would include a print out of the email with the responses!

At least it was straight forward!

Timeline Summary:

K-1/K-2 NOA1 - POE: 9 February - 9 July 2010

Married: 17 July 2010

AOS mailed - Interview : 22 November 2010 - 10 March 2011

ROC mailed - approved: 14 February - 18 June 2013

Citizenship mailed - ceremony: 9 February - 7 June 2017

 

VJ K-2 AOS Guide

Posted
So, can anyone translate, are they really saying "No", I don't need to file anything else, no extensions, no explanation letter, no nothing, just the 1040NR for 2007, 2006 and 2005?

Yes, I think that is what they are saying

DCF Timeline here

POE Timeline

08/24/2008 POE Seattle

08/29/2008 SSN assigned

09/08/2008 SSN (Card) received

09/29/2008 Green Card received

I-90 Timeline (USCIS error)

11/10/2008 Send I-90 to Texas service center

12/xx/2008 NOA1

01/07/2009 Card production ordered

01/14/2009 Card mailed

01/xx/2009 Card received

I-751 Timeline

06/02/2010 Send I-751 to California service center

06/04/2010 Received at CSC

06/07/2010 NOA1

06/09/2010 Check cashed

07/27/2010 Biometrics

07/28/2010 Touch

09/02/2010 Approved

Posted

Hehe. Short and sweet! You are correct - they are saying you do not have to do any of those things. Back file for 2005, 06, and 07 only and no need to for the form asking for an extension. There's also no need for explanation. I would wager that half or more of the returns they see are crazy late because so many Americans abroad do not know they need to continue filing tax returns.

You will however need the 2555 along with the 1040 in order to exclude your foreign income. I believe the exclusion is up to something like $83,000 USD equiv now.

My Crafting Blog - On a Roll - Blogspot

3179788211_95b93e62af_t.jpg3179788215_6a1e497e9b_t.jpg3165849344_f296789fd3_t.jpg

_______________________________________________________

US Immigration Timeline

-------------------------

24 Feb 2007 - Sent I-130 to London USCIS office (I'm the petitioner)

25 May 2007 - NOA2

2 June 2007 - Received Packet 3

12 Oct 2007 - Sent Packet 3 back by special delivery

5 Nov 2007 - Interview in London - Approved without any hitches!

7 Nov 2007 - Visa and MBE arrived by SMS! :)

30 Jan 2008 - Fly to Michigan!! :)

*Note: Any delays in our case are only due to us taking things slowly

Posted
You will however need the 2555 along with the 1040 in order to exclude your foreign income. I believe the exclusion is up to something like $83,000 USD equiv now.

Would I need to do the 2555 for each year as well then?

DCF Immigration Timeline

-------------------------

25 Nov 2008 - Sent I-130 to London USCIS office

01 Dec 2008 - I-130 received by Embassy

19 Dec 2008 - Petition Approved

24 Dec 2008 - Notice of approval received

03 Jan 2009 - Packet 3 received

03 Feb 2009 - Medical Exam completed

15 May 2009 - INTERVIEW!

18 May 2009 - Interview went well, but Visa not granted. More paperwork to submit, more hoops to jump through

01 June 2009 - Sent in required paperwork Part 2

18 June 2009 - VISA GRANTED!!! WOO HOOO!!!

1500616j7ioakmay7.gif Glenn + Carole 130620yypgdmap0q.gif

Posted
You will however need the 2555 along with the 1040 in order to exclude your foreign income. I believe the exclusion is up to something like $83,000 USD equiv now.

Would I need to do the 2555 for each year as well then?

Yep, for each year that you earned foreign income, you'll include the 2555 with the 1040. :)

My Crafting Blog - On a Roll - Blogspot

3179788211_95b93e62af_t.jpg3179788215_6a1e497e9b_t.jpg3165849344_f296789fd3_t.jpg

_______________________________________________________

US Immigration Timeline

-------------------------

24 Feb 2007 - Sent I-130 to London USCIS office (I'm the petitioner)

25 May 2007 - NOA2

2 June 2007 - Received Packet 3

12 Oct 2007 - Sent Packet 3 back by special delivery

5 Nov 2007 - Interview in London - Approved without any hitches!

7 Nov 2007 - Visa and MBE arrived by SMS! :)

30 Jan 2008 - Fly to Michigan!! :)

*Note: Any delays in our case are only due to us taking things slowly

Posted
Yep, for each year that you earned foreign income, you'll include the 2555 with the 1040. :)

Cheers for that

On a totally unrelated topic.........how do you get your timeline onto your profile? I've searched the Help topics but I just can't seem to crack it

DCF Immigration Timeline

-------------------------

25 Nov 2008 - Sent I-130 to London USCIS office

01 Dec 2008 - I-130 received by Embassy

19 Dec 2008 - Petition Approved

24 Dec 2008 - Notice of approval received

03 Jan 2009 - Packet 3 received

03 Feb 2009 - Medical Exam completed

15 May 2009 - INTERVIEW!

18 May 2009 - Interview went well, but Visa not granted. More paperwork to submit, more hoops to jump through

01 June 2009 - Sent in required paperwork Part 2

18 June 2009 - VISA GRANTED!!! WOO HOOO!!!

1500616j7ioakmay7.gif Glenn + Carole 130620yypgdmap0q.gif

Posted
On a totally unrelated topic.........how do you get your timeline onto your profile? I've searched the Help topics but I just can't seem to crack it

Click on "My Assistant" in the light blue bar, then "Add / Edit my Timeline".

On the tax returns thing, you might want to just take all three years into the IRS at Grosvenor Square in person. They'll most likely process them while you wait, then stamp the photocopies of the 1040s that you'll bring with you (you only need the top sheet for stamping, but I usually keep the whole thing on file) and you'll be sorted.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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