Teaching ESL, married and returning to US

[paulbulger 0]

Hi,

Many questions

I am sure there are many in somewhat similar positions. I have been teaching ESL in China for four years. While it is hard to find clear, solid information, my understanding is that I did not make enough money to be required to even file income tax return and that this type of employment does not involve paying Social Security taxes.(see below) I had no plans to ever get married, but now I want to return to the US with my wife and I see problems ahead. My China employers have not provided any written records of my income and doubt they would be able to do it even if they wished to do it. I have some contracts but they are vague and seldom are an accurate account of my pay. This is typical of teaching in China.

I also want to start receiving SS retirement benefits before I return and the online benefits request form asks about earnings that so far I have not reported.

Of course I will need a joint sponsor and my sister has the income. I have been using her as my "residence" since I was living there when I left 4 years ago and my mail still goes to her house. That is where I will return to hopefully next year summer 2010 with my lovely wife. I am starting early since I suspect getting through the visa process will take much time.

It is hard to get through to IRS and Social Security on the phone and they don't respond to email. I find their websites very large but hard to find the clear answers I seek and how it affects my wife's visa .

April 15 is coming soon and I think maybe I should file a return but have no W-2. And should I file married since we did marry in Sepember 2008.

sorry this is so large

Lili and Paul

below

Filing Requirements

If you are a U.S. citizen or resident alien, the rules for filing income, estate, and gift tax returns and for paying estimated tax are generally the same whether you are in the United States or abroad.

Your income, filing status, and age generally determine whether you must file an income tax return. Generally, you must file a return for 2008 if your gross income from worldwide sources is at least the amount shown for your filing status in the following table.

Filing Status*

 

Amount

Single

$8,950

In general, U.S. social security and Medicare taxes do not apply to wages for services you perform as an employee outside of the United States unless one of the following exceptions applies.

1.You perform the services on or in connection with an American vessel or aircraft (defined later) and either:

a.You entered into your employment contract within the United States, or

b.The vessel or aircraft touches at a U.S. port while you are employed on it.

2.You are working in one of the countries with which the United States has entered into a bi national social security agreement (discussed later).

3.You are working for an American employer (defined later).

4.You are working for a foreign affiliate (defined later) of an American employer under a voluntary agreement entered into between the American employer and the U.S. Treasury Department

[iLoveAPolishGirl 0]

I think u need a good accountant!!!

[paulbulger 0]

I think u need a good accountant!!!

I got a tax expert to help me now. I need to do 2555 and 4852 with my 1040.