3 year tax Filing: USC re: DCF JPN > US

[Bryan in Tokyo 0]

Hi guys,

I'm a US Citizen and she's a Japanese Citizen; we were married last month in Tokyo (Aoyama) with plans to move to the US early 2010 via DCF. All things considered and confirmed, the only thing left is the fact that I haven't filed US income taxes for the last 8 years I've been in Japan (I know); my lawyer friends say it is a "technicality" since I do qualify for the "foreign earned income exclusion".

The issue is speed. I want to move over early 2010, so the question is what is the fastest way to obtain proof of late filing for the last 3 years; I'm putting this question out in hopes that some have had experience with this.

Can anyone help?

Thanks! - Bryan

[Otto 83]

When do you plan on filing?

[Anh map 2,098]

You will need to obtain an IRS transcript for the late filings in 07 & 08. You can file 09 normally and a copy would be accepted.

[redglasses 1]

You will need to obtain an IRS transcript for the late filings in 07 & 08. You can file 09 normally and a copy would be accepted.

My husband filed his tax returns for the past three years at a time, made a copy of them, and submitted them at the time of our I-130 petition at the US embassy Tokyo.

We didn't have any problem without transcripts and other proof from IRS.

[Anh map 2,098]

You will need to obtain an IRS transcript for the late filings in 07 & 08. You can file 09 normally and a copy would be accepted.

My husband filed his tax returns for the past three years at a time, made a copy of them, and submitted them at the time of our I-130 petition at the US embassy Tokyo.

We didn't have any problem without transcripts and other proof from IRS.

Good info.

From doing some more reading it does appear that in DCF cases there is some "leniency" with regard to the I-864 requirements pertaining to late filings.

[jpetrocxme 0]

You will need to obtain an IRS transcript for the late filings in 07 & 08. You can file 09 normally and a copy would be accepted.

My husband filed his tax returns for the past three years at a time, made a copy of them, and submitted them at the time of our I-130 petition at the US embassy Tokyo.

We didn't have any problem without transcripts and other proof from IRS.

Good info.

From doing some more reading it does appear that in DCF cases there is some "leniency" with regard to the I-864 requirements pertaining to late filings.

Interesting outcome.

I found this information <b>If you were required to file a Federal income tax return duringany of the previous three tax years but did not do so, you mustfile any and all late returns with IRS and attach an IRS-generated tax return transcript documenting your late filingbefore submitting the I-864 Affidavit of Support. </b>

I wonder if anyone has been "caught up" in this dilemma.

Just my 2 cents

[essjay 0]

I can't comment specifically on DCF through Japan, but we did DCF through London.

My husband, USC, had never filed any US tax returns and he had always lived in the UK. We filed 3 years of US tax returns late just before our interview and produced the photocopies of the US tax returns in the interview. No problem whatsoever. Many people have been in this situation, and have simply filed late returns to come back in to line with filing obligations, and then produce photocopies, not transcripts.

The I-864 instructions refer to the most recent filed tax return and go on to say you can produce three years in total if you want. Most people have found that producing the last three US tax returns has been helpful, even when they do not show any US income. The instructions also say that if you haven't filed the 3 most recent years, you should file now, even though it is late.

Remember, the obligation on the USC is to file US tax returns every year, regardless of where the USC lives. We only found this out during the visa process!!

Hope this helps.

[italy to USA 0]

We're currently in the same situation, we filed late, because as many others, I actually didnt realize I had to file since I live abroad and am a resident of another country and pay taxes here, etc. The rules state, as others have said, that if they are late filings you need the tax transcripts.. Its unfortunate that the immigration process becomes a tax audit essentially at this stage.. I'm hoping that there's just a bit of italian leniency at our interview since ultimately we are going on based on assets.. VJ will be the first to know how it went in a couple weeks