My DCF questions - taxes, domicile, the works!!

[Malrothien 6]

I'm the USC and I live in Canada. In the address field I put my Canadian address.

[trailmix 77]

Can you let me know in this case what I would put in the address field (#2) of the I-130 which asks for the petitioner's address? Would it be my Pk address or an address for me in the US? I know if I'd done the DCF it would've been a Pk address. Additionally, if I'm to list a US address is this where they would send any future correspondence?

Thank you also for your answer to the tax questions. I will look at the website.

They will send the correspondence to the address you list, I would enter your Pk address.

Edited September 29, 2009 by trailmix

[Ashes 0]

I'm the USC and I live in Canada. In the address field I put my Canadian address.

Malrothien,

Did you do a DCF? If not then which USCIS PO Box/lockbox did you send your I-131 petition to?

Edited October 1, 2009 by Ashes

[txladykat 1]

I can clarify the tax returns.

The I-864 only asks you to provide a copy of your tax return for the previous year, BUT they have the discretion to ask for up to three years worth. You also must state your income as listed on your tax return for the three years previous.

The posts you saw about people submitting a letter saying that you didn't have to file is either wrong or misleading. If you have income over $500 you must file a tax return in the US. However, you get to list the taxes you paid in Pakistan, which means you won't have taxes due in the US since your income was low, BUT you still need to file a return, if there is no tax due. They likely had no income, hence a letter stating they were not required to fie a tax return.

[Ashes 0]

I can clarify the tax returns.

The I-864 only asks you to provide a copy of your tax return for the previous year, BUT they have the discretion to ask for up to three years worth. You also must state your income as listed on your tax return for the three years previous.

The posts you saw about people submitting a letter saying that you didn't have to file is either wrong or misleading. If you have income over $500 you must file a tax return in the US. However, you get to list the taxes you paid in Pakistan, which means you won't have taxes due in the US since your income was low, BUT you still need to file a return, if there is no tax due. They likely had no income, hence a letter stating they were not required to fie a tax return.

Txladykat,

Thank you! I'll be looking into the IRS website over the weekend to see how to go about back filing them for the last 3 years.

[trailmix 77]

Can you give us a link to this $500 cutoff txladykat? I have never seen that amount in relation to a cutoff for filing a tax return.

What I do know (and you can see where I have linked to this if you look back at the first page of posts in this thread) is that the IRS posts the cut off amount each year whereby you have to file - and it's not $500.

It is also true that if you were not required to file a tax return you are supposed to include a statement as to why you were not required to file. This information can be found in the adjudicator's field manual.

Anyway, I would really recommend that you visit the IRS site and look up some facts on tax returns before making claims such as the above (and I mean that in a nice way).

Below are the guidelines for 2008 link to IRS webpage stating this - Ashes you may find this page helpful: Publication 54 (2008), Tax Guide for U.S. Citizens and Resident Aliens Abroad

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

65 or older $10,300

Head of household $11,500

65 or older $12,850

Qualifying widow(er) $14,400

65 or older $15,450

Married filing jointly $17,900

Not living with spouse at end of year $3,500

One spouse 65 or older $18,950

Both spouses 65 or older $20,000

Married filing separately $3,500

*If you are the dependent of another taxpayer, see the instructions for Form 1040 for more information on whether you must file a return.

Edited October 3, 2009 by trailmix

[Ashes 0]

Can you give us a link to this $500 cutoff txladykat? I have never seen that amount in relation to a cutoff for filing a tax return.

What I do know (and you can see where I have linked to this if you look back at the first page of posts in this thread) is that the IRS posts the cut off amount each year whereby you have to file - and it's not $500.

It is also true that if you were not required to file a tax return you are supposed to include a statement as to why you were not required to file. This information can be found in the adjudicator's field manual.

Anyway, I would really recommend that you visit the IRS site and look up some facts on tax returns before making claims such as the above (and I mean that in a nice way).

Below are the guidelines for 2008 link to IRS webpage stating this - Ashes you may find this page helpful: Publication 54 (2008), Tax Guide for U.S. Citizens and Resident Aliens Abroad

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

65 or older $10,300

Head of household $11,500

65 or older $12,850

Qualifying widow(er) $14,400

65 or older $15,450

Married filing jointly $17,900

Not living with spouse at end of year $3,500

One spouse 65 or older $18,950

Both spouses 65 or older $20,000

Married filing separately $3,500

*If you are the dependent of another taxpayer, see the instructions for Form 1040 for more information on whether you must file a return.

Trailmix,

Thank you for the detailed reply. It def. seems that I need to back file for taxes. Will be figuring out how to on the IRS website over the course of today and tomorrow.

[trailmix 77]

Trailmix,

Thank you for the detailed reply. It def. seems that I need to back file for taxes. Will be figuring out how to on the IRS website over the course of today and tomorrow.

You're welcome!

It's not that hard, basically you just do a 1040 for each of the last three years, all the forms are available for each year on the IRS website.

Then, unless you have income other than employment, the only other form you really need is the 2555 to exclude that income.

[txladykat 1]

Trailmix, to clarify the answer on the $500, that came straight from an IRS agent when my business was audited

I had paid my children to work in the business the last year it operated. I was subsequently audited for that year. One child was paid $400, the other $800. The IRS made my oldest son (the one who made $800) go back and file a tax return for that year stating that if they earned income over $500, they must file a tax return, whether taxes were due or not. Of course, he owed no taxes, but they still required him to file a tax return, and he was only 14 at the time.

[TLG786 0]

Hi,

Ashes, I am also a USC residing in pakistan temporarily for the past 2 years. My husband was on a j1 visa for 7 years and has completed a two year home residence requirement . So i was recently able to DCF because i DID NOT enter on a visitor visa, rather I have a Pakistani Origin Card (POC) which lets you in visa-free. I was able to get that because my father is from here and he made it for me a few years ago.

I am also concered about domicile. As I am employed with a charitable organiztion here that has headquarters/affiliates in the U.S. I do have an address that my bank statemtns go to /license from where I am originally from (also virginia). But where i finally 'intend' to live would depend on where we we get jobs.

I have heard that if you can show joint property/assets in place of income...that can work also. Not 100% sure about the affidavit of support.

My hsuband is a doctor and I'm in the healthcare field too..so we would not apply until we knew we had the visa. So its kinda tricky. Wish you all the luck! If you need any help wiht the petition do tell me as I know its stressful.

Oh one thing! When you send the petition , you also have to send in the G-325A biographic info form for you and your spouse. On the directions it says to send a copy only. But I was rejected the first time because they still require 4 copies each. Meaning the same form...4 copies of ur info, 4 copies of ur spouse to send in with the application. The directions are kind of hazy.

peace

TLG

Trailmix, to clarify the answer on the $500, that came straight from an IRS agent when my business was audited

I had paid my children to work in the business the last year it operated. I was subsequently audited for that year. One child was paid $400, the other $800. The IRS made my oldest son (the one who made $800) go back and file a tax return for that year stating that if they earned income over $500, they must file a tax return, whether taxes were due or not. Of course, he owed no taxes, but they still required him to file a tax return, and he was only 14 at the time.

Edited November 8, 2009 by TLG786

[Ashes 0]

Hi,

Ashes, I am also a USC residing in pakistan temporarily for the past 2 years. My husband was on a j1 visa for 7 years and has completed a two year home residence requirement . So i was recently able to DCF because i DID NOT enter on a visitor visa, rather I have a Pakistani Origin Card (POC) which lets you in visa-free. I was able to get that because my father is from here and he made it for me a few years ago.

I am also concered about domicile. As I am employed with a charitable organiztion here that has headquarters/affiliates in the U.S. I do have an address that my bank statemtns go to /license from where I am originally from (also virginia). But where i finally 'intend' to live would depend on where we we get jobs.

I have heard that if you can show joint property/assets in place of income...that can work also. Not 100% sure about the affidavit of support.

My hsuband is a doctor and I'm in the healthcare field too..so we would not apply until we knew we had the visa. So its kinda tricky. Wish you all the luck! If you need any help wiht the petition do tell me as I know its stressful.

Oh one thing! When you send the petition , you also have to send in the G-325A biographic info form for you and your spouse. On the directions it says to send a copy only. But I was rejected the first time because they still require 4 copies each. Meaning the same form...4 copies of ur info, 4 copies of ur spouse to send in with the application. The directions are kind of hazy.

peace

TLG

Hi TLG,

Thank you so much for your input. You're lucky that you can do DCF - there weren't POCs when I landed here so we had to come on a visitor's visa.

You've only been living in Pk for 2 years so I'm assuming domicile in the US won't be too hard to prove- especially if you can obtain employment with your current employer back in the US. I'm having to make up for a lot of lost time but have a few things gathered - i.e. bank account in the US, voter registration, lease agreement w/a friend where we plan to stay. I also hope, as time gets closer, to obtain employment with a company I used to work with in my previous job here in - hopefully that will pan out.

Yes, I did send 4 copies of each of the G-325a for us - you're right the directions are hazy and I thought it better to be safe. I just mailed my petition so let's see what happens. Where're you in the process?