Completing tax returns for I-864

[npson 0]

Hi All,

My wife (the petitioner - US Citizen) and I (UK Citizen) are at the stage of my visa application where we now need to collate various documents which includes the

I-864 being submitted to the US Embassy based in London (we both live and work in London).

On the I-864 it is asking if my wife has filed tax returns for the last 3 years, as she has lived in the UK for a long period of time she did not know she needed to file a tax return. Do we need to arrange for this to be completed in order to complete the I-864, if so, how do you file a tax return?

She has not earnt any income in the US but has worked in the UK (also has a British passport - born in the US but lived in the UK for a long period of time).

Can my wife complete parts of the I-864 and when arrange for family members who we will be staying with in the US to act as joint sponsors and complete the I-864 elements that ask for tax return and income details????

I would really appreciate your help!!

Thanks

[Bobby+Umit 161]

Hi All,

My wife (the petitioner - US Citizen) and I (UK Citizen) are at the stage of my visa application where we now need to collate various documents which includes the

I-864 being submitted to the US Embassy based in London (we both live and work in London).

On the I-864 it is asking if my wife has filed tax returns for the last 3 years, as she has lived in the UK for a long period of time she did not know she needed to file a tax return. Do we need to arrange for this to be completed in order to complete the I-864, if so, how do you file a tax return?

She has not earnt any income in the US but has worked in the UK (also has a British passport - born in the US but lived in the UK for a long period of time).

Can my wife complete parts of the I-864 and when arrange for family members who we will be staying with in the US to act as joint sponsors and complete the I-864 elements that ask for tax return and income details????

I would really appreciate your help!!

Thanks

You will have to sort out your tax issue (back returns/fees/penalties) prior to attempting to use the transcripts (or lack of).

Both the sponsor and co-sponsors would fill out a 864. So that would work, however,

even with sponsors, she might be required to explain why she didn't pay taxes. Depends on how they interpret the 864 instructions. I would just fix the tax issue and go from there.

(would she make enough (last 3 years) to meet the poverty level?

[trailmix 77]

Hi!

On the I-864 it is asking if my wife has filed tax returns for the last 3 years, as she has lived in the UK for a long period of time she did not know she needed to file a tax return. Do we need to arrange for this to be completed in order to complete the I-864, if so, how do you file a tax return?

She is required to submit returns for at least the last 3 years, it is a requirement of the I-864 and there is no loophole here - she has to do it. She will need to fill in a 1040 and probably a 2555 (to exclude her foreign earned income). Visit the IRS website for all the details. I have also seen people post here that say there is help available to file those returns at the London embassy, I would post this question in the UK Forum here on VJ if you want more info on that.

Can my wife complete parts of the I-864 and when arrange for family members who we will be staying with in the US to act as joint sponsors and complete the I-864 elements that ask for tax return and income details????

No, the primary sponsor - your wife (even though she has no income that qualifies for support for the I-864) - must complete the entire I-864. Your joint sponsor will also complete an entire I-864.

[rin and john 71]

Info regarding penalty for USC not filing a return:

http://www.irs.gov/formspubs/article/0,,id=186746,00.html

[Anh map 2,098]

The US embassy in London has an IRS presence. Check out the embassy website for the details. That ought to help the USC get the tax filings taken care of.

I recall that another UK VJ'er in a similar situation did not have to obtain the transcript of the late filed taxes.

[npson 0]

Thanks for this.

We have been trying to get through to the IRS services department in London to find out how my wife files tax returns as part of the I-864 file tax but we can't get through!

If I understand the process correctly my wife would be exempt based on the fact her income was from the UK - here is their home page http://www.usembassy.org.uk/irs/index.htm

As my wife has never filled a Tax Return out before - we have no idea where to start or which form to use!????

Can anyone help?!

[Gary and Alla 3,694]

Hi All,

My wife (the petitioner - US Citizen) and I (UK Citizen) are at the stage of my visa application where we now need to collate various documents which includes the

I-864 being submitted to the US Embassy based in London (we both live and work in London).

On the I-864 it is asking if my wife has filed tax returns for the last 3 years, as she has lived in the UK for a long period of time she did not know she needed to file a tax return. Do we need to arrange for this to be completed in order to complete the I-864, if so, how do you file a tax return?

She has not earnt any income in the US but has worked in the UK (also has a British passport - born in the US but lived in the UK for a long period of time).

Can my wife complete parts of the I-864 and when arrange for family members who we will be staying with in the US to act as joint sponsors and complete the I-864 elements that ask for tax return and income details????

I would really appreciate your help!!

Thanks

No, doesn't matter. Your wife will have to file tax returns. Living abroad does not exempt one from filing returns, I did it for several years. She will be exempt from paying taxes on some or all of her foreign income but that is not the same as being exept from filing taxes. They need the papers, not necessarily money.

She can google 1040/2008 (1040/2007, etc.) to get the forms. There is no penalty for filing late if no tax is owed. Make copies of each return and send them in from wherever she is in the world, doesn't matter, she does not have to be living in the US to file taxes. I filed US taxes from Ukraine and Canada in the past

[New Beginnings 32]

Exactly right to the above post!

[nc73 0]

You only need to submit the most recent tax return. You only need 3 years if you think it will help you establish that you make enough in the past.

[Gary and Alla 3,694]

You only need to submit the most recent tax return. You only need 3 years if you think it will help you establish that you make enough in the past.

the I-864 requires that you submit the most recent year tax return AND give a statement of reported earnings for the two years previous to that. In order to do this she will have to do tax returns for those years. The amount reported for those years can be checked by USCIS OR they can request copies of the returns. Tax law requires she complete tax returns each year, regardless f she lived abroad.

She needs to complete tax returns for all three years and send them to the IRS. She can attach ONE to the I-864 and make a statement reagrding the other two years.