Affidavit of Support and Tax Returns

[npson 0]

My wife (the petitioner) filed an I-130 on my behalf and we have received a letter confirming it has been approved. (My wife is the US citizen and I am a British Citizen both currently residing in London, UK).

A follow up letter from the Embassy in London was sent to us called packet 3 which was just a one page letter with two links on it asking me (the applicant) to begin completing and collating various pieces of information including an affidavit of support statement (I-864 form) that my wife needs to complete.

It is a really confusing form!

My question(s) are:

1. My wife has been asked to complete a I-864, the thing is we are filing this from London but all the questions refer to amounts on dollars, how do we proceed to complete this correctly - do we need to convert things from dollar to pounds or is there another form that needs to be completed? Also, having read some forums there is reference to another form I-134 which looks like the I-864

2. Within the I-864 it asks if my wife has filed fedreal tax returns for the three most recent tax years. As my wife has been living in the UK for a considerable time she did not know she needed to complete these tax returns as her income has been in the UK. 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), from what I understand, she can get an exemption when filing the US tax returns? How do we go about completing these tax returns for the purposes of our visa application? Does my wife still need to complete such tax returns and how?

3. My wife and I will be living with family in the US once our application is successful - can we use them as co-sponsors as part of the I-864 application given they are based in the US and how does this work from an application perspective?

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????

4. In Part 1 of the I-864, should we tick a) or or e) (we will ask our family members in the US to act as a joint sponsor)

I would really appreciate your help on this!!

Thanks!

[Lansbury 19]

1) You use dollars, I used the exchange rate on the day I completed the form

2) Your wife best get filling out her tax forms. There is an IRS office at the Embassy in London if she needs help. US citizens are required to declare their worldwide income to the IRS. Unless she earned a very high salary she will not owe US income tax but must file.

Start here http://www.usembassy.org.uk/irs/index.htm

3) Family can be co-sponsors

Edited December 28, 2009 by Lansbury

[Darnell 8,479]

Is I-130 petition for CR-1/IR-1 visa?

or is I-129F for K-3 visa?

If is I-130, hey - she needs to do some processing at NVC.

see http://www.visajourney.com/wiki/index.php/...he_NVC_ShortCut

IF is DCF'd I-130, do what the Embassy Tells You, Instead.

Good Luck !

[Darnell 8,479]

--

duh, sorry, just twigged yer doing the DCF'd I-130.

She needs to handle the I-864, YOU need to handle the DS-230. Swap forms between you, ah?

Good Luck !

[npson 0]

--

duh, sorry, just twigged yer doing the DCF'd I-130.

She needs to handle the I-864, YOU need to handle the DS-230. Swap forms between you, ah?

Good Luck !

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?!

[npson 0]

--

duh, sorry, just twigged yer doing the DCF'd I-130.

She needs to handle the I-864, YOU need to handle the DS-230. Swap forms between you, ah?

Good Luck !

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?!

[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?!

[Justine+David 218]

Just because she was living in the UK doesn't mean she didn't need to file taxes...she is exempt from paying taxes up to something like $80k, but she still has to file them. I know because I will have to claim David's income on my 2010 tax return for 2011.

[lirwin2000 0]

Just because she was living in the UK doesn't mean she didn't need to file taxes...she is exempt from paying taxes up to something like $80k, but she still has to file them. I know because I will have to claim David's income on my 2010 tax return for 2011.

she will have to fill out the form 1040 which is the standard individual tax return form and form 2555-EZ which is for foreign earned income exclusions.

you can get the forms online here... http://www.irs.gov/formspubs/article/0,,id=98339,00.html

just download the forms for as many years as she needs to back date them and mail them.

[Lansbury 19]

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!

The Embassy closed for UK and US national holidays. So if you called Monday it was shut.

You are allowed a foreign income allowance each year which if tax in the source country is exempt from US tax. The amount changes each year so you will need to look it up for each year you need to file. Just because you leave outside the US doesn't mean you do not file, my wife did for the 10 years she lived in the UK.

Now you need to speak to the IRS at the Embassy because they very well may not insist on all the missing years returns being submitted. Depending on the circumstances they have allowed people to only file the last 3 years returns.