FEDERAL INCOME TAX

[fftpholdings 0]

Hello VJs...,,

Its obvious to me that my USC wife whom I reside with in South Africa is unable to support though technically she must.Why? She is not been living in US for over 8years.She was studying and recently graduated and got job and not been filling her US taxes here.She did not feel obliged. She has dual citizenship of the USA and South Africa.She acquired her US passport here when we went vacation.I have my in-law who qualifies with all requirements to co-sponsor me.

My ??????????? She has ticket for the USA to go and re-establish domicile. What steps should she take to do this? With regards to the tax issue......how and what should she do to obtain the said IRS TRANSCRIPTS? Does the IRS process filing back taxes?

I will appreciate your contributions and many thanx.

Regards

[Christi85 86]

Hello VJs...,,

Its obvious to me that my USC wife whom I reside with in South Africa is unable to support though technically she must.Why? She is not been living in US for over 8years.She was studying and recently graduated and got job and not been filling her US taxes here.She did not feel obliged. She has dual citizenship of the USA and South Africa.She acquired her US passport here when we went vacation.I have my in-law who qualifies with all requirements to co-sponsor me.

My ??????????? She has ticket for the USA to go and re-establish domicile. What steps should she take to do this? With regards to the tax issue......how and what should she do to obtain the said IRS TRANSCRIPTS? Does the IRS process filing back taxes?

I will appreciate your contributions and many thanx.

Regards

Yes, your wife can file tax returns retrospectively with the IRS - there is no penalty for filing retrospectively. If she wasn't required to file (i.e. if she wasn't earning enough income to warrant filing tax returns) she needs to write and sign a statement explaining why she wasn't required to file US taxes. She must file for at least the last 3 tax years and the copies/transcripts need to be presented to the ConOff on the day of the interview. Visit the IRS website and you will find a wealth of info on tax thresholds (to determine whether she was required to file or not on each year), as well as info on how to order tax transcripts.

Your wife will always be your primary sponsor, even if she doesn't earn enough. If she doesn't have US-based income or enough assets, then yes, a qualified joint sponsor should be used (i.e. someone who is a USC or permanent resident and lives in the US, and their income/assets are enough to cover the 125% poverty line for their household size plus yourself).

Re domicile: a ticket to the US is evidence but not likely to be enough IMO - how does the ConOff know that she isn't just visiting? Primarily she needs to show that she has somewhere to live (even if it's with a relative or friend) and present proof for that (e.g. a lease, a signed statement from the relative/friend confirming she'll be staying with them etc.). Proof of an accepted job offer is also good evidence, or at least proof that she's looking for a job (e.g. registration with employment agencies, correspondence with potential employers, job applications etc.). Opening a US bank account and transferring money there is also strong proof.

All that said, she can always fly to the US ahead of your interview and re-establish domicile this way. If she does this, the domicile issue will be resolved as she'll already be domiciled in the US.

[Anh map 2,098]

These FAQ can give you some good info about domicile and other Affidavit of Support items -->> http://travel.state.gov/visa/immigrants/info/info_3183.html