how can you file a tax return when you haven't been living in the USA

[Darren526 0]

Hi had interview today with consulate and they rejected us because my wife hasn't filed a income tax return for 2011. But she hasn't been living in the USA for 2011 how do they think we can do this. I will be using money left for me by family as they have passed away recently to help us to relocate to the USA. We have even proved it by using a solicitor letter what should we do next any help will be greatly appreciated.

[Harpa Timsah 13,258]

She just files them. Google 1040 form, send to the address in the instructions. A USC must file taxes even if they didn't work in the US. For future reference for you as well, a Legal Permanent Resident must do the same.

[WrightFamily 34]

Hi had interview today with consulate and they rejected us because my wife hasn't filed a income tax return for 2011. But she hasn't been living in the USA for 2011 how do they think we can do this. I will be using money left for me by family as they have passed away recently to help us to relocate to the USA. We have even proved it by using a solicitor letter what should we do next any help will be greatly appreciated.

The last day to file 2011 Taxes is on Tuesday, April 17, 2012, therefore Your wife must not have filed Taxes for 2010 - nor included the Transcripts in the package. Even if she didn't earn any wages she must still file a tax return for the prior year.....

[chaine1 116]

I am a USC residing abroad, and I file my taxes each year with TurboTax. If your wife made less than $91,400, it will take you to Form 2555 (Foreign Earned Income Exclusion), which will be completed along with the 1040. You won't owe any taxes on the salary, as long as it is below the $91,400 threshold. If she made more than $91,400, then she will probably want to consult someone who is experienced in dealing with expat taxes. I believe the US government has tried to reduce double taxation (paying taxes to both county of resident and the US), but I can't offer advice about how those are handled.

Here is some info from the IRS website:

http://www.irs.gov/newsroom/article/0,,id=108276,00.html

Good Luck!

[Darren526 0]

Even when you live in another country for 8 years and has filed Aussie tax returns for the years she has worked in the Australia you still need to file in the USA as well even though she hasn't been there working don't they consider that double dipping? trying to get this matter cleared up so we can get approval .

[Darren526 0]

Even when you live in another country for 8 years and has filed Aussie tax returns for the years she has worked in the Australia you still need to file in the USA as well even though she hasn't been there working don't they consider that double dipping? trying to get this matter cleared up so we can get approval .

[Penguin_ie 5,994]

Even when you live in another country for 8 years and has filed Aussie tax returns for the years she has worked in the Australia you still need to file in the USA as well even though she hasn't been there working don't they consider that double dipping?

There is a difference between filing and paying. The IRS simply wants a record of what you have made, unless she made a lot of money (as mentioned above), she won;t have to pay.

[lubnajavid 20]

@darren526

i agree with all the posters here - slightly different skew on my answer but it still applies to you.

my wife - the benficiary - did not live in the US - but i declared her income - and as stated its below that 92000USD - note thats US DOllars - you will need to convert local currency to USD when you enter this into something like turbotax.

On the www.irs.gov site - search for 2555 and it will tell you what to do etc

http://www.irs.gov/businesses/small/article/0,,id=130524,00.html

also you can use this site - its one of the choices linked from the IRS site to convert:

http://fms.treas.gov/intn.html#rates

I did turbotax entry at the weekend and can verify it does ask the pertinent questions.

And yes - its not a case of paying taxes - all USCs - regardless of where they live, must FILE their taxes.

you may have some trouble here... see if you can file your taxes for the previous years that you have not - and then send that it - with proof of filing - use the e-file if you can - not sure if thats going to be possible for previous years now- you may have to snail mail it.

The process clearly says - send your tax returns... they want to know that you make enough money to cover the Federal Poverty guidelines.

Edited March 13, 2012 by lubnajavid

[Gaijinsan 3]

Even when you live in another country for 8 years and has filed Aussie tax returns for the years she has worked in the Australia you still need to file in the USA as well even though she hasn't been there working don't they consider that double dipping? trying to get this matter cleared up so we can get approval .

Your wife will probably be able to exclude some foreign income (through the foreign income and/or housing exclusions). If she had employment income in excess of that amount, then she can potentially use foreign tax credits to offset any foreign income taxes paid against US tax liability.

As has been noted, all US citizens (and permanent residents) face US tax liability on their worldwide incomes, with provisions as the above designed to minimize or eliminate double-taxation burden. If you become an LPR, you will be subject to these same requirements.

[KLS2010 30]

I'm a little confused ...not about the having to file taxes part - yes all USC have to file taxes in the US regardless of whether they are living there or not.

The part I'm confused about is ....how did you get to the interview stage without having to have put in the tax returns beforehand???

Not much you (well your wife) can do except file the taxes she is missing.

[JNEKG 4]

I am interested also in how you get to consulate stage without this information? What did you submit with your I864? We are in a similar position. My husband has never worked in the us and we are trying to get his tax returns done before we have to submit I 864. Also we are planning on proving support through assets. I am interested to hear your journey.

[Darren526 0]

I am interested also in how you get to consulate stage without this information? What did you submit with your I864? We are in a similar position. My husband has never worked in the us and we are trying to get his tax returns done before we have to submit I 864. Also we are planning on proving support through assets. I am interested to hear your journey.

I was left a share of an estate from my deceased estate. And was using the funds that I have gained to use as support which totals well over the threshold which the US Government require. My wife(petitioner) living here in Australia with me for 8 years did not know she had to file US Taxes while paying Australian taxes out here. She has only been working out here for the last 3 and a half years.

What I submitted with I864 was a Statutory Declaration from our solicitor stating that I am entitled to funds from my deceased father's estate. The NVC accepted the Affidavit Of Support.

I was surprised that they also required a US Tax Return.We spoke to the NVC about whay to put down for the Tax sections on the I864, just said to leave blank and go with the assets that I have required, Never got rejected. I thought I would be granted a Visa at the interview. Was surprised to get rejected.

I have since got my wife to file a 2011 US Tax Return online to the IRS. And have sent a copy to the US Consulate in Sydney. I have no idea how long they will take to decide and grant me a IR1 Visa but at least I have done what they require.

[Darren526 0]

@darren526

i agree with all the posters here - slightly different skew on my answer but it still applies to you.

my wife - the benficiary - did not live in the US - but i declared her income - and as stated its below that 92000USD - note thats US DOllars - you will need to convert local currency to USD when you enter this into something like turbotax.

On the www.irs.gov site - search for 2555 and it will tell you what to do etc

http://www.irs.gov/businesses/small/article/0,,id=130524,00.html

also you can use this site - its one of the choices linked from the IRS site to convert:

http://fms.treas.gov/intn.html#rates

I did turbotax entry at the weekend and can verify it does ask the pertinent questions.

And yes - its not a case of paying taxes - all USCs - regardless of where they live, must FILE their taxes.

you may have some trouble here... see if you can file your taxes for the previous years that you have not - and then send that it - with proof of filing - use the e-file if you can - not sure if thats going to be possible for previous years now- you may have to snail mail it.

The process clearly says - send your tax returns... they want to know that you make enough money to cover the Federal Poverty guidelines.

I'll get my wife to sort out her past taxes once we move to the States. Its not like she will owe any money to the IRS. Her yearly salary would be well below the threshold. I have her Australian Tax returns for the past years so will be able to get the information I require from them. We just didn't realize she had to be filling US Taxes. Wouldn't be surprised if their are other people around the world who haven't been filing US Taxes while living overseas..

I wont have to file Australian taxes while living in the States. I will do my last Australian Tax return after June 2012. We have the option of marking our tax returns as being the last if relocating overseas.

[lubnajavid 20]

@darren526 - good luck - hope this works out for you.

let us know how it goes or if you have questions - there are plenty of people here to help with advice!

[KLS2010 30]

What I submitted with I864 was a Statutory Declaration from our solicitor stating that I am entitled to funds from my deceased father's estate. The NVC accepted the Affidavit Of Support.

I was surprised that they also required a US Tax Return.We spoke to the NVC about whay to put down for the Tax sections on the I864, just said to leave blank and go with the assets that I have required, Never got rejected. I thought I would be granted a Visa at the interview. Was surprised to get rejected.

A friend of mine from here in VJ also had her AOS 'approved' by the NVC only to have her husband denied at interview. They were just under the 125% poverty guideline (and I admit - she should have realised this herself when she sent the AOS) and were told by the embassy to get a co-sponsor.

Unfortunately it seems that the NVC really doesn't 'vet' the AOS - so I don't know why we have to bother sending things to them in the first place. It seems they just check to see if all the papers are there, and don't really check to see if it fully meets the requirements. In that respect I'm surprised they actually approved your AOS because I thought they would still have been looking for your wife's tax returns (or a statement saying that she wasn't required to file), even though you say your assests are over the minimum required.

Having said that, it really doesn't matter what the NVC says - approval is at the discretion of the Embassy/Consulate. The good news is that this should be a pretty easy fix. I know it's frustrating and upsetting to have been denied, but honestly, once your wife gets her tax transcript and you submit it to the Consulate - they shouldn't take too long to get your approval.

Good luck with it - just hang in there a little bit longer - the end is in sight!!