i-864 USC without current taxes

[AandJ 3]

Hello,

I am an USC and have been living abroad for the last 4 years. I am currently petitioning for my Spanish husband for a CR-1 visa.

I am preparing my i-864 and have my taxes from 2009 and 2010 to turn in but did not file the 2011 ones.

In 2009 I cashed in some savings bonds and in 2010 I cashed in my 401k, which is why I filed, although I had no income in the country.

This year however, I did not cash anything in and did not make any income, so was advised by my accountant that filing was unneccessary. Now however, I don't know if I need to file a late submission so I have the 2011 taxes to turn in with my i-864? Would a letter from my accountant stating the filing was not needed be enough?

I do not make anywhere close to the threshold of foreign income that is required to report to the USA.

Thank you in advance for your help,

A

[Anh map 2,098]

What you earn in the US is not the amount that matters. US citizens and LPR's are required to report worldwide income. There is an amount of foreign income that is exempt from taxation, but it is still income.

The form I-864 instructions (page 8) give you what is needed if your worldwide income is below the filing threshold. You, not an accountant, would submit a written explanation.

[Tim/Mav 305]

This is only what I personally think:

2009-2010 Taxes were Filed. Hopefully, those 2 years were above poverty levels the fit the number of people in the Petition.

You cashed-out retirement funds for those 2 years but 2011 you maybe had nothing left to cash-out and did not work at all in 2011 as stated.

So, with no income to report the accountant suggested a letter for various reasons. Meaning, no reason to report due to low limits. That is good, get the Letter.

But Facts are: No Income for 2011 is going to hurt even with a letter from your accountant.

It would show to USCIS "Unable to Support".

I did not look to see if you had a Co-Sponsor and indeed would help.

I would not File until you have a job that meets the Income Requirements. Trying to be realistic how USCIS might look at it and your Petition.

Your not alone.

[AandJ 3]

My American income is $0 for the last 3 years. We already have a joint sponsor who meets the poverty limit and way above. I know that as the petitioner I have to file though and am just concerned about this year's taxes...

[Anh map 2,098]

My American income is $0 for the last 3 years. We already have a joint sponsor who meets the poverty limit and way above. I know that as the petitioner I have to file though and am just concerned about this year's taxes...

It's not just your American income that you are required to report to the IRS. See page 8 to learn about the statement that you will provide in reference to your 2011 tax return.

[aaron2020 11,651]

My American income is $0 for the last 3 years. We already have a joint sponsor who meets the poverty limit and way above. I know that as the petitioner I have to file though and am just concerned about this year's taxes...

The following is based on you have zero in US income.

Did you have more than $5,700 in foreign income? ($5,700 is the exemption amount when filing married filing separately. I presume your husband would rather not volunteer to have his income taxed by the US.)

If you made more than $5,700 in foreign income, then you are required to file a US tax return. Even with a Joint Sponsor, you are required to file a US tax return to meet the I-864 requirements.

If you made less than $5,700 for 2011, then you are not required to file a US tax return. You would need to send a note with your I-864 explaining you made less than that amount and was not required to file a US tax return.

[AandJ 3]

Thank you all for your help. I'm checking out the IRS website now and will chat with my accountant this coming week to get the ball rolling!