Case Completed but issues on I-864

[JohnBimbow 1]

Hi people, how are you doing?

My case were completed this Monday, 07/09/12 and my priority date is current. On 07/10, day after, I received an email with a checklist cover letter, saying that some documents were missing and failure to provide the requested information will delay your immigrant visa interview.

At this point, the first thing I thought was: How can I get the case completed and the day after I receive a letter of missing documents? Let's call to NVC...

I call NVC yesterday and a impolite operator talked to me and he said that the case is completed and I don't have to send anything to NVC and if I send something it will only delay the interview process. He also said, that I just have to wait for the interview date. Not happy with the answer, which the operator gave to me, I call NVC again this morning. This time a very nice operator explained that I will have to send the missing documents to beneficiary to show at the interview and this documents were not affect the schedule for the interview. She said to call next week to check if they have an interview date already.

OK, I think one thing it is done. Now I just have to wait.

Now, regarding the missing documents... I became a green card holder in 2009. Due to misunderstood about the process, my family did not come with me in 2009. So in 2010 I applied for their immigration process. At the time the we applied, our priority date were very far from the current priority date. Without knowing when my priority date would be current, I returned to Brazil, I returned to work there and every 6 months I returned to US, just to don't lose the green card. So during 2009, 2010 and 2011 I did not work in US and did not fill for tax returns. My brother added me as his dependent on his tax returns.

As my priority date was coming, I decided to return to US and now I am currently working. After start working, I add a copy of employee agreement that the company and I have signed. In this letter shows my position and my annual income.

Now the missing documents are (with my comments below):

[x] A written statement/explanation is required if you are/have been unemployed, retired or dependent as to why tax returns were not filed.

I sent a letter explaining that during 2009, 2010 and 2011 I did not work in US

[x] The listed income tax documents/IRS statements for the years marked below are missing/incomplete

(if you have lost any of the requested tax information, contact your local IRS office to obtain a copy)

(Only Federal returns (not state or local) are acceptable unless the sponsor's income was earned in Puerto Rico.)

• Federal income tax returns, literal printouts from IRS (RTFTP) or a Letter 1722 issued by the IRS are

missing/incomplete for the year(s): [x] 2011 [ ] 2010 [ ] 2009 [ ] 2008.

Why still asking for this? I have already said that I did not fill tax returns

[x] You have not enclosed an explanation of why you were not required to file income taxes under

Federal tax laws for any/all of the 3 most recent tax years. (Residence outside of the U.S. or retirement

does not exempt a U.S. Citizen or LPR from filing a Federal tax return. Individuals who were required to

file Federal returns but failed to do so are advised to file late returns.)

Again....I did not work during those years

Part 6 Sponsor's Income and Employment

[x] This section is incomplete, please answer all questions completely. (If a question is not applicable, please indicate N/A/ in the appropriate space.)

Maybe I made a mistake here

[x] John Bimbow's income indicated on the I-864 Part 25 does not correspond to that shown on the most recent tax return and W-2(s).

Shure! I started working this year, 2012, in US. I never had a W2.

Then I will have to send all these information to the beneficiary's interview. Actually, I will go to the interview too...Just in case...

Now I need your help. I have already sent a letter explaining that during those years I did not work and I were dependent of my brother.

How can I proof that I did not need to fill the tax returns?

Sorry for the long thread, but I need to share this with somebody...

Thank you all.

Edited July 11, 2012 by JohnBimbow

[ISIS AND TROY 5]

You received a false RFE from NVC, that happens...I myself got three false RFEs. Now related to the financial situation I would recommend you to talk to the experienced members cuz I am not sure about the answer. Just forget about the REFs...

Good luck!

[JohnBimbow 1]

You received a false RFE from NVC, that happens...I myself got three false RFEs. Now related to the financial situation I would recommend you to talk to the experienced members cuz I am not sure about the answer. Just forget about the REFs...

Good luck!

Thank you for the answer...Let's wait for an interview date then...

Now, what do I do for the financial situation?

[]'s

[Anh map 2,098]

You've told us that your statement said that you didn't work in the US and later you state that it asserted that you did not work at all. Which version did you actually send in with the I-864?

Not working in the US does not exempt you from filing US tax returns. The US taxes on worldwide income. If your affidavit only said that you did not work in the US, that is not sufficient.

Your brother claiming you as a dependent is a completely different issue. Being claimed as a dependent does not exempt a person from filing a tax return. That is an issue between him and the IRS.

[JohnBimbow 1]

You've told us that your statement said that you didn't work in the US and later you state that it asserted that you did not work at all. Which version did you actually send in with the I-864?

Not working in the US does not exempt you from filing US tax returns. The US taxes on worldwide income. If your affidavit only said that you did not work in the US, that is not sufficient.

Your brother claiming you as a dependent is a completely different issue. Being claimed as a dependent does not exempt a person from filing a tax return. That is an issue between him and the IRS.

Hi,

I think it is a little bit confusing....I will try to detail...

In 2009 I went to US and I lived for 3 months. Did not work and did not earn any money. Then, after 3 months, I returned to Brazil and return to US every 6 months. So, during 2009, 2010 and 2011 I never work in US, I never earn any money in US. During those years I were in Brazil, working and receiving money in Brazil and filled the Brazilian tax returns.

At the beginning of the year, I thought filling the US Tax Return, but my brother said that as he had already sent his tax returns, with me as dependent, I could not file this year because could generate fraud to IRS.

Thank you

[Anh map 2,098]

Hi,

I think it is a little bit confusing....I will try to detail...

In 2009 I went to US and I lived for 3 months. Did not work and did not earn any money. Then, after 3 months, I returned to Brazil and return to US every 6 months. So, during 2009, 2010 and 2011 I never work in US, I never earn any money in US. During those years I were in Brazil, working and receiving money in Brazil and filled the Brazilian tax returns.

At the beginning of the year, I thought filling the US Tax Return, but my brother said that as he had already sent his tax returns, with me as dependent, I could not file this year because could generate fraud to IRS.

Thank you

Worldwide income is taxable in the US for all citizens and green card holders. If you earned enough money in Brazil (or any country) then a US tax return is needed. You will have to check the IRS website to know what the minimum amounts were in 2009, 2010, and 2011.

There is a foreign income exclusion so that up to ~ $90,000 earned overseas is exempt from US tax.

Your brother's tax return is his business. If he claimed you when he shouldn't, that is his problem.

[JohnBimbow 1]

Worldwide income is taxable in the US for all citizens and green card holders. If you earned enough money in Brazil (or any country) then a US tax return is needed. You will have to check the IRS website to know what the minimum amounts were in 2009, 2010, and 2011.

There is a foreign income exclusion so that up to ~ $90,000 earned overseas is exempt from US tax.

Your brother's tax return is his business. If he claimed you when he shouldn't, that is his problem.

Good morning Anh,

Once again, thank you for your answer.

I checked for this information on IRS website. I found this:

"If you are a U.S. citizen or a resident alien of the United States and you live abroad, you are taxed on your worldwide income. However, you may qualify to exclude from income up to an amount of your foreign earnings that is now adjusted for inflation ($91,400 for 2009, $91,500 for 2010, $92,900 for 2011, $95,100 for 2012). In addition, you can exclude or deduct certain foreign housing amounts"

Another thing that I found interesting, that can help me, is about 330 full days overseas. I really lived more than 330 days and did not earn $92,900.

The information is here: http://www.irs.gov/businesses/small/international/article/0,,id=97130,00.html

Now, do I have to file the Form 2555-EZ, Foreign Earned Income Exclusion (PDF)?

Thanks

[NigeriaorBust 4,087]

Several things. You are supposed to live in the US with your green card. The petitions you filed are to reunited family with a person living in the US and you aren't. This could be a major issue in the interview. If you get the wrong CO they will deny. You could also lose your GC for your pattern of travel. You are futher drawing attention to your travel patterns.

Both these are coulds not wills.

There is no obvious path for your brother to have claimed you on his taxes . You weren't his dependant , you didn't live with him. Because he did his family size increased. So assuming he is married. He has to make enough for him + spouse+dependants ( you and kids ? ) and the people immigrating. Hopefully he doesnt get pulled for an audit.

[Scott & Ale 3]

Good morning Anh,

Once again, thank you for your answer.

I checked for this information on IRS website. I found this:

"If you are a U.S. citizen or a resident alien of the United States and you live abroad, you are taxed on your worldwide income. However, you may qualify to exclude from income up to an amount of your foreign earnings that is now adjusted for inflation ($91,400 for 2009, $91,500 for 2010, $92,900 for 2011, $95,100 for 2012). In addition, you can exclude or deduct certain foreign housing amounts"

Another thing that I found interesting, that can help me, is about 330 full days overseas. I really lived more than 330 days and did not earn $92,900.

The information is here: http://www.irs.gov/businesses/small/international/article/0,,id=97130,00.html

Now, do I have to file the Form 2555-EZ, Foreign Earned Income Exclusion (PDF)?

Thanks

You need to file a complete tax return for those years which would include a 1040 type form and 2555 type form. A 2555 is only a supporting form for a 1040 tax return. You may want to give your brother a heads up as his returns will probably come up for audit once you file your returns correctly and create a tax liability for him.

[ISIS AND TROY 5]

My best advice is to consult a good CPA or tax specialist in your area. You may need to file returns for those three years. At the interview proof of filing taxes was one of the major documents they asked for.

[Anh map 2,098]

Good morning Anh,

Once again, thank you for your answer.

I checked for this information on IRS website. I found this:

"If you are a U.S. citizen or a resident alien of the United States and you live abroad, you are taxed on your worldwide income. However, you may qualify to exclude from income up to an amount of your foreign earnings that is now adjusted for inflation ($91,400 for 2009, $91,500 for 2010, $92,900 for 2011, $95,100 for 2012). In addition, you can exclude or deduct certain foreign housing amounts"

Another thing that I found interesting, that can help me, is about 330 full days overseas. I really lived more than 330 days and did not earn $92,900.

The information is here: http://www.irs.gov/b...d=97130,00.html

Now, do I have to file the Form 2555-EZ, Foreign Earned Income Exclusion (PDF)?

Thanks

$92,900 is not the threshold for filing. It is the amount that is exempt from double taxation. The filing threshold is much lower. For 2011 it was ~ $9500 for a single person.

For example, you earned $30,000 in 2011 while living in Brazil. You are required to file a US tax return, but will not be taxed on any amount up to $92,900. If you earned $100K, then you would pay US tax on $7100 (the difference between your income and the $92,900 exclusion).