Help! My husband has No W2 or US Tax returns

[MR193 2]

I don't know how to deal with this as my husband (US Citizen) lived with me in England as a resident and worked and filed taxes there. We moved to US in june 2012. We submitted all documents .1-130,1-765,I-864 & I-485. I also had my Biometric testing in Oct. I received a Request for Initial Evidence 10 days ago,saying :Submit a Complete Federal Income Tax Return submitted to the Internal Revenue Services ( IRS) from the (petioner/sponsor on form I-864, Afadavit of support,for the most recent Tax Year.

However as my husband paid taxes in the UK and didn't know he had or knew how to file a a US Tax return whilst a residence in England.

Is there anyone who knows how to deal with this ?

I understand that he has to complete a 1040 and a 2555-EZ. But don't know how to complete it.Even if he submits it , it can take up to 6 weeks to process.

We have already paid out $2500+ . We own our house here in the US outright, My husband has a full time job .

Due to the raising living expenses I need to get my work permit as soon as possible so I can start working and help with the finances.

Will my work permit continue to be processed even if the other documents are on hold? My I-765 was registered on Oct 04-2012.

[Harpa Timsah 13,258]

Sorry, you've gone about this all backward. You shouldn't have "moved" to the US on a tourist status, as now you can see the problems that develop. You now know that your husband has to file taxes no matter where he lives in the world, and you should have realized that before you submitted your immigration paperwork.

Your EAD will be on hold until you are able to produce the taxes. Your husband should know how to file taxes.

[VanessaTony 3,567]

He needs to file ALL his back taxes, not just the most recent year. They want to see a copy of his most recent, but he needs to have filed his taxes like he's supposed to. There's a form for foreign income exemption. I suggest you both go see a tax professional.

ALL your documents are on hold until you reply to the RFE, successfully. This means you need to file taxes ASAP. Then he can send a copy of the 1040 and everything that he files with last years return at the tax agents office (you can also do this online but due to the back tax issue and foreign income issue I would see a tax professional) in response to the RFE. If you don't reply to the RFE successfully your AOS will be denied and you'll need to start from the start.

As Harpa said, you committed immigration fraud by moving here on a visa other than a spouse visa, intentionally, and then filing. Had it been a spur of the moment decision that's different but it appears it wasn't given your post. It's immigration fraud to use a visitor visa/VWP with INTENT to immigrate.

[MR193 2]

Sorry, you've gone about this all backward. You shouldn't have "moved" to the US on a tourist status, as now you can see the problems that develop. You now know that your husband has to file taxes no matter where he lives in the world, and you should have realized that before you submitted your immigration paperwork.

Your EAD will be on hold until you are able to produce the taxes. Your husband should know how to file taxes.

He would know how to file taxes from US earned wages whilst living in US but the way you complete the form if you work for a UK company being a UK resident is completely different. There is no one over there that would have known how to complete the forms correctly. Even the IRS helpline doesn't know how to. There are thousands of US Citizens working and living in other countries that are not aware they have to file Taxes in the US even if the file in their resident country.

How could I have realized how the system works if I have never lived here before. My husband has been away for 10 years .Before that he was in the US Army for 12 years where he had help to file his taxes. We did not have a choice when to move as my husband got a job over here and we could not afford to pay for 2 households.

I came here 2 months after my husband to help working on our house.I first intended to go back to England to continue to work there and complete my education, but we simply couldn't afford that as my son that had helped with bills was going to University and we were told by US Immigration that I could adjust my status whilst still in USA . I have done everything by the guidelines I have been given by officials and I am merely trying to get advice in regards to the tax issues.

Edited November 7, 2012 by MR193

[MR193 2]

He needs to file ALL his back taxes, not just the most recent year. They want to see a copy of his most recent, but he needs to have filed his taxes like he's supposed to. There's a form for foreign income exemption. I suggest you both go see a tax professional.

ALL your documents are on hold until you reply to the RFE, successfully. This means you need to file taxes ASAP. Then he can send a copy of the 1040 and everything that he files with last years return at the tax agents office (you can also do this online but due to the back tax issue and foreign income issue I would see a tax professional) in response to the RFE. If you don't reply to the RFE successfully your AOS will be denied and you'll need to start from the start.

As Harpa said, you committed immigration fraud by moving here on a visa other than a spouse visa, intentionally, and then filing. Had it been a spur of the moment decision that's different but it appears it wasn't given your post. It's immigration fraud to use a visitor visa/VWP with INTENT to immigrate.

Thank you for your comment but I do not see that you are in a position to JUDGE me as you do not know enough about our circumstances.Nor do you have the position to do so. I acted on advice by Immigration officials!!!

[VanessaTony 3,567]

Thank you for your comment but I do not see that you are in a position to JUDGE me as you do not know enough about our circumstances.Nor do you have the position to do so. I acted on advice by Immigration officials!!!

I did not judge you, I told you how it is. You committed immigration fraud. Doesn't matter what officials told you (in fact many CBP officers tell people to do this #######. Some lawyers tell their clients to do it, doesn't make it legal, they're just telling you about loopholes). This is all that happened to you. Whoever told you what you did was legal lied to you. I wouldn't go around admitting you committed immigration fraud to the USCIS officials because you WILL be denied. Doesn't matter who told you what. Entering with intent (and if they have proof of the intent such as your statement) results in denial.

If you didn't enter with intent it's all moot of course, but your OP made it sounds like you committed fraud which WILL result in your denial if you admit it to USCIS (or they're able to find proof of it). Out of interest, some USCIS/ICE officials have been said to look on these boards. Some people report going to interviews and being ID'd as their VJ screen name. Just a heads up!

[rarasantiago 3]

As Vanessa&Tony state, see a tax attorney asap! All US citizens and Resident Aliens (http://www.irs.gov/Individuals/International-Taxpayers/U.S.-Citizens-and-Resident-Aliens-Abroad) are required to file taxes regardless of where they lives in the world. Aside from the immigration issues you are facing, dealing with IRS can be bigger problem. His company should've referred him a tax person that has experience with US taxes, I have a relative that lived and worked in England and filled taxes from there. There are companies that deal with international tax filing for US citizens. Unfortunately, the IRS won't accept not knowing as an excuse.

Good luck!

[Darnell 8,478]

have the uscitizen spouse file back taxes, including the foreign income tax exemption form as well, for each year. I suggest 3 years of back taxes.

However... don't mail it in, drop it off at a local IRS office, instead. Get a hand receipt. Keep copies, file the copies.

[VanessaTony 3,567]

I came here 2 months after my husband to help working on our house.I first intended to go back to England to continue to work there and complete my education, but we simply couldn't afford that as my son that had helped with bills was going to University and we were told by US Immigration that I could adjust my status whilst still in USA . I have done everything by the guidelines I have been given by officials and I am merely trying to get advice in regards to the tax issues.

Okay. That is different. Your circumstances changed. Again, your OP sounds like you entered with intent. It's VERY IMPORTANT that you don't make it sound like this. To us (and people who may be around that you aren't aware of), or USCIS. It results in denial.

Edited November 7, 2012 by Vanessa&Tony

[MR193 2]

I did not judge you, I told you how it is. You committed immigration fraud. Doesn't matter what officials told you (in fact many CBP officers tell people to do this #######. Some lawyers tell their clients to do it, doesn't make it legal, they're just telling you about loopholes). This is all that happened to you. Whoever told you what you did was legal lied to you. I wouldn't go around admitting you committed immigration fraud to the USCIS officials because you WILL be denied. Doesn't matter who told you what. Entering with intent (and if they have proof of the intent such as your statement) results in denial.

If you didn't enter with intent it's all moot of course, but your OP made it sounds like you committed fraud which WILL result in your denial if you admit it to USCIS (or they're able to find proof of it). Out of interest, some USCIS/ICE officials have been said to look on these boards. Some people report going to interviews and being ID'd as their VJ screen name. Just a heads up!

This board has only made me feel like dirt so I'll remove my thread and myself from here.

[Harpa Timsah 13,258]

This board has only made me feel like dirt so I'll remove my thread and myself from here.

There is no reason to feel like dirt.

Do you have a lawyer? Why have you paid $2500?

The fact is that you were not prepared, and didn't read the instructions. Thats not to make you feel bad, but all of these problems could have been avoided in the first place.

Some people here are telling you that you can file taxes and send the receipts of filing now to avoid having your case denied.

Vanessa& Tony, intent by itself does not lead to denial, even if it is known. You are wrong on that fact, you say it is presumption of intent, but knowledge of it is the same. Say a person doesn't know and is asked if they intended to do this, and they say yes, their case will not be denied. I don't want to argue with you about this, and especially not here, but the OP is only in danger of denial due to improperly responding to a RFE.

Worst case scenario, your case is denied without prejudice and you can refile. In fact, the I-130 should not be denied, it would be only the I-485 you'd have to pay again.

You need to get a tax professional to file the taxes ASAP, send proof of filing, and hope for the best.

[MR193 2]

There is no reason to feel like dirt.

Do you have a lawyer? Why have you paid $2500?

The fact is that you were not prepared, and didn't read the instructions. Thats not to make you feel bad, but all of these problems could have been avoided in the first place.

Some people here are telling you that you can file taxes and send the receipts of filing now to avoid having your case denied.

Vanessa& Tony, intent by itself does not lead to denial, even if it is known. You are wrong on that fact, you say it is presumption of intent, but knowledge of it is the same. Say a person doesn't know and is asked if they intended to do this, and they say yes, their case will not be denied. I don't want to argue with you about this, and especially not here, but the OP is only in danger of denial due to improperly responding to a RFE.

Worst case scenario, your case is denied without prejudice and you can refile. In fact, the I-130 should not be denied, it would be only the I-485 you'd have to pay again.

You need to get a tax professional to file the taxes ASAP, send proof of filing, and hope for the best.

Thank you , you answered my question. My questions were only in regards to the Federal Tax request. Not if my case will be denied or not.

The costs are for all the fees for the forms and medical with vaccinations,+ fuel costs for driving to all my appointments. Medical& Biometrics .2 and 3 hours away

I have found someone that will help us with that tomorrow .I talked to our local IRS office and they will send it off and give us a stamped copy.

IRS informed us that there is a very high percentage of US Citizens who are residents in other countries that don't know how to or if they should file their taxes. As we don't owe any taxes in the US and are entitled to the foreign income exclusion we will get a W2 with $0 earnings and taxes.

Edited November 7, 2012 by MR193

[Penguin_ie 5,993]

*** Moving from CR-1 spousal visa to AOS from Tourist visa forum ****

[Darnell 8,478]

Thank you , you answered my question. My questions were only in regards to the Federal Tax request. Not if my case will be denied or not.

The costs are for all the fees for the forms and medical with vaccinations,+ fuel costs for driving to all my appointments. Medical& Biometrics .2 and 3 hours away

I have found someone that will help us with that tomorrow .I talked to our local IRS office and they will send it off and give us a stamped copy.

IRS informed us that there is a very high percentage of US Citizens who are residents in other countries that don't know how to or if they should file their taxes. As we don't owe any taxes in the US and are entitled to the foreign income exclusion we will get a W2 with $0 earnings and taxes.

cool ! an IRS human confirmed, with you, what I wrote here.

SWEET !

[belinda63 3,038]

I guess the next question is does your spouse make enough currently to sponsor you or do the two of you have enough in assets to meet the sponsorship requirements?