Help! My husband has No W2 or US Tax returns

[Harpa Timsah 13,258]

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.

Glad to see you moving forward, and just in a day!

Note, we all said *file* taxes, not pay taxes. Good job!

[bigdog 376]

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.

:thumbs:Consult with a CPA or reliable tax professional.

[MIBEN 83]

He has to file yes but if he was a resident abroad he may be able to file foreign earned income exclusion find it on the IRS website.

[MR193 2]

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

SWEET !

Yes you were absolutely right. They were actually very nice and friendly at the local IRS office ..Thanks

He has to file yes but if he was a resident abroad he may be able to file foreign earned income exclusion find it on the IRS website.

I just found that too . Thanks

[MR193 2]

Glad to see you moving forward, and just in a day!

Note, we all said *file* taxes, not pay taxes. Good job!

I don't like to vegetate and as I'm not allowed to work yet I might aswell go visit the local government offices.

(I even went to include our Historic house in the local Christmas Tour.)

Thanks for the correction .. Being Swedish I need to get used to US terms.

[MR193 2]

:thumbs:Consult with a CPA or reliable tax professional.

Thanks

I have an appointment in the morning ..

[MR193 2]

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?

Yes , That is not a problem

[Love's JAA 100]

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.

I would recommend you go to a qualified CPA versed in such matters. Not only do you have a foreign income exclusion/tax credit matter, but also the matter of not having filed returns for however many years (you didn't specify). So he needs to do this. If he doesn't file a return then the statute of limitations doesn't start to run, and so the IRS could come after him at any time.

[Jahwaree 83]

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

OP I feeeeel you....chin up get a specialized pro in this matter...goodluck

[Love's JAA 100]

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.

Why do you suggest 3 years? Three years is the normal statute of limitations for the IRS to normally audit a filed return. If you never filed the return, there is no statute of limitations. The IRS can come after you indefinitely. I would suggest filing for all years that a return should be have been filed. Even if the information all information is not available, use your best judgement on estimating amounts. Then at least a return will be on record as filed and the statute will begin to run for those years returns.

I had a client one time who came in because she was the executor of her brother's estate. The estate was frozen until she filed on behalf of the deceased ten years of unfiled income tax returns. That was fun for her to try and recreate all the documents, etc. Moral is, file all open years returns if possible in any way.

[hamigirl710 112]

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

SWEET !

I always love your advise

[scott76 22]

I'm not a professional but just some input on this....

For your I-864, if you outright own your house (with no mortgage payment or outstanding balance left), you would meet the requirements that the I-864 demands (I'm assuming your house is at least enough to cover both of your poverty line requirements i.e. if your house is worth more than $100K). Your asset (home) would cover the I-864.

The problem is the tax returns are going to be a red flag and may lead the IRS to look into your husband for back taxes. Who knows how that would play into the I-864, but it could.

I'd contact both an immigration lawyer and a tax professional. You could try drafting a letter yourself to state that your home (if bought outright) covers the I-864 requirement, but it may be questionable if it goes through or not due to backtaxes. I'd include the home title and a copy of any mortgage statements, receipts, etc. Anything and everything to show your possession of the home.

I definitely think your situation warrants professional help. Just throwing out suggestions here to find a solution for your I-864.

Edited November 8, 2012 by scott76

[Marimar04 22]

Filing Requirements

If you are a U.S. citizen or resident alien, the rules for filing income, estate, and gift tax returns and for paying estimated tax are generally the same whether you are in the United States or abroad.

Your income, filing status, and age generally determine whether you must file an income tax return. Generally, you must file a return for 2011 if your gross income from worldwide sources is at least the amount shown for your filing status in the following table.

Filing Status* Amount

Single $9,500

65 or older $10,950

Head of household $12,200

65 or older $13,650

Qualifying widow(er) $15,300

65 or older $16,450

Married filing jointly $19,000

Not living with spouse at end of year $3,700

One spouse 65 or older $20,150

Both spouses 65 or older $21,300

Married filing separately $3,700

*If you are the dependent of another taxpayer, see the instructions for Form 1040 for more information on whether you must file a return.

http://www.irs.gov/publications/p54/ch01.html#en_US_2011_publink100047318

Since my husband earned less that the amount specified he had not filed the 2011 taxes. I thought that was OK according to this. He filed the 2010 tax and next year he will have to file the taxes because his earnings will be greater.

Edited November 8, 2012 by Marimar04

[EM_Vandaveer 2,408]

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.

OP did NOT indicate one way or the other if they had the INTENT to stay at POE or not. But maybe a week of sleepnessness with a newborn made me miss it.

[MR193 2]

I would recommend you go to a qualified CPA versed in such matters. Not only do you have a foreign income exclusion/tax credit matter, but also the matter of not having filed returns for however many years (you didn't specify). So he needs to do this. If he doesn't file a return then the statute of limitations doesn't start to run, and so the IRS could come after him at any time.

Thanks ,