Help! My husband has No W2 or US Tax returns

[Marimar04 22]

In my case (Post 28), are we doing something wrong too? .

Thanks

[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 for the info

[MR193 2]

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.

Our assets would cover the I-864 as we own our house outright. My husband is filing for all the previous years but he never earnt over the limit so he would be able to use the exclusion for those years . Thanks for the info .

[MR193 2]

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

Thank you

[MR193 2]

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.

Thanks , That clarifies some of the things

[Birdysboy 5]

Knowledge is power when dealing with the IRS. Get very familiar with the publications (all on irs.gov)dealing with back taxes, collections and installment plans. Without playing 20 questions with you, I couldn't help you personally, but also look at "Offer and Compromise aka OIC". And if you don't get help after 3 attempts directly, you may be eligble to deal with Taxpayer Advocacy, a group within the IRS that works on your side.

As far as all the back taxes go, do not be surprised by penalties and interest to pile up. Non-filing penalties, late payments all start to pile up. Also be advised that you may be audited, so document everything. Be advised that as long as you don't file, you are on the hook, there is no statute of limitations on non-filing. Suggest you and spouse have a nice heart to heart on this because back taxes split up a lot of couples. Open communications and resolving to solve the problem will make it a lot easier on the marriage.

All this sounds overwhelming, but one step at a time and one day at a time and you can get through it. +++

[Dave&Roza 748]

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.

Assests can be used to make up the short fall in income IF they are readily convertable to cash AND do not present an undue hardship if sold. The primary residence is one that is considered by the USCIS to cause undo hardship so it is disqualified. For assets, the value must be 3X the short fall if sponsoring only a spouse and 5X in all other cases. If you happen to have $60K in the bank in cash, that would work.

Dave

Edited November 8, 2012 by Dave&Roza

[jaycali 415]

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

No one is here to judge you, but by the first post it sounded as if you had moved to the US on a tourist visa and intended to adjust status. This is, by law, immigration fraud, and any member on here warning you that you'd be denied was doing you a favor.

Since this wasn't the circumstance, the situation is of course completely different.

Good luck on your journey!

[MR193 2]

Knowledge is power when dealing with the IRS. Get very familiar with the publications (all on irs.gov)dealing with back taxes, collections and installment plans. Without playing 20 questions with you, I couldn't help you personally, but also look at "Offer and Compromise aka OIC". And if you don't get help after 3 attempts directly, you may be eligble to deal with Taxpayer Advocacy, a group within the IRS that works on your side.

As far as all the back taxes go, do not be surprised by penalties and interest to pile up. Non-filing penalties, late payments all start to pile up. Also be advised that you may be audited, so document everything. Be advised that as long as you don't file, you are on the hook, there is no statute of limitations on non-filing. Suggest you and spouse have a nice heart to heart on this because back taxes split up a lot of couples. Open communications and resolving to solve the problem will make it a lot easier on the marriage.

All this sounds overwhelming, but one step at a time and one day at a time and you can get through it. +++

Thank you, There will be no penalties as he didn't earn enough to warrant that. I spoke to the IRS legal dept and they were very helpful. All is ready and will be stamped and sent off today from our local IRS office.

Assests can be used to make up the short fall in income IF they are readily convertable to cash AND do not present an undue hardship if sold. The primary residence is one that is considered by the USCIS to cause undo hardship so it is disqualified. For assets, the value must be 3X the short fall if sponsoring only a spouse and 5X in all other cases. If you happen to have $60K in the bank in cash, that would work.

Dave

Thanks, We have all that covered so hopefully there will be no problems.

[MR193 2]

No one is here to judge you, but by the first post it sounded as if you had moved to the US on a tourist visa and intended to adjust status. This is, by law, immigration fraud, and any member on here warning you that you'd be denied was doing you a favor.

Since this wasn't the circumstance, the situation is of course completely different.

Good luck on your journey!

Thanks, The sooner this part is complete the better it is. I just hope that workpermit and SSN won't take to long as I have a choice of working in 2 different hospitals within walking distance. They have already asked me to do voluntary work.

[VanessaTony 3,567]

Thanks, The sooner this part is complete the better it is. I just hope that workpermit and SSN won't take to long as I have a choice of working in 2 different hospitals within walking distance. They have already asked me to do voluntary work.

Unfortunately you can't do voluntary work if it's going to lead to paid work, or if you would be doing work that they would normally pay someone for. It's part of the whole "can't take job from someone who's legal to work" issue.

[Darnell 8,478]

Why do you suggest 3 years? Three years is the normal statute of limitations for the IRS to normally audit a filed return.

The I-864 has a spot for 3 years of prior years income, so 3 years of IRS tax data, aye?

[Love's JAA 100]

The I-864 has a spot for 3 years of prior years income, so 3 years of IRS tax data, aye?

I'm more concerned about the IRS looking for the prior unfiled returns. File them all and put it to rest.

[MR193 2]

Unfortunately you can't do voluntary work if it's going to lead to paid work, or if you would be doing work that they would normally pay someone for. It's part of the whole "can't take job from someone who's legal to work" issue.

The Voluntary work is not connected to the job I would be doing and its in a different hospital. It is through the A Voluntary Organization that don't have enough people signed up to help. When I get my workpermit I will have to apply just as anyone else. (I don't think they would let someone volunteer in an Operating room anyway

[MR193 2]

I'm more concerned about the IRS looking for the prior unfiled returns. File them all and put it to rest.

Filed them today.Nothing owed! All was completed correctly by us so the legal Tax Advisor just had to check it over so nothing had been missed out. Original and copies stamped and submitted by local IRS.