No prior year's tax returns

[roast 0]

I have been out of the country for two and a half years but have been back in the USA and working since July of this year. I filed the petition in Chile to get my wife her visa and I am wondering if letters from my new employers and pay stubs submitted with the I-864 will satisfy the income requirement. She will take the package to the consulate in Chile where I understand, they are the ones who will make the determination.

[vzla2006 0]

Hi- I would also make sure you have savings/checkings bank statements, as well as a letter explaining what you were doing during those 2 1/2 years while abroad. I didn't go through the direct filing process, but more is better when dealing with anything embassy-related.

Did you not make enough to file taxes last year? I would explain why you don't have them, living abroad does not mean you're exempt from filing.

You might want to find a co-sponsor if you're not sure you meet the requirements...

My parents are from Chile, where do you live?

Good luck with everything!!

PS- Pse update your timeline so fellow VJ members know how to help you!

Edited November 28, 2006 by vzla2006

[riblet 0]

I'm pretty sure you can still file taxes for the years you were gone. As a citizen you are supposed to report your worldwide income if you are required to file a return. If you think it would be helpful I would look into filing for those years. If you didn't have any income, then I guess it wouldn't help

Other than that I'm not really familiar with the I864 yet, so I'm not much help sorry.

[YuAndDan 153]

All citizens and LPR's living out side the united states are required to file an IRS return. You will have to get with a tax accountant or contact the IRS and file your past years returns. You are exempt from paying taxes to a certain level while out of the country, but are not exempt from filing returns.

From the instructions included with form I-864

Yes, the instructions included with the for specifically require IRS return info to be filed with the form, no exceptions there.

You can get tax transcripts from the IRS and submit them with the form. 1-3 years returns need to be iincluded.

25. Federal Income Tax Information.

You must provide either an IRS transcript or a photocopy from your own records of your Federal individual income tax return for the most recent tax year. If you believe additional returns may help you to establish your ability to maintain sufficient income, you may submit transcripts or photocopies of your Federal individual income tax returns for the three most recent years.

You are not required to have the IRS certify the transcript or photocopy unless specifically instructed to do so by a Government official; a plain transcript or photocopy is acceptable. Telefile tax records are not acceptable proof of filing.

Do not submit copies of your State income tax returns. Do not submit any tax returns that you filed with any foreign government unless you claim that you were not required to file a Federal tax return with the United States government and you wish to rely on the foreign return solely to establish the amount of your income that is not subject to tax in the United States.

If you provide a photocopy of your tax return(s), you must include a copy of each and every FormW-2 and Form 1099 that relates to your return(s). Do not include copies of these Forms if you provide an IRS transcript of your return(s) rather than a photocopy.

If you checked box 22(B ) (self-employed), you should have completed one of the following forms with your Federal income tax return: Schedule C (Profit or Loss from Business), Schedule D (Capital Gains), Schedule E (Supplemental Income or Loss) or Schedule F (Profit or Loss from Farming). You must include each and every Form 1040 Schedule, if any, that you filed with your Federal tax return.

If you were required to file a Federal income tax return during any of the previous three tax years but did not do so, you must file any and all late returns with IRS and attach an IRS-generated tax return transcript documenting your late filing before submitting the I-864 Affidavit of Support. If you were not required to file a Federal income tax return under U.S. tax law because your income was too low, attach a written explanation. If you were not required to file a Federal income tax return under U.S. tax law for any other reason, attach a written explanation including evidence of the exemption and how you are subject to it. Residence outside of the United States does not exempt U.S. citizens or lawful permanent residents from filing a U.S. Federal income tax return. See "Filing Requirements" in the IRS Form 1040 Filing Instructions to determine whether you were required to file.

For purposes of this affidavit, the line for gross (total) income on IRS Forms 1040 and 1040A will be considered when determining income. For persons filing IRS Form 1040 EZ, the line for adjusted gross income will be considered.

Obtaining Tax Transcripts. You may use Internal Revenue Service (IRS) Form 4506-T to request tax transcripts from the IRS. Complete IRS Form 4506-T with the ending date for each of your three most recent tax years listed on line 9. Follow all instructions for completing and filing Form 4506-T with the IRS.

http://www.uscis.gov/files/form/I-864.pdf

[roast 0]

All citizens and LPR's living out side the united states are required to file an IRS return. You will have to get with a tax accountant or contact the IRS and file your past years returns. You are exempt from paying taxes to a certain level while out of the country, but are not exempt from filing returns.

From the instructions included with form I-864

Yes, the instructions included with the for specifically require IRS return info to be filed with the form, no exceptions there.

You can get tax transcripts from the IRS and submit them with the form. 1-3 years returns need to be iincluded.

25. Federal Income Tax Information.

You must provide either an IRS transcript or a photocopy from your own records of your Federal individual income tax return for the most recent tax year. If you believe additional returns may help you to establish your ability to maintain sufficient income, you may submit transcripts or photocopies of your Federal individual income tax returns for the three most recent years.

You are not required to have the IRS certify the transcript or photocopy unless specifically instructed to do so by a Government official; a plain transcript or photocopy is acceptable. Telefile tax records are not acceptable proof of filing.

Do not submit copies of your State income tax returns. Do not submit any tax returns that you filed with any foreign government unless you claim that you were not required to file a Federal tax return with the United States government and you wish to rely on the foreign return solely to establish the amount of your income that is not subject to tax in the United States.

If you provide a photocopy of your tax return(s), you must include a copy of each and every FormW-2 and Form 1099 that relates to your return(s). Do not include copies of these Forms if you provide an IRS transcript of your return(s) rather than a photocopy.

If you checked box 22(B ) (self-employed), you should have completed one of the following forms with your Federal income tax return: Schedule C (Profit or Loss from Business), Schedule D (Capital Gains), Schedule E (Supplemental Income or Loss) or Schedule F (Profit or Loss from Farming). You must include each and every Form 1040 Schedule, if any, that you filed with your Federal tax return.

If you were required to file a Federal income tax return during any of the previous three tax years but did not do so, you must file any and all late returns with IRS and attach an IRS-generated tax return transcript documenting your late filing before submitting the I-864 Affidavit of Support. If you were not required to file a Federal income tax return under U.S. tax law because your income was too low, attach a written explanation. If you were not required to file a Federal income tax return under U.S. tax law for any other reason, attach a written explanation including evidence of the exemption and how you are subject to it. Residence outside of the United States does not exempt U.S. citizens or lawful permanent residents from filing a U.S. Federal income tax return. See "Filing Requirements" in the IRS Form 1040 Filing Instructions to determine whether you were required to file.

For purposes of this affidavit, the line for gross (total) income on IRS Forms 1040 and 1040A will be considered when determining income. For persons filing IRS Form 1040 EZ, the line for adjusted gross income will be considered.

Obtaining Tax Transcripts. You may use Internal Revenue Service (IRS) Form 4506-T to request tax transcripts from the IRS. Complete IRS Form 4506-T with the ending date for each of your three most recent tax years listed on line 9. Follow all instructions for completing and filing Form 4506-T with the IRS.

http://www.uscis.gov/files/form/I-864.pdf

I was living in Chile with my parents, friends and my Chilean wifes family. I did not have earnings sufficient enough to require filing a US tax return. I just started working full time when I came back to the USA this past summer. I am working two jobs now and am earning enough money on an annualized basis but since I didn't work the past two and a half years, I don't have tax returns. Will this cause the Consulate to deny the visa?

[riblet 0]

It sounds like you fall into the exception of needing to give a written explanation of why you didn't file. I can't see why you would have trouble if you are able to show that you are currently earning enough.

Edited November 28, 2006 by riblet

[Yodrak 7]

roast,

No. Not in and of itself. But if the consulate has concerns that your current income may not be sustainable (for example a contract or temporary job, or being in a probationary position) then there could be problems.

Yodrak

I was living in Chile with my parents, friends and my Chilean wifes family. I did not have earnings sufficient enough to require filing a US tax return. I just started working full time when I came back to the USA this past summer. I am working two jobs now and am earning enough money on an annualized basis but since I didn't work the past two and a half years, I don't have tax returns. Will this cause the Consulate to deny the visa?

YuAndDan,

All citizens and LPR's living out side the united states are required to file an IRS return.

Not true. The minimum income requirement for filing a federal tax return applies to people living outside the USA as well as those living inside the USA. People whose income is below the minimum are not requied to file an income tax return no matter where they live.

Yes, the instructions included with the for specifically require IRS return info to be filed with the form, no exceptions there.

Not true. There is an exception. People who are not required by tax law to file an income tax return are not required to provide a tax return for immigration purposes, they are instead required to provide the explanation for why they are not required to file a tax return with the IRS.

Yodrak

Edited November 28, 2006 by Yodrak