My husband has lived abroad - What to do with I-864

[Kay&Jeff 7]

Hey everyone

Just wanted to ask some questions in regards to the I-864 forms in regards to our I-130 petition.

We are going to need to use a co sponsor as my husband is intending on coming back to live with me while we wait for the visa to get approved. Our co sponsor isnt going to have any issues meeting the requirements on the form but im a bit worried about my husbands I-864. He has lived/worked in Australia with me for over 4 years and hasn't had to file a tax return in america those years but has done his taxes in Australia.

My question is will they take his Australian tax returns or just not count them at all??

He is working in America atm ( for the past 5 mths) and making decent money (enough to support us both) but as I mentioned he is planning on coming back to Australia after we put in our petition and he will work here (as his a permanent resident)

Will they take pay slip ect from Australia or old pay slips from his current job ???

thanks for any help

[EricaandHafedh 23]

Americans need to file taxes each year even if they live abroad. Any income is taxable for US citizens and I imagine you will have problems in the near future if he hasn't been filing any if those years. I doubt they will accept the I-864 without any tax returns. Tell him to file immediately

[EricaandHafedh 23]

A little more, he probably won't need to pay anything if he made less than $100,00 or so each yea (I'm not sure of te amount but there is a foreign income allowance that let's you make up to a certain amount without paying) but he still needs to file the return even if he's not paying anything. Good luck!

[Kay&Jeff 7]

Americans need to file taxes each year even if they live abroad. Any income is taxable for US citizens and I imagine you will have problems in the near future if he hasn't been filing any if those years. I doubt they will accept the I-864 without any tax returns. Tell him to file immediately

HMM I will have to double check with him, I know when he first came to Australia he had an accountant back home do them for him but I think once he became an Australian resident he stopped ( thinking he didnt need to) so will need to make sure if he hasn't done them he does it now.

thanks

[Ryan H 3,812]

Moved from Progress Reports to Process & Procedures.

[kzielu 1,149]

HMM I will have to double check with him, I know when he first came to Australia he had an accountant back home do them for him but I think once he became an Australian resident he stopped ( thinking he didnt need to) so will need to make sure if he hasn't done them he does it now.

thanks

Make him look into his passport - it clearly states he is supposed to file taxes regardless where he resides. Tax treaty can help him not pay taxes on income that already been taxed elsewhere, but it never makes him exempt from filing a tax return with IRS.

[Codrin 5]

Hi. I also have this problem. I am going to fill the i-864 for my wife, however I did not file any tax returns as I lived abroad and did not work (Romania). We do have a Co-sponsor. Could you help me with some advice ? Thanks.

[aaron2020 11,651]

US citizens are taxed on their worldwide income regardless of residency.

A US citizen living abroad must report all his foreign income in his annual US tax return.

There is a foreign income exclusion of about $90,000. If your husband made less than $90,000, he probably owes zero in US taxes.

The I 864 affidavit of support requires that your husband file his US tax returns for the last three years or have a valid reason why he did not have to file.

A valid reason for not filing US tax returns is not having any income. (Answer for codrin)

[Peter79 0]

Answer from IRS about this topic:

If your fiancee was single or is single and the maximum salary she has had over the past few year never exceeded $ 6500, then she she does NOT have to file a tax return because the minimum level requiring a tax return in her situation is $9750 for the year 2012 and a little bit less each preceeding year.

For general information, I am attached a copy ( i.e. portable document file ) to this email of IRS Publication 54, Tax Guide for US Citizens. It should be read carefully.

2nd answer from IRS when I've asked about tax transcript for i-864:

If you are NOT required to file a tax return under IRS rules, you are NOT required to file anyway because of an immigrant visa request in process or in progress. ALL that is needed is for her to tell the agent she did not file IRS returns because she not supposed to file due to her low income level and the fact she is below the official IRS filing requirement. Also, she should print the following pages from the IRS Form 1040 Instruction Booklet and provide them as proof. I am pasting them in below after the closing. Thank-you.

The amounts above which one was required to file ( and if below do nothing ) are: as pictured below:

2012 $ 9750

2011 $ 9500

2010 $ 9350