No IRS tax returns for Affadavit of support?

[Aphidfreak 0]

Hi there,

Since living in the UK with my husband, I never earned anough money to file an American tax return back home. My husband was the breadwinner. Now the affadavit of support is asking for my last 2 years of income tax returns. NaturallyI dont have them, so I wrote a letter stating why. Will this affect my ability as the sole sponsor for my husband? We do have $100,000 in cash savings, so I am hoping this will let them overlook my lack of earnings in the past???

Really worried about that,

Angie

[Looking4Wife 0]

Hi there,

Since living in the UK with my husband, I never earned anough money to file an American tax return back home. My husband was the breadwinner. Now the affadavit of support is asking for my last 2 years of income tax returns. NaturallyI dont have them, so I wrote a letter stating why. Will this affect my ability as the sole sponsor for my husband? We do have $100,000 in cash savings, so I am hoping this will let them overlook my lack of earnings in the past???

Really worried about that,

Angie

Angie:

I am not an expert BY ANY MEANS, however I have read enough of the VJ experts' responses, and studied my own forms enough, to at least start discussing an answer to your question.

1. As you probably already know, assets can be used to offset income deficiencies. Since you are DCF, I'm not sure which form you are using for Affidavit of Support (I-864?), but the instructions should indicate how assets can be used to offset income deficiencies (i.e. Part 7 of instructions for I-864). You stated that you have plenty of cash assets, so that should solve most OR all of your problems with Affidavit of Support.

PLEASE DOUBLE CHECK THIS, but based on the poverty guidelines for a 2-person household (you and your husband, do you have any kids?), you should be set for 5 years with your savings alone... if you have kids, then you may need some additional income also. AGAIN... PLEASE DOUBLE CHECK THIS.

2. Also, if you did need income, its not clear to me if you are working or not? Since you said your husband was the main breadwinner, would his income continue in USA or would he have to start all over again from scratch? Basically if you can prove that you and/or he will be earning sufficient income in the USA immediately, then obviously that would strengthen your case. It would be up to the Embassy/Consulate if they accepted/believed your proof/justification of future income.

If I've said anything errant or stupid, I'm sure one of the more knowlegeable people will correct me...

[Aphidfreak 0]

Hi there, What does DCF mean?

Yes I am working- part time. I forgot to metion that. I make around $10,000 before taxes. My husband has always been the bread winner, making the majority of our income. No, we do not have any children.

I have given him a letter from my employer that stated the date I started work and how much I earn an hour- (but they didnt put that I only work 25 hours a week. )

I also have a bank statement from the past three months- which is how long Ive been back here in the US (to establish domicile) and this statement shows more than $100,000 which is what we got for the sale of our house in the UK.

Do I need to worry about the lack of tax returns- will they require some sort of proof that I was not required to file?

I am desperately hoping that the money in savings and my part time job will be enough.

I do not have any assets just the savings. Unless you count a car.

Thanks again

Angie

[jamrok 0]

Hi there, What does DCF mean?

Yes I am working- part time. I forgot to metion that. I make around $10,000 before taxes. My husband has always been the bread winner, making the majority of our income. No, we do not have any children.

I have given him a letter from my employer that stated the date I started work and how much I earn an hour- (but they didnt put that I only work 25 hours a week. )

I also have a bank statement from the past three months- which is how long Ive been back here in the US (to establish domicile) and this statement shows more than $100,000 which is what we got for the sale of our house in the UK.

Do I need to worry about the lack of tax returns- will they require some sort of proof that I was not required to file?

I am desperately hoping that the money in savings and my part time job will be enough.

I do not have any assets just the savings. Unless you count a car.

Thanks again

Angie

I am almost 100% sure that you are good to go. I think the poverty guidelines for two people is around $13,000. The rules furher states that in the absence of income you must show stable assets 3 times the required poverty guideline which should be $39,000......$100K is more than enough. Good luck and God Bless.

[kitkat1 5]

The affidavit of support issues aside, you are still required to file US tax returns when you live and earn income in another country -that's why US consulates in other countries provide tax forms to US residents living there. I would start by filing your back tax returns that you were required to file. Then figure out whether or not they require those returns as part of the affidavit or if your bank statements will be sufficient.

http://www.irs.gov/faqs/faq13-7.html

I am a U.S. citizen working abroad. Are my foreign earnings taxable?

A U.S. citizen or resident alien is generally subject to U.S. tax on total worldwide income. However, if you are a United States citizen or a resident alien who lives and works abroad, you may qualify to exclude all or part of your foreign earned income.

[Aphidfreak 0]

Hi there kitkat,

I called the IRS at the time we filled out the affadavit- and told them my earngings for all the years I had lived in the UK. They told me that I am not required to file a tax retun or report my earnings as they were so little. There was not a year when I earned enought to report my income.....

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 2006 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 $8,450

65 or older $9,700

Head of household $10,850

65 or older $12,100

Qualifying widow(er) $13,600

65 or older $14,600

Married filing jointly $16,900

Not living with spouse at end of year $3,300

One spouse 65 or older $17,900

Both spouses 65 or older $18,900

Married filing separately $3,300

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

Gross income. This includes all income you receive in the form of money, goods, property, and services that is not exempt from tax.

Edited January 2, 2007 by Aphidfreak