F2A Embassy Interview - TAX Query

[Redrand 0]

Hi all

Hopefully some of you could help me here.

My partner is due to attend the US Embassy in London on April 2nd for his F2A visa interview. I have noticed through reading online here that they may ask for an updated TAX return (as their cases exceeded a year or more). Our case has taken less than 12 months and TAX Returns for 2013 won't be complete by the time of his interview.

In addition, my situation is that I have earned no money in the USA, my money is earned and paid into the UK, as such, because I am under the threshold in the USA for earning, there is no requirement for me to file TAX returns. I explained my situation regarding Taxes on an additional page when completing the forms, this passed the NVC stage, I am a little concerned that this may be highlighted at his interview and could cause problems or delays.

Anyone have any advice or where I can go to get clarification that I do not need to file TAX returns for IRS. The IRS website is not too helpful, nor is being able to speak to anyone about this matter.

For anyone who may need more information to help with a better answer, attached is what I supplied NVC and below are the comments relating to the I-864 form regarding TAX.

"PART 6, ITEM 13, 13.a. 13.a.1. 13.b. 13.b.1. 13.c. 13.c.1. 14

These sections are left blank due to no federal tax returns were submitted.

An extract of IRS exemption notice included with this form. Only United Kingdom business taxes have been paid; please see PART 7 ITEM 1 below.

There were no earnings in the USA for the last three (3) years. "

After sending I-864 with additional page and supporting evidence, I received a checklist confirming TAX section was left blank and they need to be completed, so the below was issued with an updated I-864, this then passed the NVC stage.

"Explanation of Part 6, Items 13a and 13a1.

I work for a British company; whilst based in the USA, payment is received into our joint bank account in the United Kingdom. The money earned in the United Kingdom is for my husband’s living expenses, whilst he resides in the United Kingdom; this is in addition to his personal earnings through his employment as a registered nurse.

Due to the fact of not earning/receiving money in the USA, I was not required to issue a tax return or pay any taxes (Supporting evidence, supplied with previous I-864 form).

My United Kingdom earnings are taxed by the HMRC (Her Majesty’s Revenue and Customs) in the United Kingdom."

irs ronald.pdf

Edited March 13, 2014 by Redrand

[kzielu 1,149]

I think you really really misunderstand IRS rules - your income regardless of whether it is earned still counts as income for US IRS and has to be reported on a return. You may (depends) not need to pay tax on it, but need to report it. Assumption it has been earned in UK, therefore not need to be reported is completely incorrect.

[bluebird74 34]

Hey. Just as user kzielu stated, you are obligated to file taxes on your earnings with the IRS. If I understand correctly, you are living in the U.S., therefore your domicile is in the U.S. The IRS doesn't care (until you're audited) how you're able to provide for yourself and all, but if you're sponsoring someone - in your case, your partner, you have to show a proof of income or the lack of, which in latter case will require you to provide a joint sponsor. Now, since you're not living abroad (outside of the U.S.), when you would normally file tax form 2555/2555EZ along with your 1040, you may want to contact the IRS and find out what form you should use. Your partner's visa will be either denied or assigned for further processing based on your lack of tax transcripts. You don't have much time to rectify this and at this point, you will still need to redo your I-864 paperwork and show your filed tax forms - the last three years. Hope this helps and good luck.

[bluebird74 34]

And keep in mind, that for money earned abroad, you are allowed to make $97,600 (2013) without tax obligation. You still have to file it.

[aaron2020 11,651]

Many countries tax only income earned within their borders only. The US is not one of those countries.

The US tax bases in US citizenship and residency.

A US citizen living abroad who earns nothing in the US is still obligated to report his/her worldwide income. Often with the foreign income exclusion, there is no US taxes due. However, not owing does not absolve the taxpayer from filing as required.

Even though her majesty has collected taxes on your earnings, you are still required to file US tax returns.

http://www.irs.gov/Individuals/International-Taxpayers/U.S.-Citizens-and-Resident-Aliens-Abroad

Edited March 13, 2014 by aaron2020

[Redrand 0]

Hi all

Thank you for your answers, it helps a little, if not a little concerning now, considering the official IRS questionnaire I completed stated "You are not required to file a tax return for 2012", in addition to this a Tax accountant stated the same. So why would the IRS and a tax accountant say I do not need to file, if others say I need to regardless?

You can surely understand why I am asking and may seem a bit confused over the whole issue. In addition, why would NVC complete their stage if Tax returns are mandatory?

The question isn't if I can support my spouse as a single sponsor, that's all in place and confirmed on my I-864.

Thanks again, from a confused petitioner

[bluebird74 34]

Hi all

Thank you for your answers, it helps a little, if not a little concerning now, considering the official IRS questionnaire I completed stated "You are not required to file a tax return for 2012", in addition to this a Tax accountant stated the same. So why would the IRS and a tax accountant say I do not need to file, if others say I need to regardless?

You can surely understand why I am asking and may seem a bit confused over the whole issue. In addition, why would NVC complete their stage if Tax returns are mandatory?

The question isn't if I can support my spouse as a single sponsor, that's all in place and confirmed on my I-864.

Thanks again, from a confused petitioner

Do you remember why actor Wesley Snipes went to prison? It was for tax evasion. Whether or not he had knowledge of his accountant's wrong doing, his name is on his SSN, not the accountant's. Anyway, NVC completed the stage, because the final decision on your eligibility as a sponsor, will be made at your spouse's interview. Is his interview going to be in London or where? Regardless of the location, he should have your tax returns or the IRS transcript in hand. If you want to avoid the delay, go down to your local IRS office, file what you should (the last 3 years (2012, 2011 and 2010), get that stamped and all, and Next Day it to your spouse

[Noor123 0]

Hi All.

Can anyone assist me?

I have applied for f2a visa and my wife is my petitioner.

We have received case completion email on 8 April 2014.

Up till now we did not receive any correspondence from NVC regarding our interview i.e we did not receive interview letter.

Can anyone tell me how long will it take? Shall I call NVC and ask them regarding this?

Also we have submitted the affidavit of support form but forgot to submit my wife's tax return.

They have asked us to bring that on the interview date.

But on the tax return form my wife has wrongly mentioned her marital status as Single.

Will it create a problem or delay in visa????

Thanks in advance

[DanDaniel 0]

What is ur PD?