curious about AOS (affidavit Of Support) when we live in canada..When we move we will have no incone

[Rlelle09 28]

Well it a problem in that Americans still must do US taxes, no matter where they live.

I'm not sure what the next step is, others will answer I'm sure, but I believe in order to file an I864 for you, he'll need to file his 2013 taxes at least.... or be able to state why he was not required to... but if he's making income, I'm pretty sure he needs to be filing US taxes.

We figured since his income is only CANADIAN and he lives here then he would only file Canadian taxes which he has been. He has no income in the US.

[Lakehouse 293]

We figured since his income is only CANADIAN and he lives here then he would only file Canadian taxes which he has been. He has no income in the US.

I'm sure there are many Americans here who can provide the information/ proofs/ links you may need, but on a quick perusal of the IRS site I found this:

http://www.irs.gov/uac/Instructions-for-New-Streamlined-Filing-Compliance-Procedures-for-Non-Resident-Non-Filer-US-Taxpayers

Edited May 11, 2014 by Lakehouse

[Rlelle09 28]

LOL!! We will file them immediately. Are these the taxes the NVC would like to see along with the i-864 or the Canadian taxes? By the way I really appreciate you and all the others that have taken the time out to help me with this.

[Lakehouse 293]

LOL!! We will file them immediately. Are these the taxes the NVC would like to see along with the i-864 or the Canadian taxes? By the way I really appreciate you and all the others that have taken the time out to help me with this.

American taxes. And I edited above to add some info that may or may not be helpful.

[Rlelle09 28]

American taxes. And I edited above to add some info that may or may not be helpful.

Thank you!

[NikLR 13,232]

He can deduct his Canadian income on his taxes using form 2555, so he wont owe any taxes, but as Lakehouse stated, unless he made under the filing requirement a USC (or LPR) is required to file taxes no matter where they live in the world.

[Rlelle09 28]

He can deduct his Canadian income on his taxes using form 2555, so he wont owe any taxes, but as Lakehouse stated, unless he made under the filing requirement a USC (or LPR) is required to file taxes no matter where they live in the world.

Thank you very much! I'm confused about the deduction because there s nothing to deduct from as there is no US income, but i guess we'll have to figure that out. Thanks again.

[NikLR 13,232]

He must put his Canadian income as his income. The IRS doesnt care where it's from, if you made it, they want to tax it. But with form 2555, because Canada and the US has a tax treaty, as long as he made under the threshold, approx $97k per year, he won't owe taxes. Trust me, this will not be easy, but it needs to be done.

[Rlelle09 28]

He must put his Canadian income as his income. The IRS doesnt care where it's from, if you made it, they want to tax it. But with form 2555, because Canada and the US has a tax treaty, as long as he made under the threshold, approx $97k per year, he won't owe taxes. Trust me, this will not be easy, but it needs to be done.

Thanks a bunch!! Now I'm totally nervous.

[NikLR 13,232]

It's just more paperwork. Your husband meets the requirements for it. I guess it's not that hard, it's just annoying because of the more paperwork. Unless he made over that amount, he won't owe any taxes. But it is a requirement to have filed in the I-864 unless you were not required to file. .

FYI for your profile, you did not do a F2A visa. If your husband is a USC it will be an IR1. I think your timeline is right, just your profile is off.

Edited May 12, 2014 by NLR

[Rlelle09 28]

It's just more paperwork. Your husband meets the requirements for it. I guess it's not that hard, it's just annoying because of the more paperwork. Unless he made over that amount, he won't owe any taxes. But it is a requirement to have filed in the I-864 unless you were not required to file. .

Okay, we'll be sure to get this done this week.

FYI for your profile, you did not do a F2A visa. If your husband is a USC it will be an IR1. I think your timeline is right, just your profile is off.

I was actually trying to change that but the option is not coming up. One more question, a little off topic, but do I need to call or email USCIS to confirm the i-797 ?? because it says I should verify the info on it.

[NikLR 13,232]

No if something is wromg then call them but if not don't worry.

Out of curiosity did you guys put a US address anywhere on the I-130 except for maybe where the beneficiary will live? Ill be interested if your case is expedited automatically because you're both abroad and at CSC.

[Rlelle09 28]

No if something is wromg then call them but if not don't worry.

Out of curiosity did you guys put a US address anywhere on the I-130 except for maybe where the beneficiary will live? Ill be interested if your case is expedited automatically because you're both abroad and at CSC.

No, we didn't. Only where the beneficiary will live. I am definitely hoping for an expedite. I can updated if you let me know how to contact you :-)

[GenevieveHawkins 0]

If he was living in Canada all year with you and his income was from Canadian sources, he should not owe US taxes, but still should file them. I think they cap the deduction for living abroad at $96,000 US per year, so if income was below that number he'll be okay. You can get an accountant if the tax situation is tricky but if it's straightforward for the piece of paper just go on TaxAct. If it's like me living in Thailand with my husband they'll zero him out (i.e. no deductions, no credits, no taxes owed) and then you'll have the piece of paper. Try to shore up your assets to offset the loss of income. Best!

[Rlelle09 28]

If he was living in Canada all year with you and his income was from Canadian sources, he should not owe US taxes, but still should file them. I think they cap the deduction for living abroad at $96,000 US per year, so if income was below that number he'll be okay. You can get an accountant if the tax situation is tricky but if it's straightforward for the piece of paper just go on TaxAct. If it's like me living in Thailand with my husband they'll zero him out (i.e. no deductions, no credits, no taxes owed) and then you'll have the piece of paper. Try to shore up your assets to offset the loss of income. Best!

Thank you so much!! This whole process is driving me bananas!! It's so hard to just get all the information at once, but I am so grateful for VJ and it's wonderful members!