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zelia913

US citizen spouse/sponsor not filed US taxes for 5 years

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Filed: Other Country: Canada
Timeline

Hello all,

My husband (USC) has been living with me in Canada for the past 6 years and has not filed taxes in the US since the 2007 tax year. We only recently found out that he has been expected by the US to continue to file taxes there even without living there (apparently the US is one of only two countries in the world who expect that of their citizens abroad). Now we are planning to move to the US and he has filed the I-130 petition for an alien relative. He phoned his former tax guy in the States and explained that we are going to through the green card process (for me) and asked for guidance on what to do about filing and the tax guy said not to worry about it, don't bother. Anyone else have advice for us? I'm worried it's going to become a problem at some point in the process.

Thanks in advance!

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Filed: Citizen (apr) Country: Nigeria
Timeline

In most cases foreign income exclusions mean you owe nothing unless you are making a LOT. File the taxes, find someone that cares about it ( fire the old/current one )

This will not be over quickly. You will not enjoy this.

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You may want to read this. He may be able to file his taxes without penalty. And yes the US IS one of those countries, Uncle Sam can't keep his hands to himself.

http://www.irs.gov/Individuals/International-Taxpayers/Foreign-Earned-Income-Exclusion

Edited by Ian H.

This does not constitute legal advice.

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He will need to file three years of back taxes.

Unless he was making over ~US$100,000 a year then he probably won't owe anything due to reciprocal tax treaties, but he will still need to file to be able to obtain an immigrant visa for you.

No filing back taxes = no visa.

Edited by Hypnos

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13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
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Filed: Citizen (apr) Country: Poland
Timeline

I'm worried it's going to become a problem at some point in the process.

Thanks in advance!

It will become a problem as soon as your both start reading about I-864 and its supporting documentation which is very next step after your I-130 gets approved....

Btw - that tax guy is real professional - advising to break the law...

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Filed: AOS (pnd) Country: China
Timeline
10-04-2013 We met online
11-21-2013 We met in person in Shanghai for 2 weeks

12-13-2013 I-129F packet sent via express

12-19-2013 USCIS NOA #1 (text and email) received

12-24-2013 USCIS assigns Alien Registration Number
12-31-2013 USCIS NOA #1 hard copy received
06-02-2014 USCIS web site shows NOA #2 approval
06-06-2014 USCIS web site shows case sent to NVC

06-xx-2014 Fiancee acquired birth, marriage, and police certificates from local police station (wrong)

06-16-2014 NVC creates case with GUZ### number

06-19-2014 NVC sends case sent to Guangzhou, China
06-24-2014 Received packet 3 express mail from embassy
06-25-2014 Completed DS-160 and paid K1 visa fee

06-26-2014 Mailed packet 3 response back to Embassy

06-26-2014 Requested police certificate from Russian embassy

07-08-2014 Received packet 4 email from Embassy

07-17-2014 Picked up Russian police certificate

07-25-2014 Fiancee medical exam (received MMR & Varicella, but they missed required TD shot)

07-31-2014 Picked up medical exam reports

08-01-2014 Request (correct) birth, marriage, and police certificates from Notarial Service (GongZhengChu)

08-06-2014 Picked up birth, marriage, and police certificates from Notarial Service

08-14-2014 Passed Interview Guangzhou embassy

09-01-2014 Received passport, visa, & sealed envelope

09-13-2014 POE

09-17-2014 Went to CBP office to get (US entry) I-94 updated correctly

09-18-2014 Applied for Social Security Card
09-19-2014 Applied for Marriage License (via online)
09-25-2014 Received Social Security Card
09-30-2014 Picked up Marriage License
10-09-2014 Marriage by Justice of Peace
10-09-2014 Got Certified Marriage Certificate Copies
10-17-2014 Received a letter from SS office that they need the marriage license
10-09-2014 Applied to change the social security card name
10-24-2014 Went back to SS office to provide the marriage certificate documents again!!!
12-09-2014 Submitted AOS, EAD, and AP
12-16-2014 Received 16 emails and 16 text NOA messages
01-05-2015 Received Biometrics appointment letter for (01-12-2015)
01-12-2015 Had Biometrics (fingerprint & picture) - Required Marriage Certificate!!!
02-17-2015 EAD and AP is approved
02-23-2015 Received AP is approval letter
02-25-2015 Received EAD/AP combo card (expires 02/16/2016)
02-27-2015 Applied for SS card name change (they took her SS card)
02-27-2015 Driver's learner permit test was denied since the SS card was given to SS office for name change
03-17-2015 Received SS card with married name
03-17-2015 Started to change all her accounts to married name
03-23-2015 Received potential interview waiver letter
03-27-2015 DMV rejects learner's permit due to "legal status=pending" and vision test failure
04-05-2015 Vision test for learner's permit
04-06-2015 DPS sent us letter that DHS cleared my wife's status to acquire driver's license.
04-10-2015 Passed Driver Learner's Permit
04-22-2015 Received Driver Learner's Permit ID card (expires 02/16/2016)
08-27-2015 Green Card approved
08-31-2015 Received Green Card "Welcome Notice Was Mailed" letter
09-05-2015 Received Green card
10-26-2015 Passed Driver's License Road Test (on 3rd attempt)
11-03-2015 Received Driver's License (expires 02/16/2022)
11-06-2015 Applied to remove conditional work remark on SS card
11-23-2015 Received updated Social Security Card.
- - - - - - - - - - Pending Future Processing - - - - - - - - - -
05-27-2017 File 10 Year Green Card
08-27-2017 2 Year Green Card Expires
05-27-2018 File USC

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Just out of curiosity though, what if a USC did not file taxes say...in 2011 but couple has a joint sponsor for i-864, will that be disregarded somehow?

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7/18/2016 (Day 28) - Biometrics appointment done at Santa Ana ASC

2/28/2017 (Day 254) - Spouse received call from immigration officer verifying if we still lived together at our current address. He ended the conversation by saying we our approved and no need for interview

3/3/2017 (Day 257) - Received approval letter in the mail! 

3/13/2017 (Day 267) - Online status updated - new card being produced

3/16/2017 (Day 270) - Online status updated - new card was mailed to me

3/20/2017 (Day 274) - 10 year green card on hand!! 

----

 

6/12/2017 - Eligible for Citizenship

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N-400

6/13/2017 - N-400 package sent via USPS Priority Mail Express

6/16/2017 - N-400 fee cashed

6/19/2017 - NOA date - Priority date 6/15/17

6/30/2017 - Received biometrics appointment letter in the mail for 7/12/17

7/5/2017 - Walked in Tustin ASC for biometrics 

8/10/2017 - Case is in line for interview

1/22/2018 - N-400 interview date scheduled 

1/26/2018 - Received N-400 interview letter in the mail! Interview scheduled on Feb. 28 

2/28/2018 - Naturalization interview - recommended for approval! :)

3/20/2018 - Oath taking ceremony :dance:

 

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Just out of curiosity though, what if a USC did not file taxes say...in 2011 but couple has a joint sponsor for i-864, will that be disregarded somehow?

The USC spouse is the primary sponsor and must submit all the same information as the joint sponsor. Since the USC spouse needs a joint sponsor the income is low and most do not need to file a tax return do show this low level of income. We have seen many, many, many cases here on VJ where the USC spouse does not include a tax return or a statement stating why they did not file and the USCIS sends out an RFE asking for a tax return and they come on here asking what to do. The easiest is to FILE a tax return each and every year up to the year you die no matter what your earned or where you live. Then you are covered for situations where another government agency wants to see your tax returns. You may actually get a refund due to some tax credit that is only available to those that file a tax return.

For your case of not filing in 2011, only the current year is needed for the USC sponsor with a joint sponsor. So as long as he filed in 2013, I would not worry about it.

Dave

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  • 2 weeks later...
Filed: Timeline

My friend has never filed a tax return in his life. In the last four years he made @ $100,000 in the stock market day trading....taxed at 28%. About six months ago he got a demand letter from the IRS.

He went to the IRS for a sit-down interview, in the end all they did was to go for back taxes for the three years.

He was able to pay his back taxes owed, without paying penalties or interest , they did ask for their 28% :o

He does plan on filing for 2014 :yes:

Good luck

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  • 2 weeks later...
Filed: K-1 Visa Country: Philippines
Timeline

Hi yes i have a problem , me and my wife got married within 90 days august last year and when i filed my taxes ( turbo tax) it wouldent let me put her ss#down for some reason so i filed single and now trying to do AOS got a RFE about my taxes and income are we gonna get denied because of that and lose our $1070 im not sure on what to do or what i should have done could someone please help us ? Thank you

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It's such a relief to know that I am not alone here. My USC partner has never filed taxes in the US because he didn't live there most of his life. He was born there but left at about age 2 and just returned at age 23. The good thing this is that we haven't filed anything as yet, so he has time to get the back taxes in order even though he won't owe anything.

Goodluck zelia913!

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