Getting ready to file overseas, haven't paid taxes - Questions

[yokaromon 2]

Long time lurker, first time poster. Hi everyone!

My fiance and I are getting ready to send off packet 1. I have been in the UK for grad school, and will go back to the US in December when my student visa runs out.

Question 1) The i129-F website (http://www.uscis.gov/i-129f) says to post to the Dallas lockbox. Why am I seeing other people on this forum saying to post to Chicago? Some people are saying file to the closest one (Chicago is where my permanent address is, actually), or file to Chicago if you are overseas. As far as I can tell, I should post it to Dallas. Any clarification on this would be appreciated.

Question 2) I know we're not there just yet, but the financial requirements. I just finished grad school. I am unemployed. I am searching for a job, and will hopefully have one by the time the affidavit of support is needed. I also have a lot of savings and my parents have agreed to be a joint sponsor. The affidavit of support shouldn't be a problem.

Problem: I haven't paid taxes in the US since 2007. I was working in Japan 2007-2012. I only filed for 2009. My income was under the limit, so I didn't owe anything. I was unemployed 2012-present and have not claimed any benefits, so I haven't been required to file for the past 2 years. Now, I can file the forms for the years I missed in Japan, but I still haven't paid any taxes (because I didn't owe any). Will our request get denied because I haven't paid any taxes even though I have enough money to support us? Also, how soon after I file the missing years can I request the transcripts or whatever we need for the application?

Thank you so much for reading through that mess. Any insight is greatly appreciated!

[d3adc0d3 186]

Long time lurker, first time poster. Hi everyone!

My fiance and I are getting ready to send off packet 1. I have been in the UK for grad school, and will go back to the US in December when my student visa runs out.

Question 1) The i129-F website (http://www.uscis.gov/i-129f) says to post to the Dallas lockbox. Why am I seeing other people on this forum saying to post to Chicago? Some people are saying file to the closest one (Chicago is where my permanent address is, actually), or file to Chicago if you are overseas. As far as I can tell, I should post it to Dallas. Any clarification on this would be appreciated.

Question 2) I know we're not there just yet, but the financial requirements. I just finished grad school. I am unemployed. I am searching for a job, and will hopefully have one by the time the affidavit of support is needed. I also have a lot of savings and my parents have agreed to be a joint sponsor. The affidavit of support shouldn't be a problem.

Problem: I haven't paid taxes in the US since 2007. I was working in Japan 2007-2012. I only filed for 2009. My income was under the limit, so I didn't owe anything. I was unemployed 2012-present and have not claimed any benefits, so I haven't been required to file for the past 2 years. Now, I can file the forms for the years I missed in Japan, but I still haven't paid any taxes (because I didn't owe any). Will our request get denied because I haven't paid any taxes even though I have enough money to support us? Also, how soon after I file the missing years can I request the transcripts or whatever we need for the application?

Thank you so much for reading through that mess. Any insight is greatly appreciated!

First thing, Congratulations on your engagement!

In regards to your questions:

• You want to file at the Texas lockbox for a I-129F petition. The other lockboxes are for other petitions. [source]

  If you live in the United States or abroad and are filing Form I-129F, then file your petition at:[/size]

  The USCIS Dallas Lockbox

  For U.S. Postal Service:

  USCIS

  P.O. Box 660151

  Dallas, TX 75266

  For Express mail and courier deliveries:

  USCIS

  Attn: I-129F

  2501 South State Highway 121 Business

  Suite 400

  Lewisville, TX 75067

• You will want to provide your 2009 taxes and provide evidence that your income was below the limit. The easiest way to do this is contact your previous employers and ask for a letter stating your hire dates, your position(s), and your annual salaries for the years you were there. I would also recommend that you include a copy of your transcripts for your college in the UK. To prove your savings, I would recommend that you show the last year's monthly bank statements (online print-outs are fine) of your savings, and get a bank letter stating when you opened your account, the total amount deposited over the last year, and your current balance. Your parents as joint sponsors will need to prove their current income, and/or assets. Previous 3 years' tax returns, bank statements, paystubs, and/or a letter of employment will do. You should have no issues if you didn't file taxes. They're concerned about your ability to support your fiance NOW. Not last year. However, when it comes time to adjust his/her status, it's highly recommended that you have enough income to support your family size.

Others may have more input who've been through the process without filing previous taxes. You can always do a search!

Good Luck!

[Nich-Nick 3,354]

Question 2) I know we're not there just yet, but the financial requirements. I just finished grad school. I am unemployed. I am searching for a job, and will hopefully have one by the time the affidavit of support is needed. I also have a lot of savings and my parents have agreed to be a joint sponsor. The affidavit of support shouldn't be a problem.

Problem: I haven't paid taxes in the US since 2007. I was working in Japan 2007-2012. I only filed for 2009. My income was under the limit, so I didn't owe anything. I was unemployed 2012-present and have not claimed any benefits, so I haven't been required to file for the past 2 years. Now, I can file the forms for the years I missed in Japan, but I still haven't paid any taxes (because I didn't owe any). Will our request get denied because I haven't paid any taxes even though I have enough money to support us? Also, how soon after I file the missing years can I request the transcripts or whatever we need for the application?

Thank you so much for reading through that mess. Any insight is greatly appreciated!

Insight for a LONDON fiancé interview:

They don't require a tax return in London if you have other proof of current income. So when you find that job, get a letter from your employer to take to the interview. One of your parents can also be the sponsor if you have no job. Or the fiancé can even self sponsor with a lot of cash in the bank or a house to sell.

Later when your fiancé (spouse) adjusts status to get a greencard, the I -864 Affidavit of Support is a little stricter. The most recent tax return must be sent in. However if you read the Instructions for the I-864, it says if you were not required to file a tax return, then submit a signed statement stating why. Be specific--

"In tax year 2014, I was an unemployed graduate student and earned $0.00, so was not required to file.

In tax year 2013, I earned $3,210.12 and fell below the filing threshold for a single person, so was not required to file." Etc for the three tax years appropriate to time you prepare the I-864.

You would also submit good documentation of that new job you will have by then---employer letter, six months pay stubs. Or one of your parents can be a joint sponsor and provide a complete I-864 in addition to the one you will submit.

[yokaromon 2]

First thing, Congratulations on your engagement!

Thank you so much

They're concerned about your ability to support your fiance NOW. Not last year. However, when it comes time to adjust his/her status, it's highly recommended that you have enough income to support your family size.

Hah, that's true! I should have a steady job by the time he comes over so we should be ok. I'll get to filing the back forms and make sure my parents know they may have to submit those things if they end up being a joint-sponsor.

Insight for a LONDON fiancé interview:

They don't require a tax return in London if you have other proof of current income. So when you find that job, get a letter from your employer to take to the interview. One of your parents can also be the sponsor if you have no job. Or the fiancé can even self sponsor with a lot of cash in the bank or a house to sell.

...

Later when your fiancé (spouse) adjusts status to get a greencard, the I -864 Affidavit of Support is a little stricter. The most recent tax return must be sent in. However if you read the Instructions for the I-864, it says if you were not required to file a tax return, then submit a signed statement stating why. Be specific--

"In tax year 2014, I was an unemployed graduate student and earned $0.00, so was not required to file.

In tax year 2013, I earned $3,210.12 and fell below the filing threshold for a single person, so was not required to file." Etc for the three tax years appropriate to time you prepare the I-864.

This is really helpful country-specific information.

I do feel a lot better about it now. If the tax returns are proving income, my tax returns even if they were filed on time wouldn't prove that at all since I owed nothing anyway. My job I will hopefully get soon should be ok, and if for some reason I don't have as many pay stubs in my pocket by the time he comes over, I'll figure out a way with my savings/bank statements and/or parents.

Thank you so much

[Mellylamelle 2]

You should be able to sort the tax issue without much trouble. I lived in the UK for nine years and for the first few I didn't know I was supposed to file taxes (this is quite common), and then I was afraid to file them because it had been so long! (Also quite common!) Knowing I wanted to bring my husband to the US, I finally bit the bullet and got the past three years of tax returns completed and filed. I was under the threshold for all three years, and as I didn't owe the IRS anything, I didn't have any penalties to pay. As far as I am aware, as long as you have three years of back taxes filed, you're good.

Good luck to you!

[yokaromon 2]

Mellylamelle, that makes me feel a lot better. I'll have to download the forms and get them sent off. I do have my [below limit] pay records from those unfiled years, so it shouldn't be too bad.

Did you experience any hiccups not having an income large enough to owe taxes on?

[Nich-Nick 3,354]

Mellylamelle, that makes me feel a lot better. I'll have to download the forms and get them sent off. I do have my [below limit] pay records from those unfiled years, so it shouldn't be too bad.

Did you experience any hiccups not having an income large enough to owe taxes on?

If you were below the filing limits, you DO NOT have to file. Not for the IRS and not for immigration.

2013 Single- gross income $10,000

2012 Single- gross income $9,750

2011 Single- gross income $9,500

Gross income is salary, investments, rental income...all things considered income.

You will need a joint sponsor if you do not have a job with enough income by the time of interview in London.

You will need a joint sponsor if you still do not have a job by the time your new spouse applies to adjust status.

Edited October 13, 2014 by Nich-Nick