File tax return while working abroad?

[mmmb1111 0]

Hi All,

I'm an expat, have been working abroad since mid-2012 and now am trying to bring my fiance to the US. I'm trying to figure out the best way to prove that I can support her given the US-earned income requirement. I had the idea that if I file my 2014 tax return as a US resident (I've maintained a permanent US address, and am paid into a US account by a US company), and pay taxes for the year (don't exlude my foreign earned income) then maybe that would be sufficient for the I-134 even though I was actually living abroad while earning that money? Has anyone tried this or has thoughts about whether this is legit or could work?

Thanks in advance!

[Pitaya 2,577]

~Moved from K1 Process to Tax & Finance During US Immigration Forum

~Inquiry about income tax filing~

[Owen_London 65]

You don't provide enough information to answer your questions. Do you have US citizenship? Do you have a US green card (permanent residency)?

The fact that it would be useful to you is not how you decide if you are tax resident, or if you need to file your US taxes.

You are liable for US taxes if you are a US citizen or permanent resident, wherever you live. If that applies to you, you will need to file all back taxes, not just 2014. You should have filed when they were due, but you can still back file.

You are counted as a US tax resident if you meet the substantial presence test or the green card test (and don't meet the exceptions).

I'm guessing you are a US citizen living abroad, in which case, there is some info on the IRS website here: http://www.irs.gov/Individuals/International-Taxpayers/Taxpayers-Living-Abroad

As for the requirements for K-1 visas, I'm afraid I don't have all the details, as I'm adjusting status from L-1B. However, I will point out that there is a box on the I-864 where you certify that you have filed federal taxes for each of the last three years. 2014 alone is insufficient.

[mmmb1111 0]

Thanks for your reply Owen.

I am a US citizen. I have filed tax returns for the last three years. I am wondering about filing my 2014 tax return (April of next year). I thought about this because on the form I-864 you are instructed to enter "total income" from Form 1040, which is near-zero if I file for the foreign earned income tax credit, but it is sufficiently above 125% of the poverty level if I do not claim exemption for foreign earned income. I just wonder how USCIS would look at this situation.

[Owen_London 65]

I'm afraid I don't know about how foreign filing works, sorry.

Your best bet will likely be to ask in the K1 or DCF visa forums.

K1 is the fiancee visa. However, you might want to consider marrying in Mongolia and then applying for a CR-1 visa via Direct Consular Filing (DCF). DCF applications have their own forum too. I believe that's the more usual way for non-resident US citizens to bring their partners to the US. Even if you stick with the K1 application, the DCF forum will likely have more information about how to complete your affidavit of support if you aren't resident in the US.