Help!

[Zaizei 0]

As a lawyer you shouldn't have a problem going through with this then. Just read the guidelines and fill out the paperwork.

Have you read the fact that I have not practice as a lawyer, right? I mean, I need help, since I have lived in Spain my whole life and I'm not familiar with the paperwork and the system. Not because I'm a lawyer (have the degree) in another country makes the whole situation easier... In fact, I wouldn't be here (asking for your help) if I could do it on my own...

[Alaska2012 462]

Oh sorry, I just assumed that reading information and perhaps filling out forms wouldn't be too big of an issue. Most of us on here do just that, read the guidelines and fill out our forms. And since you said you were a lawyer I just figured you would be able to do it too...

All the info you need you will find in the guidelines!

[IcezMan_IcezLady 582]

I really don't know how the tax goes over there, but I imagine that if I have never worked (made any money) I don't need to file anything (at least here in Spain is like that). Is it that when you turn 18/21 years automatically you have to file taxes even if you never had a job? Also Spain and U.S. have a dual taxation treaty, but that will entry into game if I ever have worked here in Spain. Maybe I'm wrong...

The tax issue is with the US government. it wouldn't have been an issue if you weren't trying to use the benefits as a US citizen.

http://www.irs.gov/pub/irs-pdf/f1040nr.pdf

Even when you don't make any money and you are above the age requirement ,you are supposed to file something (I'm not sure about the form) regardless of where you live. There a news story about American expats renouncing citizenship due to the tax filing issue.

Do some research on what that means for your status.

Now, you've stated here that you are a lawyer and you are claiming no income for the past 16 yrs.

That raises a brow. [it does for me]

Go through irs.gov and do some research.

Sorry if i sound harsh but nothing is impossible. Just find out.

And be careful with your statement about your employment situation. example, "you can't say you had no income from job and later reverse that statement to help your law practice in the US."

handle any legal obligation you may have with the US government before trying to use that benefit that comes with the obligation.

Good luck!

[lost_at_sea 995]

Also Spain and U.S. have a dual taxation treaty, but that will entry into game if I ever have worked here in Spain. Maybe I'm wrong...

Treaties make no difference to who has to file, only how much you may have to pay in taxes. Check on the IRS website as to what you needed to file (my earlier link to the IRS website should be a good starting point).

As for the visa - you'll begin by filing petition paperwork with USCIS in the USA (by mailing forms to the USA with evidence) as the very first step. The guides here are quite good, and if you read them through before starting, it's pretty easy to follow along as you get going. You won't deal with your local embassy in Spain until after the petition paperwork has been filed, reviewed and approved in the USA and sent to them there for visa processing, medical, interview and issuance. Your local embassy won't supply you with more details than what is on their website: http://madrid.usembassy.gov/visas/immigrant/immediaterelatives.html

[Zaizei 0]

The tax issue is with the US government. it wouldn't have been an issue if you weren't trying to use the benefits as a US citizen.

http://www.irs.gov/pub/irs-pdf/f1040nr.pdf

Even when you don't make any money and you are above the age requirement ,you are supposed to file something (I'm not sure about the form) regardless of where you live. There a news story about American expats renouncing citizenship due to the tax filing issue.

Do some research on what that means for your status.

Now, you've stated here that you are a lawyer and you are claiming no income for the past 16 yrs.

That raises a brow. [it does for me]

Go through irs.gov and do some research.

Sorry if i sound harsh but nothing is impossible. Just find out.

And be careful with your statement about your employment situation. example, "you can't say you had no income from job and later reverse that statement to help your law practice in the US."

handle any legal obligation you may have with the US government before trying to use that benefit that comes with the obligation.

Good luck!

The thing is that I have never lived in the U.S., I have just spent some time on vacation visiting my family. I have 25 years and I've been living here in Spain for 16 years. Before that I lived in Peru with my mother. I just graduated from law school last year and after that I studied for the bar exam and just sat for it on July 2015 (the thing got delayed due to some family issues). I still believe that because I have never lived in the U.S. (have my permanent residence in Spain and I have never been domiciled anywhere in the U.S.) and have not worked, then I am not forced to file taxes.

[Zaizei 0]

Oh sorry, I just assumed that reading information and perhaps filling out forms wouldn't be too big of an issue. Most of us on here do just that, read the guidelines and fill out our forms. And since you said you were a lawyer I just figured you would be able to do it too...All the info you need you will find in the guidelines!

Well, my problem actually is not filing out the forms. My problem is that I don't know how to prove my intent to be domicile in the U.S. From other posts I have some examples, but I just wanted to know if you guys know what in my specific case will help. Thank you though

[lost_at_sea 995]

The thing is that I have never lived in the U.S.

Doesn't matter. As a US citizen, you still have to file US taxes. It's not about living in America. The US doesn't care where you live as a US citizen - just what you earn and they get their slice.

[lost_at_sea 995]

From the IRS: http://www.irs.gov/Individuals/International-Taxpayers/U.S.-Citizens-by-Birth-or-through-a-U.S.-Citizen-Parent

All U.S. citizens are subject to U.S. income tax on their worldwide income, regardless of where they reside. U.S. citizens residing abroad are subject to the same income tax filing requirements that apply to U.S. citizens living in the United States. All U.S. citizens must file a U.S. federal individual income tax return each year – Form 1040, 1040A, or 1040-EZ – if their gross income from all sources meets the amounts in the filing requirement charts located in the forms’ instruction

Assuming you've really earned/received 0 monies in your adult life, then you probably didn't have to file, but if you've had any income ever (I mean, how did you pay for school?) then you probably should have filed. You can find out more on the IRS website. You can back-file if you did have any income at any point, although you may be liable for penalties. When you file the financial documents for the visa, you'll also have to state why you were exempt from filing taxes if you didn't need to (the reason won't be "abroad" it'll be "never worked/no income").

Edited August 7, 2015 by lost_at_sea

[elmcitymaven 9,712]

Just curious Zaizei (as another foreign-educated lawyer) -- assuming that your law degree/JD equivalent was not in a common law system or in the English language, the CA Bar didn't require that you complete a year of legal study in the US via an LLM to sit for the Bar? If I'm wrong and you went to law school here in the US, UK or other common law jurisdiction, feel free to ignore me.

I also never practiced, but since my legal education was only two years (common in England and Wales for people with non-law undergraduate degrees) and not three, I have to start all over again from the beginning with a JD instead of just topping up with one year.

[Zaizei 0]

From the IRS: http://www.irs.gov/Individuals/International-Taxpayers/U.S.-Citizens-by-Birth-or-through-a-U.S.-Citizen-Parent

Assuming you've really earned/received 0 monies in your adult life, then you probably didn't have to file, but if you've had any income ever (I mean, how did you pay for school?) then you probably should have filed. You can find out more on the IRS website. You can back-file if you did have any income at any point, although you may be liable for penalties. When you file the financial documents for the visa, you'll also have to state why you were exempt from filing taxes if you didn't need to (the reason won't be "abroad" it'll be "never worked/no income").

I didn't pay for school. My father did. As I said before, I had 0 income. Never worked.

[Zaizei 0]

Just curious Zaizei (as another foreign-educated lawyer) -- assuming that your law degree/JD equivalent was not in a common law system or in the English language, the CA Bar didn't require that you complete a year of legal study in the US via an LLM to sit for the Bar? If I'm wrong and you went to law school here in the US, UK or other common law jurisdiction, feel free to ignore me.

I also never practiced, but since my legal education was only two years (common in England and Wales for people with non-law undergraduate degrees) and not three, I have to start all over again from the beginning with a JD instead of just topping up with one year.

To summarize, in CA they don't care where you have studied as long as you pass the Bar Exam. They will require the information about you degree and if you are admitted in other jurisdiction outside the U.S. That was my case. Since I was admitted to practice in another jurisdiction, I was qualified to sit for the bar exam.

[elmcitymaven 9,712]

To summarize, in CA they don't care where you have studied as long as you pass the Bar Exam. They will require the information about you degree and if you are admitted in other jurisdiction outside the U.S. That was my case. Since I was admitted to practice in another jurisdiction, I was qualified to sit for the bar exam.

Okay, you were admitted. That's different from my situation, since in England and Wales you are only "admitted" after practicing two years in a training contract, which I never did. Thanks for the explanation. I know waaaaaay more about the vagaries of CA Bar admittance than I care to admit.

[Zaizei 0]

Okay, you were admitted. That's different from my situation, since in England and Wales you are only "admitted" after practicing two years in a training contract, which I never did. Thanks for the explanation. I know waaaaaay more about the vagaries of CA Bar admittance than I care to admit.

I see... That is another story. Hopefully you can study for a year in CA and then be qualified to sit for the bar exam. No thanks needed for the explanation. I'm happy to help

[Pennycat 880]

Thank you very much for your reply (and to everyone that have tried to help me out here). For us I don't think that the marriage visa is the best option, since by July 2016 we have to be in CA (I can't risk to be late on that) and it sound like (normally) the marriage visa takes way longer that the fiancé one. For us is not a problem that he does not have a job, since he has to study to sit for the exam to be a nurse in CA (he is already a nurse in Spain) and he will need time for that (and adjusting to the U.S.).

My main issue is how do I document the fact that I want to live again in the U.S....

Ah ok, well if working right away isn't a concern, and you want to make sure he can move with you that makes sense. If you do become one of those people who wind up on the extreme fast track (there's almost no way of knowing if you will) at USCIS, you'll just need to try to drag out the embassy process as long as you can.

The USCIS processing is the most highly variable thing, and it comes down to a mix of things well beyond anyone's control--like which office you get assigned to, what their workload is like and what order you get randomly "pulled off the shelf". Essentially pure dumb luck. Some people get through USCIS in as little as 3 weeks and others (hand up over here), 6 or more. Embassy processing (just from what I've observed here) seems to take no more than 3 months (some extreme outliers that have complex cases and, unfortunately, certain regions are a different matter--doesn't sound like this applies to you), but you can delay submitting the next stack of paperwork for a while, and you can schedule the medical appointment as far in the future as you're allowed and then apply for an extension if you need/want. But really, once you get that visa in hand, you have 6 months from the medical appointment date to use it. So you should be ok just with the two "stall tactics" described--if you even need them. No telling what surprise USCIS has for us all next.

[Zaizei 0]

I found out that I didn't have to file the tax return through this web page: http://www.irs.gov/uac/Do-I-Need-to-File-a-Tax-Return%3F

The thing is (as I suspected) that if I earned no money (or little money during the year 2014 or before) I don't need to file a tax return. That make sense for me, since it is ridiculous that they ask you to file the tax return when you do not reach the limit of money earned (whether living in the U.S. Or abroad). Thank you though for the comments, I needed to double check this, now I feel more relax.