USC filing from abroad - tax transcripts

[Thesmiths2016 117]

I've had a search and can't find my specific question asked, but sorry if it's a double up.

Myself (beneficiary) and my husband who's the petitioner and USC are both living outside the USA, and have been for 6 years.

One of the requirements listed in the AOS package is the tax transcripts of the past 3 years. He hasn't been earning in the USA so although his accountant is working on filing his zero totals on returns for the last few years, its holding up us being able to submit everything.

Did anyone filing from abroad in our situation submit a letter explaining they were earning overseas, instead of the tax transcripts, and get accepted?

[JenniferNangel 137]

I filed my husband 1-130 via dcf but only could get the last year tax transcripts and didn't want the headache of dealing with Irs so I just got a sponsor for him. If your husband can't back file maybe look for a sponsor but he will be required to show he can support you before they will approve the visa

[Thesmiths2016 117]

I filed my husband 1-130 via dcf but only could get the last year tax transcripts and didn't want the headache of dealing with Irs so I just got a sponsor for him. If your husband can't back file maybe look for a sponsor but he will be required to show he can support you before they will approve the visa

Hi Jennifer. He's not earning in the USA so we can't use his income to prove support anyway. We are doing so with assets (cash) at 3x the poverty line instead.

That's part of the reason I think it's silly we need tax transcripts ... they don't count for anything for him right now.

[JenniferNangel 137]

Hi Jennifer. He's not earning in the USA so we can't use his income to prove support anyway. We are doing so with assets (cash) at 3x the poverty line instead.

That's part of the reason I think it's silly we need tax transcripts ... they don't count for anything for him right now.

Hey believe me I know how stupid it is my husband will be the supporting me until our daughter that's due next month is old enough to be in daycare but yet I had to sponsor him lol. I believe on the aos there is something you can mark saying that you have not filed the past 3 years taxes and even know I have ,it was impossible to get my transcripts while being overseas.

I'm not sure but I think using assets you won't need the taxes at all

[EM_Vandaveer 2,408]

I've had a search and can't find my specific question asked, but sorry if it's a double up.

Myself (beneficiary) and my husband who's the petitioner and USC are both living outside the USA, and have been for 6 years.

One of the requirements listed in the AOS package is the tax transcripts of the past 3 years. He hasn't been earning in the USA so although his accountant is working on filing his zero totals on returns for the last few years, its holding up us being able to submit everything.

Did anyone filing from abroad in our situation submit a letter explaining they were earning overseas, instead of the tax transcripts, and get accepted?

As a USC he's required to file US taxes on his worldwide income. He may not owe any taxes due to the Foreign Earned Income Exclusion. He needs to file his taxes and send tax return transcripts to NVC as part of the I-864 filing unless his worldwide income was under the filing threshold. In that case he can just check the box for not having filed taxes and attach an explanation about his worldwide income having been under the filing threshold. You'd need a joint sponsor then, of course. Edited November 20, 2016 by EM_Vandaveer

[IslandQueen 45]

I've had a search and can't find my specific question asked, but sorry if it's a double up.

Myself (beneficiary) and my husband who's the petitioner and USC are both living outside the USA, and have been for 6 years.

One of the requirements listed in the AOS package is the tax transcripts of the past 3 years. He hasn't been earning in the USA so although his accountant is working on filing his zero totals on returns for the last few years, its holding up us being able to submit everything.

Did anyone filing from abroad in our situation submit a letter explaining they were earning overseas, instead of the tax transcripts, and get accepted?

We didn't file from abroad but used my husband's foreign income for the I864. As far as his accountant told him, US citizens are required to file taxes on their worldwide income. We provided a copy of out tax returns and brought the transcripts to the interview last week.

Excerpt from IRS website:

"If you are a U.S. citizen or resident alien, the rules for filing income, estate, and gift tax returns and paying estimated tax are generally the same whether you are in the United States or abroad. Your worldwide income is subject to U.S. income tax, regardless of where you reside."

Reference: https://www.irs.gov/individuals/international-taxpayers/u-s-citizens-and-resident-aliens-abroad

[pushbrk 12,876]

Hi Jennifer. He's not earning in the USA so we can't use his income to prove support anyway. We are doing so with assets (cash) at 3x the poverty line instead.

That's part of the reason I think it's silly we need tax transcripts ... they don't count for anything for him right now.

Information about Tax Returns is not necessarily about qualifying as sponsor. US Citizens "earning" income abroad are still required to file a US Federal Tax Return, even though their income earned abroad may mostly or all be exempt from US Taxes.

You would put $0 as your current income you are using to qualify, but the past tax return information is still required in the applicable section of the I-864.

You don't need to wait for transcripts. You can send copies of the complete tax returns. The accountant needs to concentrate on filing the tax returns, not obtaining transcripts from the IRS.

[M&Ms 8]

Ok this is the same thing I'm concern about it. I am filing for my wife from aboard and I file my taxes with my accountant back in the US. I am still working overseas with a local company. Do I need or anyone in in the same situation as my case need a join sponsor? I keep getting mixed feedback in almost every posts here

[pushbrk 12,876]

Ok this is the same thing I'm concern about it. I am filing for my wife from aboard and I file my taxes with my accountant back in the US. I am still working overseas with a local company. Do I need or anyone in in the same situation as my case need a join sponsor? I keep getting mixed feedback in almost every posts here

If your income will continue from the same source once in the USA, you don't need a joint sponsor. If you'll need a new job when you move back to the USA, you can use a qualified joint sponsor OR come back early and get a job.

[Jeniafrench 8]

Hi everyone, I wanna jump in since I have some questions / comments.

My husband (the USC) and I are living and working in Singapore. We just sent the AOS + IV documents package. I was pretty confident about it until just now...

1. Tax transcripts - all USCs are required to file on their global income. My husband did that, we called IRS and they mailed the transcripts to our Singapore address (they already had it on file). It was very easy and took about 3 weeks for us to receive them by mail. If IRS doesn't have your foreign address, you can tell it to them first, they will take some time to change it in the system, and then you can have them mail it to you. Either way, getting these while overseas is not a problem.

2. I keep seeing on Visajourney that when filling from abroad the sponsor has to put 0$ as their current income even if they are employed. Is that true? I looked all over the AOS instructions and couldn't find it anywhere. So we put his real current income, not zero. If we did it wrong, please kindly share the information on why and where I can read more about it... We didn't use a joint sponsor since we thought his income is sufficient.

3. We submitted some evidence of him maintaining his US domicile (not sure if it is strong enough, we'll see). But anyway he wants to move back to the US a month or 2 before my interview to look for a new job. If he doesn't have a job yet by the time I'm being interviewed - will that be a problem fo approval?

Thank you so much in advance for any feedback.

[EM_Vandaveer 2,408]

Hi everyone, I wanna jump in since I have some questions / comments.

My husband (the USC) and I are living and working in Singapore. We just sent the AOS + IV documents package. I was pretty confident about it until just now...

1. Tax transcripts - all USCs are required to file on their global income. My husband did that, we called IRS and they mailed the transcripts to our Singapore address (they already had it on file). It was very easy and took about 3 weeks for us to receive them by mail. If IRS doesn't have your foreign address, you can tell it to them first, they will take some time to change it in the system, and then you can have them mail it to you. Either way, getting these while overseas is not a problem.

2. I keep seeing on Visajourney that when filling from abroad the sponsor has to put 0$ as their current income even if they are employed. Is that true? I looked all over the AOS instructions and couldn't find it anywhere. So we put his real current income, not zero. If we did it wrong, please kindly share the information on why and where I can read more about it... We didn't use a joint sponsor since we thought his income is sufficient.

3. We submitted some evidence of him maintaining his US domicile (not sure if it is strong enough, we'll see). But anyway he wants to move back to the US a month or 2 before my interview to look for a new job. If he doesn't have a job yet by the time I'm being interviewed - will that be a problem fo approval?

Thank you so much in advance for any feedback.

You'll need a joint sponsor unless his current income will continue after moving back to the US.

[Jeniafrench 8]

Thanks for a reply! Could you please let me know where I can read more about it? Please help, since this is important but I absolutely fail to find any answers in any official sources...

So should we expect NVC to ask for additional joint sponsor's AOS? We already mailed everything with just my husband as a sponsor.

Will they not approve my visa unless one of the sponsors has a US based income?

You'll need a joint sponsor unless his current income will continue after moving back to the US.

[EM_Vandaveer 2,408]

Thanks for a reply! Could you please let me know where I can read more about it? Please help, since this is important but I absolutely fail to find any answers in any official sources...

So should we expect NVC to ask for additional joint sponsor's AOS? We already mailed everything with just my husband as a sponsor.

Will they not approve my visa unless one of the sponsors has a US based income?

Yes, they'll most likely ask for proof that the income will continue or for a joint sponsor with US-based income.

[pushbrk 12,876]

You confirmation of the need for income to continue FROM THE SAME SOURCE after returning to the USA, can be found in the I-864 INSTRUCTIONS, and in the storage space where you keep your common sense.