Tax returns/interview/co sponsor

[tpmd 155]

Hi!

I'm relatively new to the site, a bit of a lurker.

 

I have a question about tax returns. I (beneficiary) met my fiance (petitioner) whilst working abroad a few years ago and literally found out about 10 minutes ago that he hasn't filed taxes the entire time we've been living abroad (approx. 5 years). 

 

I've looked online on the IRS website and from what I understand he would need to file the previous 3 years tax returns and may be subject to some penalties. However, I also think he does not actually owe any taxes as he earned under the threshold each year (the threshold is around $100k per year) and would qualify for either bona-fide resident status or physical presence status meaning he would receive foreign income exemption.  

 

I'm just wondering if anyone has any experience with this or any advice? I'm worried that I won't be able to provide his tax return by the time my interview rolls around (if it ever happens ... May 12th filer ughhh). 

 

His dad has agreed to be our co-sponsor though and can provide as many tax returns as necessary if that makes a difference. Sorry for the long post! Any advice would be much appreciated!

 

ETA

I will be able to provide as many payslip as needed for 2017

Edited October 28, 2017 by tpmd
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[Wuozopo 4,293]

1 hour ago, tpmd said:

Hi!

I'm relatively new to the site, a bit of a lurker.

 

I have a question about tax returns. I (beneficiary) met my fiance (petitioner) whilst working abroad a few years ago and literally found out about 10 minutes ago that he hasn't filed taxes the entire time we've been living abroad (approx. 5 years). 

 

I've looked online on the IRS website and from what I understand he would need to file the previous 3 years tax returns and may be subject to some penalties. However, I also think he does not actually owe any taxes as he earned under the threshold each year (the threshold is around $100k per year) and would qualify for either bona-fide resident status or physical presence status meaning he would receive foreign income exemption.  

 

I'm just wondering if anyone has any experience with this or any advice? I'm worried that I won't be able to provide his tax return by the time my interview rolls around (if it ever happens ... May 12th filer ughhh). 

 

His dad has agreed to be our co-sponsor though and can provide as many tax returns as necessary if that makes a difference. Sorry for the long post! Any advice would be much appreciated!

 

ETA

I will be able to provide as many payslip as needed for 2017

 

You are correct about he needs to file tax returns even if he earns his income abroad. And yes he may qualify for the foreign earned income exemption and owe nothing in taxes. 

 

The good news is for a K1 interview in London specifically, he will not have to provide a tax return. They want a proof of income and do not specify how one proves it. So if he is working now in the US and earns enough, he can provide an employer letter with his I-134. If he's not working in the US, then he won't have the same job after moving, right? He could use his Dad as sponsor. Dad would do the I-134 and prove his income with one tax return, or an employer letter. Fiancé would provide no I-134 or proof of income. That's how they do it in London. One sponsor who earns enough on a K1 and it does not have to be the fiancé.

 

Once you are married and file for adjustment of status, the new affidavit of support is I-864. That WILL require his tax return and any optional proof of income he chooses. And Dad would do the same if you still need a joint sponsor. Different strict rules on the I-864, but it allows him time to get the tax returns filed.

Edited October 28, 2017 by Wuozopo

[tpmd 155]

24 minutes ago, Wuozopo said:

 

You are correct about he needs to file tax returns even if he earns his income abroad. And yes he may qualify for the foreign earned income exemption and owe nothing in taxes. 

 

The good news is for a K1 interview in London specifically, he will not have to provide a tax return. They want a proof of income and do not specify how one proves it. So if he is working now in the US and earns enough, he can provide an employer letter with his I-134. If he's not working in the US, then he won't have the same job after moving, right? He could use his Dad as sponsor. Dad would do the I-134 and prove his income with one tax return, or an employer letter. Fiancé would provide no I-134 or proof of income. That's how they do it in London. One sponsor who earns enough on a K1 and it does not have to be the fiancé.

 

Once you are married and file for adjustment of status, the new affidavit of support is I-864. That WILL require his tax return and any optional proof of income he chooses. And Dad would do the same if you still need a joint sponsor. Different strict rules on the I-864, but it allows him time to get the tax returns filed.

Thank you so much! You have really put our minds at ease. There's been a good hour or so of blind panic on this end haha