Do we require tax returns?

[Tom12345 2]

Hi all,

 

My wife is a US citizen but has only just returned to the US after living overseas since the age of 16.  We are assembling our AOS package and we are struggling with the form because she hasn't ever done a US tax return.  Her parents who do reside in the USA have claimed her as a dependent, I believe this affects her returns somehow.

 

As my wife is presently unemployed we are using one of her parents as a joint-sponsor on our AOS.  My question is, is it ok that we don't have any W-2, IRS Tax Transcripts, Federal Income Tax Returns or Social Security Earnings Statements for my wife?  Will we have to tick "Unavailable" and then explain in a formal statement that the reason we don't have any of these is because she hasn't worked in the USA since 2009?  I'm new to the whole IRS system, as is she, and I'm concerned she was supposed to file a tax return even though she wasn't earning money in the USA.

 

Any help would be much appreciated!

Thanks 

Edited February 13, 2018 by Tom12345

[GreatDane 366]

15 minutes ago, Tom12345 said:

Hi all,

 

My wife is a US citizen but has only just returned to the US after living overseas since the age of 16.  We are assembling our AOS package and we are struggling with the form because she hasn't ever done a US tax return.  Her parents who do reside in the USA have claimed her as a dependent, I believe this affects her returns somehow.

 

As my wife is presently unemployed we are using one of her parents as a joint-sponsor on our AOS.  My question is, is it ok that we don't have any W-2, IRS Tax Transcripts, Federal Income Tax Returns or Social Security Earnings Statements for my wife?  Will we have to tick "Unavailable" and then explain in a formal statement that the reason we don't have any of these is because she hasn't worked in the USA since 2009?  I'm new to the whole IRS system, as is she, and I'm concerned she was supposed to file a tax return even though she wasn't earning money in the USA.

 

Any help would be much appreciated!

Thanks 

Unavailable will not work. I wasn't able to find my taxes and wrote a letter - you bet it was flagged and requested the paperwork before they would proceed with the case. As she is a US Citizen, she is responsible for filling taxes, even when abroad. If she has ever earned income, she will need to file back taxes before you proceed. 

[GreatDane 366]

In the unlikely case that she's never earned $10,000 per year, she will be able to write that she was exempt from filing taxes, however if that's true (unlikely), it'll bring up the question as to how she will be your sponsor in the US.

[geowrian 22,337]

If you were required to file taxes but didn't, then you must fix that first. If you were not required to file taxes (i.e. if you did not cross the income threshold), then you must supply a signed letter stating this. Note that USCs are taxed on worldwide income, so figuring out if she was required to file or not would be the first step.

[Wuozopo 4,293]

Start with how much did she earn in the UK the calendar year 2017? 2016? 2015? Was she married or single in ea h of those years?

 

Then specific can be addressed about what to do.

[acidrain 325]

The issue of taxes will for certain need to be resolved. My spouse had not lived in the US since he was a young child too. I had my interview today and both the document submission and interviewer went through tax information. They only focused on the previous year of income tax although he was expected to show up to 3 years prior. If she was not living in the US you still have to report any foreign income and file a return. However she may not have met the threshold as others mentioned.

 

You still have to come up with some sort of evidence from the IRS she is current with them. After we completed my spouse's return we requested a tax transcript which is free. In my interview they took both a copy of his tax return AND the tax transcript. For some people just one or the other suffices.

 

My spouse does not yet have a W-2 and we were concerned this might impact our case but did not. They will look at domicile closer which is not an issue for you. But obviously they will look at the joint sponsor very closely if the petitioner is not working.

[Ryan H 3,812]

Moved from Progress Reports to Process & Procedures.