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I-864 and Taxes Living and Working abroad 39 years

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Hi friends.

 

I wanted your counsel and experience about my situation, I`ve been reading the forums in order to not repeat my question but I think my case is very particular.

 

I was born in the US, when I was 1 year old my parents moved back to Venezuela. I`ve been living and working in Venezuela until now, the situation here deteriorated to a point that last year my husband and I decided to move to the US. We have an I-130 approved for my husband and my 7 years old daughter. Neither my husband or my daughter have ever traveled to the US.

 

Now we are in the process of the I-864, I`m using a co-sponsor because I don`t think I have enough money to serve as a sponsor for both. At first, I thought I didn`t need to file an I-864, but then after researching and studying carefully the instructions I know I need to file my I-864 alongside the I-864 of the joint sponsor.

 

At the moment I am stuck in the tax section, I have never filled any taxes in the US, I didn`t know I had to (Now I know that is not a valid excuse). I tried to file my 2017 taxes using HR+Block but then it gets stuck in the part when it asks for my husband`s SSN.

 

I am very confused, I cannot file as single because that is a lie, on the other hand, If I select married jointly (which I understand is the best option for tax savings) or filing separately it will ask for my husband`s SSN.

 

Furthermore, there is form 2555-EZ which is an exclusion of foreign income, my only income has been the wages paid by the only company I have worked for in the last 14 years, I completed this form yesterday for 2017, but reading the forums I have come to know that there is also something called FBARs and some suggests that I have to file 6 years of that. Some say not to complicate and to instead write a letter to the NVC alongside my own I-864 stating that I never filled any taxes because I have never worked or earned any money in the US and I`ve never been there more than 3 weeks on a year.

 

This is what I think I should do.

 

Backfile by mail my 2015,2016 taxes and file by mail the 2017 taxes, including a 2555-EZ FEIE for each year.

 

Then write a letter alongside my I-864 explaining the truth about why I never filled any taxes in the past.

 

I don`t know about the FBAR.

 

Please, friends, if anyone knows what is the best course of action for my case please help me. We really need to get out of Venezuela, our situation here is critical.

 

Thank you so much,

 

Marianela

 

 

 

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  • 2 weeks later...
Filed: IR-1/CR-1 Visa Country: Chile
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Hi! I don't know if I can help you but I will try.

My understanding is that the FBAR is for if you have more than $10,000 in your bank. If that is your situation... well I have not ever been so fortunate so I can't help you with that one haha.

You should definitely backfile your taxes. You will probably not owe anything if you earned less than around $100,000 yearly.

Where it asks for your spouse's SSN, you handwrite "Non Resident Alien." You won't be able to e-file. Just mail in the forms.

I would not include a letter explaining that you didn't know you had to file. Lots of US citizens living abroad are ignorant of this rule but it doesn't excuse them. Just file your taxes and then fill out the I-864.

Good luck!

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