i130 : if I get rejected, can I apply again?

[SCOREAU 36]

4 minutes ago, Lemonslice said:

How much did she earn (approx. In USD)? It's not just "low income", there's an actual amount defined by the IRS.

 

See https://www.irs.gov/help/ita/do-i-need-to-file-a-tax-return

 

Filing married separately, 2018 filing requirements for most people is only $5 USD.

You'll have to excuse my stupidity. It keeps referring to her living there but she lives here and asks questions about filing separately and whether we provided half of our support for 2018? I'm lost on it.

[SCOREAU 36]

Just now, SCOREAU said:

You'll have to excuse my stupidity. It keeps referring to her living there but she lives here and asks questions about filing separately and whether we provided half of our support for 2018? I'm lost on it.

She says she earnt £10,700 gross for 2018, so about 13375 dollars based on a 1.25 rate.

[Lemonslice 4,996]

I'm not a tax professional, but my understanding is that she was required to file.  No matter where she lived, the IRS considers her a US person. Most probably will not have any taxes to pay, but required to file.

 

You might want to discuss the specifics of your situation with the IRS and/or an accountant well versed in international taxation.

[SCOREAU 36]

37 minutes ago, Lemonslice said:

I'm not a tax professional, but my understanding is that she was required to file.  No matter where she lived, the IRS considers her a US person. Most probably will not have any taxes to pay, but required to file.

 

You might want to discuss the specifics of your situation with the IRS and/or an accountant well versed in international taxation.

I told her about it. She's tired of my talking about it, so I feel content in the knowledge that at least I am busting a gut to do everything I can and can't be accused of not doing my chunk of it. You cold say the ball's in my wife's court, now. Thank you for your help. It's appreciated.

[Villanelle 4,122]

https://www.forbes.com/sites/kellyphillipserb/2019/01/30/do-you-need-to-file-a-tax-return-in-2019/#5626057a6106

 

Heres a simple article that lists the categories and the threshold. For married filing jointly it would count BOTH your incomes. Typically this question about not filing tax returns is a concern for single people doing the fiance visa and what not. It can happen with married couples like your situation but it is more rare. 

 

If she needed to file but DID NOT- you can and should still go to the interview and complete what you can of the process. She can late file her returns and when she gets the proof it was all filed (will take some time) the visa should then be issued. If she did not need to file then you simply need to write a letter stating so. You can include proof the income being too low to be required to file but its not really needed. You cant really prove a negative- so if she was a housewife with no income then she wouldnt have paystatements. A letter stating the income was not enough to file is all the proof needed to satisfy the requirements. 

[usmsbow 802]

If she's worried about fines or penalties, she need not worry assuming she doesn't owe any income taxes. If she just files now, she shouldn't have any problems. 

 

 

 

 

[SalishSea 18,236]

8 hours ago, usmsbow said:

If she's worried about fines or penalties, she need not worry assuming she doesn't owe any income taxes. If she just files now, she shouldn't have any problems. 

 

 

 

 

Doesn’t sound like she’s at all worried about owing back taxes or repayments on loans.....

[kris&me 572]

20 hours ago, SCOREAU said:

She lived with her mum, and was in and out of rubbish jobs. When she came here with our daughter, I was able to provide for her and she was a stay-at-home mum. It has only been in the past 3 years that she has worked part time, to help us out as our finances were strained by some commitments I had which are about to end. We have arrived at a point where we are financially stable , which is a big relief, to me at least. We could move to a big house, I could retire in a year and we would have a good life in the uk as it is. I am pursuing all this for my wife's sake, but open to the move because life's too short to not take risks in life sometimes - although being cautious has served me very well till now, I have to say.

rubbish jobs still require a W2 and tax returns

 

[SCOREAU 36]

19 minutes ago, kris&me said:

rubbish jobs still require a W2 and tax returns

 

I told her what she needs to do, and she's onto it.

[Boiler 46,336]

Just some issues and yes there are many:

 

1. You mentioned pension income but seem not to be receiving any now so that would not count.
2. Unusual for a main residence to be counted as an asset, if you have investment property that would be, you would need a valuation and show the ability to sell in a reasonable time.
3. Health Insurance and your US Tax complications were mentioned in another thread.
4. The obvious option would be for her to get a job, with Insurance by moving ahead and show that as Sponsorship.
5. Child, if this goes belly up, I think the other term would be blocked by VJ censorship, and she and the child are in the US then the chances of you having any say in the child's location has probably evaporated, so consider that. At the moment the UK Courts control matters.

[John & Rose 7,240]

19 hours ago, SCOREAU said:

She says she earnt £10,700 gross for 2018, so about 13375 dollars based on a 1.25 rate.

She has to FILE US taxes if her income is over $12,000 BUT the first $100,000 of foreign earned income is not taxable.  She was required to file even though she would not have had to pay any taxes.