Interview related on tax return

[Uzonny 1]

Hi ladies and gentlemen , 

I'm not that experienced in posting here but have been a lurker for a while and wanted to see if the knowledge of this community could help me figure something out. I'm the beneficiary (ghanaian nationality and will also try to post this in a country specific thread if it exists), and am planning for my K1 visa interview. We received Noa2 beginning of October and I received the 'K1 pre appointment package' end of October. We've been trying to get our papers together this past month and have run into something. So we have prepared the i134 including a statement from his boss and a statement from the bank but now the checklist said 'including latest tax returns' - we've never read this before and are panicking a little. Our situation is the following:

USC lived in the Netherlands with me from August 2017to September 2018. Then was supported by his mother until January 2018 when he found his current job. Didn't do tax returns for 2019 bc didn't make enough by April and didn't do tax returns in 2018 because he wasn't in the USA. Latest tax returns are thus from 2017 and possibly misplaced. 

My questions:

-what if I go to the interview with no tax returns? Just the i134 with letter from boss and bank

- I see we can request tax return transcripts from the IRS, what if we do this for the latest tax return and I bring that (so only 2017)?

- I know he can still file for 2018 and 2017 even though he didn't make hardly anything.. Would that help? 

 

I'm a little confused why they need the tax returns and don't know what to do. Open to everybody's help..

[JeanneAdil 6,498]

First of all 

This is October so you must have recd the notices in September 

and next the USC needs to do tax returns ASAP as the following are the rules for a USC from the IRS site

 

https://www.irs.gov/individuals/international-taxpayers/taxpayers-living-abroad

 

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.

 

You can go with the letter as the concern is the current income / no idea what will happen

[Uzonny 1]

32 minutes ago, JeanneAdil said:

First of all 

This is October so you must have recd the notices in September 

and next the USC needs to do tax returns ASAP as the following are the rules for a USC from the IRS site

 

https://www.irs.gov/individuals/international-taxpayers/taxpayers-living-abroad

 

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.

 

You can go with the letter as the concern is the current income / no idea what will happen

We letter from the employer Stating how much he earns, and condition  of the employment. Can he give  me a letter stating why he couldn't provide the tax return because he made little, I can show that to Co's? 

[geowrian 22,337]

1 hour ago, Uzonny said:

USC lived in the Netherlands with me from August 2017to September 2018. Then was supported by his mother until January 2018 when he found his current job. Didn't do tax returns for 2019 bc didn't make enough by April and didn't do tax returns in 2018 because he wasn't in the USA. Latest tax returns are thus from 2017 and possibly misplaced. 

My questions:

-what if I go to the interview with no tax returns? Just the i134 with letter from boss and bank

- I see we can request tax return transcripts from the IRS, what if we do this for the latest tax return and I bring that (so only 2017)?

- I know he can still file for 2018 and 2017 even though he didn't make hardly anything.. Would that help? 

 

I'm a little confused why they need the tax returns and don't know what to do. Open to everybody's help..

I think you are significantly misunderstanding how US taxes work. If he moved back in Jan. 2018, he had almost a full year to earn income (Jan. 2018-Dec. 2018). Tax day (in April) is only when taxes are due for the previous year, not when income is counted. Also, it would be the 2017 taxes due in April 2018, and 2018 taxes due in 2019. The 2019 taxes will be due in April 2020.

 

If he has been working in 2018 and earning above the minimum threshold (well below the poverty level), then he needs to file his 2018 taxes.

 

The tax return isn't strictly required for the K-1 visa, but is often requested. If it's on the sheet provided by the consulate, then you should bring it.

It is required for AOS, shortly after entry on the K-1 visa.

 

Note that income covers worldwide income, not just US-based income.

 

Edit: If he did not earn enough to be required to file, he can indicate as such via a letter.

For AOS later, there is a checkbox on the I-864 as well. This is informational only.....you aren't at AOS yet.

Edited October 8, 2019 by geowrian

[Uzonny 1]

32 minutes ago, geowrian said:

I think you are significantly misunderstanding how US taxes work. If he moved back in Jan. 2018, he had almost a full year to earn income (Jan. 2018-Dec. 2018). Tax day (in April) is only when taxes are due for the previous year, not when income is counted. Also, it would be the 2017 taxes due in April 2018, and 2018 taxes due in 2019. The 2019 taxes will be due in April 2020.

 

If he has been working in 2018 and earning above the minimum threshold (well below the poverty level), then he needs to file his 2018 taxes.

 

The tax return isn't strictly required for the K-1 visa, but is often requested. If it's on the sheet provided by the consulate, then you should bring it.

It is required for AOS, shortly after entry on the K-1 visa.

 

Note that income covers worldwide income, not just US-based income.

 

Edit: If he did not earn enough to be required to file, he can indicate as such via a letter.

For AOS later, there is a checkbox on the I-864 as well. This is informational only.....you aren't at AOS yet.

He started work in August 2018 and has been working till this date, he couldn't fill for 2018,and 2017 because he was outside the US and made below the taxable limit for returns

[JeanneAdil 6,498]

he may have made less than $12000 and did not need to pay federal taxes on that but since an employer did not withhold for SS and medicare,  he is responsible to pay into this and is due when filing returns

 

https://www.irs.gov/individuals/international-taxpayers/social-security-tax-consequences-of-working-abroad

 

As a USC,  he has a lot of freedom and rights but also has responsibilities

 

You are going thru a very difficult embassy (like ours) and you need "all your ducks in a row"

Edited October 8, 2019 by JeanneAdil

[Uzonny 1]

3 minutes ago, JeanneAdil said:

he may have made less than $12000 and did not need to pay federal taxes on that but since an employer did not withhold for SS and medicare,  he is 

What should we do now? The interview is next week 

[geowrian 22,337]

10 minutes ago, JeanneAdil said:

he may have made less than $12000 and did not need to pay federal taxes on that but since an employer did not withhold for SS and medicare,  he is 

This would have been withheld for the US employer and is not required for foreign income. It does not change the requirement to file. It would only be an issue if self-employed (since as the US employer, SS & Medicare would not have been withheld).

 

6 minutes ago, Uzonny said:

What should we do now? The interview is next week 

Check here for an official source. It's tedious, but will give you your answer if he was required to file or not.

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

Edited October 8, 2019 by geowrian

[JeanneAdil 6,498]

Netherlands is one of the country's that signed the Totalization Agreement

but from reading the OP posts I assume (maybe wrongly) that he /she was thinking nothing had to be paid to either country as stated "didn't make enough"   Was this under the table work?

 

Only the USC would know for sure and here we are trying to assist the beneficary in a very hard embassy 

 

To the OP,  it would be a good idea for the USC to create (or comment on your profile) for getting the info you both need

 

The United States has entered into social security agreements with foreign countries to coordinate social security coverage and taxation of workers employed for part or all of their working careers in one of the countries. These agreements are commonly referred to as Totalization Agreements. Under these agreements, dual coverage and dual contributions (taxes) for the same work are eliminated. The agreements generally make sure that social security taxes (including self-employment tax) are paid only to one country. 

 

to the OP,   if you are denied,  plan to marry and do the CR1 giving the USC enough time to earn the income needed and show a stronger basis for your relationship