SB1 visa

[Shadow Moon 2]

@Boiler with all honesty yes. They said yes it is part of the requirements but the judgement of that doesn't rely only on that statement alone. For they said they've got cases in which the LPR who applied for sb1 didnt filed any taxes nor have any properties but were able to return. Now I need to tell of these to the Immigration lawyers In order for me to get the complete professional advise. Otherwise that would be a huge headache for me.  So, yea they said that wasn't the only factor that an officer is basing at

[geowrian 22,337]

If you're looking for legal advice, this forum is the wrong place. Per the TOS, nothing here is to be considered legal advice. Everything here is opinion or personal experience, or both. That doesn't make it any less accurate (plenty of examples of attorneys providing bad and outright wrong advice can be found on this website), but it is what it is.

 

15 minutes ago, Shadow Moon said:

@geowrian You said that you have to disagree that This situation is not unique with PH comapared to many other areas.  Well, Unless you are very familiar about the Philippine system then I would go on your opinion as far as disagreeing with me. You said PH is not unique comapred from other areas?  Try to come here and lived for more than 1 yr to justified that. Otherwise it will be just an opinion based on belief and not as fact. In any rate I respect that. For the taxes though, How am I going  to file? I don't have a properties so how can I file? I already filed my taxes back in 2016 before I left.  So what kind of taxes am I going to file if I don't have a property? specific on the taxes we have diff kinds of taxes

I'm quite familiar with the Philippines. Also I do check with my wife, who lived there almost her entire life.

It's either an opinion or fact. I realize it's an opinion, hence why I said I disagree. I don't disagree with facts. I disagree with opinions. You can disagree with mine, but my understanding is that it is not a unique situation with the Philippines. There are even similar cases reported on this website.

 

Property doesn't mean anything with federal income taxes (well, unless possibly if you sell it or rent it or otherwise earn income from it). You said you worked. That is income.

9 minutes ago, Shadow Moon said:

In terms of working in this country. As one of the layers stated, there is nuthing wrong it because I need to support myself. Unless the idea is to be a leech from someone like my father receiving his retirement is acceptable ethically then supporting your self to survive has nuthing to do with it.

Nobody said there was an issue with working. But that doesn't mean it's not income, and LPRs are subject to tax on worldwide income (although you likely can exclude the taxes on it via the FEIE). Either way, earned income is income regardless of where it is earned.

[Shadow Moon 2]

@Lil bear I am not missing the point. I am stating what the lawyers were telling.  Unless you are a lawyer your self who handled this cases before for so many yrs, then you might be right. Again these are what the lawyers was saying. I do respect your opinion but I am not missing the point. These are the professional advise from the lawyers and I am only stating that fact

[Shadow Moon 2]

@geowrian ah I see, so if that is the case then I am sure wife knows how they define the laws here in the Philippines. So that is what makes it unique. How they understood the process here in the Philippines I am very sure your wife knows that pretty well. As far as the taxes, Again I already submitted my w2 for for 2016 so how can I file a tax with me working in the US since 2016? 2nd lawyers disagreed about filing my tax or what ever my Income here in the philippines because america has nuthing to do with the taxes here in the philippines. we do have a different tax rules. for people who worked under 25k philippine pesos dont need to file taxes. so how can I file and what the authority of america in our taxes?

[geowrian 22,337]

7 minutes ago, Shadow Moon said:

As far as the taxes, Again I already submitted my w2 for for 2016 so how can I file a tax with me working in the US since 2016? 2nd lawyers disagreed about filing my tax or what ever my Income here in the philippines because america has nuthing to do with the taxes here in the philippines. we do have a different tax rules. for people who worked under 25k philippine pesos dont need to file taxes. so how can I file and what the authority of america in our taxes?

You are right - PH taxes have nothing at all to do with US taxes. The requirements there have no impact whatsoever.

But you are (well, claiming to still be) a bona fide resident of the United States. You meet the green card test. As such, under US law, you are subject to taxes on your worldwide income.

Source: https://www.irs.gov/individuals/international-taxpayers/alien-residency-green-card-test

 

If you have received legal advice and you believe it to be correct and complete, then the best thing I can suggest is to follow it.

Edited April 21, 2020 by geowrian

[Boiler 45,525]

7 minutes ago, Shadow Moon said:

@geowrian ah I see, so if that is the case then I am sure wife knows how they define the laws here in the Philippines. So that is what makes it unique. How they understood the process here in the Philippines I am very sure your wife knows that pretty well. As far as the taxes, Again I already submitted my w2 for for 2016 so how can I file a tax with me working in the US since 2016? 2nd lawyers disagreed about filing my tax or what ever my Income here in the philippines because america has nuthing to do with the taxes here in the philippines. we do have a different tax rules. for people who worked under 25k philippine pesos dont need to file taxes. so how can I file and what the authority of america in our taxes?

The IRS has created the International Taxpayer webpage (http://www.irs.gov/individuals/International-Taxpayers) to help answer questions and provide the forms needed to navigate some of the complexities faced by American citizens and other taxpayers who live and work abroad.  Other resources include information on the foreign earned income and foreign housing exclusions and foreign tax credit, along with instructions on how to catch up on filing tax returns.  The web site also offers information on the Foreign Account Tax Compliance Act (FATCA) and the Report of Foreign Bank and Financial Accounts (FBARS).

If you are a taxpayer who lives outside the United States and have specific individual or business account questions, you may contact the International Taxpayer Service Call Center by phone or fax.  The International Call Center is operational Monday through Friday, from 6:00 a.m. to 11:00 p.m. (Eastern Time):

Tel: (267) 941-1000 (not toll-free)
Fax: (267) 941-1055

Please send your tax forms and correspondence to the applicable address listed below. Individual taxpayers located outside the United States may also contact the IRS by mail.

InternationalRevenue Service
International Accounts
Philadelphia, PA 19255-0725

[Shadow Moon 2]

@Boiler Thank you for this info I appreciate this. Unfortunately, I didn't know this at the time and didn't even have the idea so I could've research for it or Inquire of. So I guess it is to late that is fine.

[Boiler 45,525]

Well not too late to file.

[Shadow Moon 2]

@geowrian Thank you so much.   I still try to weigh things.  I know it is a legal advise and they know the laws in Immigration, I am still open for other people's opinion. I don't know if I should give up or not. But I dont want my my son to tell me one day " Why didn't you bother trying? "

[Shadow Moon 2]

@Boiler Really? I can still file and may have a bearing for my SB1 visa to ve apporved?

 

[geowrian 22,337]

No harm in trying. Just hope for the best and be ready for the worst. Good luck.

[Shadow Moon 2]

@geowrian Thank you so much, this is the reason I am not puuting down the tread I am still open for Ideas, suggestions what to do. Half of me stating not to give up for my son. Though I know majority of the people here stated the odds are against me, but maybe... Just maybe there is still a way.  A way to make this SB1 work on my favor

[Shadow Moon 2]

If ever I filled for the taxes I wonder if this would have a bearing if ever I applied for an SB1 visa to get approved? Trying to search for the email of IRS Here in the Philippines fax machines are not too common .

[Just Paul 4,595]

10 minutes ago, Shadow Moon said:

Trying to search for the email of IRS Here

Taxpayer assistance office closed a long time ago.  https://ph.usembassy.gov/u-s-citizen-services/internal-revenue-service-u-s-taxes/

 

 

[Shadow Moon 2]

@Paul & Mary So this means I can't file this yr anymore?