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W2 Documents submitted at NVC

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Filed: IR-1/CR-1 Visa Country: Taiwan
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Petitioner has not lived in the United States for ten years, so there is no W2 document at all,
so can I only submit the bank's financial proof documents at I-864?

Is it possible to use I-864z only to submit the financial proof of the bank?

Edited by wd250g
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1 minute ago, wd250g said:

Petitioner has not lived in the United States for ten years, so there is no W2 document at all,
so can I only submit the bank's financial proof documents at I-864?

No w2s means you don't include w2s.  Has the petitioner file US tax returns?   Does the petitioner have sufficient assets to sponsor?

March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

December 10, 2021 US Passport Issued

August 12, 2022 PHL Dual Nationality Re-established & Passport Approved 

April 6,2023 Legally Separated - Oh well

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Filed: IR-1/CR-1 Visa Country: Taiwan
Timeline
3 minutes ago, Paul & Mary said:

No w2s means you don't include w2s.  Has the petitioner file US tax returns?   Does the petitioner have sufficient assets to sponsor?

Has the petitioner file US tax returns?   
Ans:  The petitioner hasn't reported taxes to the U.S. in ten years.

Does the petitioner have sufficient assets to sponsor?
Ans: The bank's financial strength is about US $ 100,000 (only one Spousal)

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Filed: IR-1/CR-1 Visa Country: Taiwan
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Is it only necessary to fill in the "Income below reporting threshold" reason on the I-864 document,
and also write a separate statement explaining why there is no income?

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4 minutes ago, wd250g said:

Is it only necessary to fill in the "Income below reporting threshold" reason on the I-864 document,
and also write a separate statement explaining why there is no income?

No income including interest last year?  $5 is the threshold for 2019 if filing Married Filing Separately.

 

Filed FACTA for the foreign banks account(s)?

March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

December 10, 2021 US Passport Issued

August 12, 2022 PHL Dual Nationality Re-established & Passport Approved 

April 6,2023 Legally Separated - Oh well

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Filed: IR-1/CR-1 Visa Country: Taiwan
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8 minutes ago, Paul & Mary said:

No income including interest last year?  $5 is the threshold for 2019 if filing Married Filing Separately.

 

Filed FACTA for the foreign banks account(s)?

No income including interest last year?

Ans:  In the past five years, it has been the job of a tutor,
          so the petitioner does not have any tax filing documents in his place of residence.

Filed FACTA for the foreign banks account(s)?
Ans:  The bank used by the petitioner has been opening an account for a long time,
          so when the bank opened an account at that time, the bank did not ask to notify the US IRS.

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Filed: AOS (apr) Country: Philippines
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Just because you don't have tax filing documents. doesn't automatically mean you don't have a tax filing obligation.  The taxpayer should keep there own books and records tracking all this information 

YMMV

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Filed: IR-1/CR-1 Visa Country: Taiwan
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9 minutes ago, payxibka said:

Just because you don't have tax filing documents. doesn't automatically mean you don't have a tax filing obligation.  The taxpayer should keep there own books and records tracking all this information 

So I will use the document I-864 and fill in the reason for "Income below reporting threshold" in I-864.

And fill out a separate statement, explaining and trying to explain the number of tutors in 2019.
 

I wonder if this method can be used to explain to NVC why there is no tax declaration?

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6 minutes ago, wd250g said:

Filed FACTA for the foreign banks account(s)?
Ans:  The bank used by the petitioner has been opening an account for a long time,
          so when the bank opened an account at that time, the bank did not ask to notify the US IRS.

IRS regulations apply to the US CItizen. Even if the petitioner had only $5 in interest paid by the bank, it would trigger the requirement to file a 2019 US income tax report.   The requirement to file is even listed on petitioners passport.  

 

Taiwan agreed to and was required to start reporting to the IRS in 2016.   $100,000 is twice the minimum. 

Reporting by U.S. Taxpayers Holding Foreign Financial Assets

FATCA requires certain U.S. taxpayers who hold foreign financial assets with an aggregate value of more than the reporting threshold (at least $50,000) to report information about those assets on Form 8938, which must be attached to the taxpayer’s annual income tax return. The reporting threshold is higher for certain individuals, including married taxpayers filing a joint annual income tax return and certain taxpayers living in a foreign country (see below).

As of January 2013, only individuals are required to report their foreign financial assets. At a later time, a limited set of U.S. domestic entities also may have to report their foreign financial assets, but not for tax years starting before 2013. There are some exceptions to the requirement that you file Form 8938. For example, if you do not have to file a U.S. income tax return for the year, then you do not have to file Form 8938, regardless of the value of your specified foreign financial assets. Also, if you report interests in foreign entities and certain foreign gifts on other forms, you may just list the submitted forms on Form 8938, without repeating the details.

You may have to complete and file other reports about foreign assets, such as FinCEN Form 114, Report of Foreign Bank and Financial Accounts (FBAR) (formerly TD F 90-22.1), in addition to Form 8938. For more information, see “Form 8938 Does Not Relieve Filers of FBAR Filing Requirements” below.

March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

December 10, 2021 US Passport Issued

August 12, 2022 PHL Dual Nationality Re-established & Passport Approved 

April 6,2023 Legally Separated - Oh well

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Filed: IR-1/CR-1 Visa Country: Taiwan
Timeline
5 minutes ago, Paul & Mary said:

IRS regulations apply to the US CItizen. Even if the petitioner had only $5 in interest paid by the bank, it would trigger the requirement to file a 2019 US income tax report.   The requirement to file is even listed on petitioners passport.  

 

Taiwan agreed to and was required to start reporting to the IRS in 2016.   $100,000 is twice the minimum. 

Reporting by U.S. Taxpayers Holding Foreign Financial Assets

FATCA requires certain U.S. taxpayers who hold foreign financial assets with an aggregate value of more than the reporting threshold (at least $50,000) to report information about those assets on Form 8938, which must be attached to the taxpayer’s annual income tax return. The reporting threshold is higher for certain individuals, including married taxpayers filing a joint annual income tax return and certain taxpayers living in a foreign country (see below).

As of January 2013, only individuals are required to report their foreign financial assets. At a later time, a limited set of U.S. domestic entities also may have to report their foreign financial assets, but not for tax years starting before 2013. There are some exceptions to the requirement that you file Form 8938. For example, if you do not have to file a U.S. income tax return for the year, then you do not have to file Form 8938, regardless of the value of your specified foreign financial assets. Also, if you report interests in foreign entities and certain foreign gifts on other forms, you may just list the submitted forms on Form 8938, without repeating the details.

You may have to complete and file other reports about foreign assets, such as FinCEN Form 114, Report of Foreign Bank and Financial Accounts (FBAR) (formerly TD F 90-22.1), in addition to Form 8938. For more information, see “Form 8938 Does Not Relieve Filers of FBAR Filing Requirements” below.

So now I should be on the IRS website, and now declare all the cash in the bank where the petitioner is now living, can I get tax documents that can be used in I-864?

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