Lived in canada and didnt file 2018,2017

[Ikhan 49]

Im a dual citizen and didnt file any taxes for any year except 2019 (i moved to the US in 2019 and started work). I am currently sponsoring my spouse and realized i will need 2017 and 2018 tax transcripts. 

If my research is correct, i have to file my taxes with the IRS for 2017 and 2018 and also file an FBAR since my bank exceeded 10k in those years. 

 

I was a student for most of the years before 2018 and never earned more than 100k/year. 

 

I'm concerned because IRS isn't touching any mail (i will need to mail in my tax forms) so it will delay me from getting a transcript. (i have my 2019 taxes ready but have to send it off in the mail)

I am also worried this will affect my spouse sponsorship, does anyone have any experience/advice i could follow? Can I attach my canadian tax transcripts as proof that i never earned more than 100k and I just have to come into compliance with the IRS. 

[Lil bear 4,189]

8 minutes ago, Ikhan said:

Im a dual citizen and didnt file any taxes for any year except 2019 (i moved to the US in 2019 and started work). I am currently sponsoring my spouse and realized i will need 2017 and 2018 tax transcripts. 

If my research is correct, i have to file my taxes with the IRS for 2017 and 2018 and also file an FBAR since my bank exceeded 10k in those years. 

 

I was a student for most of the years before 2018 and never earned more than 100k/year. 

 

I'm concerned because IRS isn't touching any mail (i will need to mail in my tax forms) so it will delay me from getting a transcript. (i have my 2019 taxes ready but have to send it off in the mail)

I am also worried this will affect my spouse sponsorship, does anyone have any experience/advice i could follow? Can I attach my canadian tax transcripts as proof that i never earned more than 100k and I just have to come into compliance with the IRS. 

If you can’t e-file then paper file and submit the full returns and attachments (W2, 1099 etc) for the NVC documentation. 
Your Canadian income won’t count towards your financial

sponsorship for your spouse unless you are able to demonstrate that it will continue when you return to the US. 
Up to date  tax filing  and FBAR is separate to meeting the financial requirements. Current income is what matters for the I 864 

Edited June 9, 2020 by Lil bear

[Ikhan 49]

1 minute ago, Lil bear said:

If you can’t e-file then paper file and submit the full returns and attachments (W2, 1099 etc) for the NVC documentation. 
Your Canadian income won’t count towards your financial

sponsorship for your spouse unless you are able to demonstrate that it will continue when you return to the US. 
Up to date  tax filing  and FBAR is separate to meeting the financial requirements 

Montreal is known to be very strict on the petitioners domicile in the US .. be prepared to relocate first so you meet this requirement by the time the interview happens 

If your employment is not continuing on return to the US, line up a joint sponsor 

So im currently living in Seattle washington and i plan on living here for pretty much the foreseeable future. I used to live in vancouver british columbia (canada). My income will be declared in the US for tax purpose for 2017,2018 but it'll just be from another country, this doesn't count towards my financial sponsorship? I am still waiting for my i130 to be approved so it'll be at least a few more months before i have to deal with this dilemma. 

[NikLR 13,227]

1 minute ago, Ikhan said:

So im currently living in Seattle washington and i plan on living here for pretty much the foreseeable future. I used to live in vancouver british columbia (canada). My income will be declared in the US for tax purpose for 2017,2018 but it'll just be from another country, this doesn't count towards my financial sponsorship? I am still waiting for my i130 to be approved so it'll be at least a few more months before i have to deal with this dilemma. 

Not unless it continues from the same source.

 

Regardless your tax return will show $0 since the USA and Canada have a tax treaty preventing you from being double taxed.

 

As a note you should be back filing all your taxes you made over the threshold to file. If you're having trouble with your returns check out the serbinski forums. 

[Ayrton 965]

36 minutes ago, Ikhan said:

Im a dual citizen and didnt file any taxes for any year except 2019 (i moved to the US in 2019 and started work). I am currently sponsoring my spouse and realized i will need 2017 and 2018 tax transcripts. 

If my research is correct, i have to file my taxes with the IRS for 2017 and 2018 and also file an FBAR since my bank exceeded 10k in those years. 

 

I was a student for most of the years before 2018 and never earned more than 100k/year. 

 

I'm concerned because IRS isn't touching any mail (i will need to mail in my tax forms) so it will delay me from getting a transcript. (i have my 2019 taxes ready but have to send it off in the mail)

I am also worried this will affect my spouse sponsorship, does anyone have any experience/advice i could follow? Can I attach my canadian tax transcripts as proof that i never earned more than 100k and I just have to come into compliance with the IRS. 

You only need to send the latest tax return, which is 2019 for you. If you weren't required to file previous taxes, you will write a letter saying why you weren't required.

 

Past income isn't considered for sponsorship, unless you're trying to show the income is consistent throughout the years, which is not your case since your past income is in another country. You need to prove CURRENT income. That's what they're gonna take in consideration.

[Ikhan 49]

1 minute ago, Ayrton said:

You only need to send the latest tax return, which is 2019 for you. If you weren't required to file previous taxes, you will write a letter saying why you weren't required.

 

Past income isn't considered for sponsorship, unless you're trying to show the income is consistent throughout the years, which is not your case since your past income is in another country. You need to prove CURRENT income. That's what they're gonna take in consideration.

If this is the case then that's awesome. Thank you so much for this! Hopefully all of youre pending cases get approved quickly so you can you see your loved ones!

[NikLR 13,227]

If you made over the threshold to file (which is significantly less than 100k) you need to  back file. 

https://www.hrblock.com/tax-center/income/other-income/how-much-do-you-have-to-make-to-file-taxes/

[Wuozopo 4,293]

3 hours ago, Ikhan said:

I was a student for most of the years before 2018 and never earned more than 100k/year. 

 
You’re misunderstanding the concept. Foreign earned income up to around $100k can be excluded from taxation by using form 2555EZ. But you still have to report you full foreign income plus interest/dividends, scholarships (all converted to US dollars) and work through the whole tax return.  The only way you get out of filing is if you didn’t have enough gross income to have to file. Total income includes salary plus anything else taxable.

2018 Single - file if your income was over $12,000 US.

2017 Single - file if your income was over $10,400 US.

 

So your first step is figure out how much you earned in those years (before taxes were taken out of your check) and any money earned from investments. 
 

3 hours ago, Ikhan said:

Can I attach my canadian tax transcripts as proof that i never earned more than 100k and I just have to come into compliance with the IRS. 

NO. They want information from your actual US tax return if you earned more than those minimum amounts above and have to file. Nothing to do with 100k or Canadian returns.. The I-864 affidavit of support instructions explain what they need in tax return info. 

 

3 hours ago, Ikhan said:

My income will be declared in the US for tax purpose for 2017,2018 but it'll just be from another country, this doesn't count towards my financial sponsorship?

Your sponsorship ability is not based on your previous returns. They just require you to provide that info. They want to know your current income...right now June 2020 and prove it. So if you earn right now $2000/month in Seattle, then your income for support is $24,000/yr.  You do need to prove it with something like an employer letter if you currently earn more than your 2019 return says on Line 7b of the 1040. You can’t just make up a higher number than your tax return Line 7b without proving it with something from your employer or six months of pay stubs.

Edited June 9, 2020 by Wuozopo