Visa suspended 221(g) help!

[Urge To Race 2]

Yes the IRS could make our future lives a nightmare if the fact that my husband had zero income in the Uk and he has spoken directly to someone at the IRS regarding the situation,( and in fact been granted an extension, which I mentioned in my very first post on this thread) then yes I suppose maybe they still could, make our life together a nightmare, but as I also stated at the start of this thread, I am already devasted enough and my immediate concern was in establishing the best and quickest way to go about filing his return for the year 2006 , however I am beginning to wish I had never asked as I now feel a whole lot worse than I alread did.

I'm sorry I made the assumption that he had been working in the UK. He can verify this with the IRS, but if he didn't make money in the UK then I don't think he needed to be filing as I had assumed.

I don't think that filing "married - filing separately" is reckless.

I hope that in the end you find posting more helpful than not.

Your husband cannot file as single. He must file as married. Generally, as you are not a resident for tax purposes and you not a resident in the US at all in 2006, your husband should file as married filiing separately, and you do not need to file. Depending on your husbands US income and your UK income, you can elect to be treated as a resident for tax purposes. It might help his tax position. You can exlucde 82,400 USD of your foreign income from US taxes if you make this election by filing attachment 2555. If you do this, you would file the 1040 with W-7 to IRS ITIN Operations in Austin, TX.

As for previous years. If he made no income in any of those years, he was not required to file. Their is a minimum threshold that triggers the requirement to file, which increases a bit each year, but even 5 years ago it was at least 4800 USD. So $0.00 means he did not have to file. This is assuming that you were never a US Resident for tax purposes (meaning you never lived/ worked in the US, and your husband never filed a joint return with you before).

Cheers