Help with tax returns while out of country, and didn't earn enough.

[Samuel Beckett 0]

Can anyone help?

My wife and I are nearing the end of our CR1 application, but we have hit a snag. She filled that she earned $24,000 last year, but didn't. She was in fact living with me in Britain, and although we were living quite comfortably while I ended my degree, and gained work in the area of work I studied, she didn't earn the required amount.

The problem started at my interview. Everything went fine, but at the end the interviewer asked me who my wife was working for last year. I promptly told her that it was British Gas. OK, it was for a temp firm working within British Gas, but I could see where she was going with the questioning. Next question was 'where to was that?' Again, I answer the question directly and say 'Britain'. However now we have hit a sticky situation. They have said that they want the 1040 for last year. My wife was only in thier employment for about three months, earning something in the region of $6000 or so for the whole year.

My wife has now decided to forego all the sponsor attempts and go directly to her mother as co-sponsor. As far as I can see she earns well enough over the poverty line to allow me entry. But a few questions still annoy me.

I also had a letter today...A day before the new I-864 with her mother as co-sponsor, with all her mothers 1040's and such go to the embassy. This letter states that 'An IRS transcript of non-filing is not acceptable' because she made over $7750 - I dont know where they get this number from.

My wife says that she did not need to file, as she says that it states on the IRS website that if you do not earn over a certain amount, you do not need to file...and as it says she did file a non-filing form.

1. Can she just change over from being the sponsor, and with a letter(and revised I-864 with tax returns from the new co-sponsor) say that she wishes her mother to go as co-sponsor?

2. Will they hold up the visa until she has filed a full and accurate 1040?

3. Has anyone else suffered with this problem?

I worship the ground that my wife walk upon, but this is causing so much tension between us...You could be our only hope.

There is only two things definite in this life - death and taxes.

Sam

PS thanks in advance for any help you give.

[curiousn 0]

I am sort of in the same situation, I think. My husband makes enough money for the requirement but he makes it all here in the UK which, I understand, does not count as it will not continue after the move to the States. So I suppose now we'll have to do what you're doing and have his parents act as joint sponsor. I don't actually know the answer to your question but I presume he (and your wife) can fill out a new I-864 with the zero income and have the parent fill out another one. At least that's what I gathered, though I must admit this is all fairly confusing.

Anyway, just thought I'd add my two cents. Hopefully, we'll find out some answers.

[curiousn 0]

An edit:

Upon further reading here (did a search for foreign income), it appears that the petitioner should put down his or her foreign income in USD and the joint sponsor should file a separate form that fulfils the requirement on its own. Your wife would still be the main sponsor, she would just not be the provider of the money for this purpose. At least that's my understanding.

Now I just wonder if I need to send this to the NVC or wait until my interview and present it to them then. Questions, always more questions.

As for whether your wife would still have to file taxes... see this post and the whole thread. I think it's useful.

Hope that's helpful.

Edited August 6, 2007 by curiousn

[Samuel Beckett 0]

after a long 'discussion' my wife has informed me that most of this information is wrong. she will be posting a more accurate account via her user name. I want it to be known that after nearly four months of distance, I have started to get really negative vibes about the process.

Rabbit we talk

Lion we hide

Truth takes a walk

But returns with the tide

thank you to all those who have helped in visajourney!

[justbee 0]

hi,

i am going to try and sort our situation out a little. i would like to clarify the details from my husbands post above:

They initally didn't grant my husbands visa on the day of the interview because they needed my US 2006 tax return. I did not file taxes in 2006 because I was living in the UK with my husband the whole year and did some temp work that equalled around 3000 pounds ($6000). Since we are married I believed (from the irs website) that you didn't have to file unless you made over $16,000 for a married couple filing jointly.

i am aware that they are looking for the sponsor to prove 2 things:

1. that they earn enough to support the immigrant (125% above the poverty level for a household of 2)

2. they've filed taxes for the past 3 years.

i can prove i make enough to support my husband now, but do not have the past 3 years tax returns.

so we are resorting to a cosponsor, my mother who is financially able to do so. we are submitting my mothers I-864 and tax returns tomorrow. we are hoping this is all that is required to finish up our visa process.

my husband is wondering if in addition to my mothers I-864 and tax returns, if I still need to backfile for the small amount I did make in the UK.

i am thinking not, that the co-sponsor is what they base the financial details on. does anyone have any info on this matter?

i worship the ground that my husband walks upon. every second away from him weighs heavier on my aching heart.

just want him here with me and to stop arguing over things that haven't happened.

thanks for listening,

bee

[trailmix 77]

my husband is wondering if in addition to my mothers I-864 and tax returns, if I still need to backfile for the small amount I did make in the UK.

i am thinking not, that the co-sponsor is what they base the financial details on. does anyone have any info on this matter?

From the I-864 instructions, page 8 - item 25:

If you were required to file a Federal income tax return during any of the previous three tax years but did not do so, you must file any and all late returns with IRS and attach an IRS-generated tax return transcript documenting your late filing before submitting the I-864 Affidavit of Support. If you were not required to file a Federal income tax return under U.S. tax law because your income was too low, attach a written explanation.

- Married filing separately for 2006: from http://www.irs.gov/pub/irs-pdf/p54.pdf

Your income, filing status, and age determine whether you must file an income tax return.

Generally, you must file a return for 2006 if your gross income from worldwide sources is at least the amount shown for your filing status:

Married filing separately . . . . . . . . . . . $ 3,300

Hope this helps!

[Samuel Beckett 0]

not good new, but at least it's some light on the topic.

a bit too late though, as my passport and mothers 1040's(co-sponsor) go off to London tomorrow.

Ah well,

thanks trailmix

Sam

[Yodrak 7]

Sam,

My advice is to start telling the truth from the beginning.

I hope that the consular officer will not hold this misrepresentation against, you because it is material and from what you wrote (but I did not quote below) the truth of the financial situation had to be dragged out of you by interrogation.

Yodrak

Can anyone help?

My wife and I are nearing the end of our CR1 application, but we have hit a snag. She filled that she earned $24,000 last year, but didn't. ...... My wife was only in thier employment for about three months, earning something in the region of $6000 or so for the whole year.

......

Sam

PS thanks in advance for any help you give.

[justbee 0]

hello yodrak,

this is the wife (of beckett) from above speaking!

sorry, but we have not misrepresented anything to immigration! in the original post my husband had my numbers mixed up. i clarified the actual numbers on my previous post, to emphasis our real question, which is whether i need to backfile for the small amount i made in the uk IN ADDITION to my mothers cosponsor I- 864 + tax returns.

the quote you are using is out of context. it makes it sound like i told immigration one number but actually made another. the mixup is just in how my husband reported my numbers.

for the year 2006 i was in the UK and made roughly 3000 pounds, $6000.

for this year 2007 i will be making a salary of $24,000.

FYI: my I-864 had my irs letters stating i did not file for the past 3 years and i had a letter stating why. my current employment for this year 2007 is what i gave them, my projected salary to be $24,000. that is enough to support my husband, but they want the sponsor to show past tax returns. since i do not have them we are doing the cosponsor.

please, does anyone understand?

thanks for the advice,

bee

[trailmix 77]

FYI: my I-864 had my irs letters stating i did not file for the past 3 years and i had a letter stating why. my current employment for this year 2007 is what i gave them, my projected salary to be $24,000. that is enough to support my husband, but they want the sponsor to show past tax returns. since i do not have them we are doing the cosponsor.

please, does anyone understand?

thanks for the advice,

bee

Hi Bee,

I think I understand (and I understand the mistake in the original post).

You mention that you had IRS letters stating that you did not file for the last three years and then a letter from you stating why.

Based on your Husband's original post, it seems they are saying that is not good enough and that you were required to file and must before they will process your application.

This makes sense to me as although you have a joint sponsor and indeed that is a key element, you can't have a joint sponsor until you have a sponsor - if you know what I mean.

I guess what I am saying is that although on the surface it would appear that your 2006 income is a moot point, as you are using a joint-sponsor, I suspect they will require you to file those returns anyway.

Here is an example. For our affidavit of support (we both live in Canada), I have stated my income for the past 3 years was zero, because my 'U.S.' income is in fact zero (although I have filed a tax return for all three years). Therefore we have to and are using assets, but that doesn't take away from the fact that I had to file those 3 returns (even though in fact those numbers are worthless for our application).

That's just my opinion though, hopefully someone will come along who didn't file a 2006 return and give some first hand advice.

Best of luck to you

[justbee 0]

hi trailmix,

thank you for your post and understanding. i know it's all messed up and confusing now. just need to wade thru the mess i've caused and get my husband over here to be with me.

i understand i should backfile now even though the amount is so small, they just want the 1040 to say i made $0.

so, JUST TO BE ON THE SAFE SIDE i'm am going to wake this morning (3am) to call the irs office at the london embassy for 9am. i will ask them to do the backfiling for last year for me and state that my US income was $0 and also fill out the 2555 Foreign Earned Income to report what pounds i made for 2006. i've read they are helpful and can do this quickly....HOPEFULLY!

my husband is having his passport picked up tomorrow (tuesday) so hopefully i can get the irs docs to meet up with his passport and my mom's I-864. wouldn't that be ideal?

thank you for sharing your experience and hope.

i hopefully, will take care of business ASAP.

cheers,

bee

[elmcitymaven 9,712]

hi trailmix,

thank you for your post and understanding. i know it's all messed up and confusing now. just need to wade thru the mess i've caused and get my husband over here to be with me.

i understand i should backfile now even though the amount is so small, they just want the 1040 to say i made $0.

so, JUST TO BE ON THE SAFE SIDE i'm am going to wake this morning (3am) to call the irs office at the london embassy for 9am. i will ask them to do the backfiling for last year for me and state that my US income was $0 and also fill out the 2555 Foreign Earned Income to report what pounds i made for 2006. i've read they are helpful and can do this quickly....HOPEFULLY!

my husband is having his passport picked up tomorrow (tuesday) so hopefully i can get the irs docs to meet up with his passport and my mom's I-864. wouldn't that be ideal?

thank you for sharing your experience and hope.

i hopefully, will take care of business ASAP.

cheers,

bee

Bee -- I think I now can see the whole story, having read this and your other posts.

Unfortunately, unless you have residency in the UK (and I think you must be back in America now) you cannot file the IRS forms through the London IRS office and you will have to file in the US. Also, you cannot file over the phone (I *think* that's what you're inferring in the post above) -- you must physically complete the forms.

Sorry for the bad news on this. If you did manage to get through this morning to London, they probably told you something similar, but they should be able to give you advice on filling in the forms. It may be (and I am really not sure about this -- you should contact the Embassy) that they will accept photocopies of the returns as documentary proof of filing for I-864 purposes, as long as you can get proof of posting for the returns.

[Yodrak 7]

bee,

Glad to know this. Your husband needs to be more careful about presenting information clearly and un-ambiguously.

If you did not earn enough to be required by the IRS to file a tax return then you simply need to present the appropriate evidence for immigration purposes - documentation that your 2006 earnings were $6,000 and documentation as to what the minimum filing requirement was for 2006 (the IRS form 1040 instructions for 2006 should provide that information).

Yodrak

hello yodrak,

this is the wife (of beckett) from above speaking!

sorry, but we have not misrepresented anything to immigration! in the original post my husband had my numbers mixed up. i clarified the actual numbers on my previous post, to emphasis our real question, which is whether i need to backfile for the small amount i made in the uk IN ADDITION to my mothers cosponsor I- 864 + tax returns.

the quote you are using is out of context. it makes it sound like i told immigration one number but actually made another. the mixup is just in how my husband reported my numbers.

for the year 2006 i was in the UK and made roughly 3000 pounds, $6000.

for this year 2007 i will be making a salary of $24,000.

.....

thanks for the advice,

bee

[justbee 0]

hi!

thanks for all your help! i know it's been so confusing. i just want this to be OVER!!!

i miraculously stayed awake til 3am this morning and after 3 times being hung up on from the IRS london office number, i tried one last time and a wonderful lady answered straight away. she confirmed what i believed i needed to do: go to my local irs office with my 2006 1040 and 2555 forms filled out, submit them and get a stamped copy to mail to the embassy.

this is exactly what i did and i'm amazed it was so easy. i showed i made $4400 (pounds) as foreign income and it all works out that i don't owe anything. the helpful lady at my local irs office even made me eligible to receive a refund of $30 for some long distance taxes from 2003. that worked out great since i got a parking ticket! that's another story!

but i feel relieved, that now it is out of our hands and immigration will make the final decision. and soon! the courier picked up my husbands passport and my mom's cosponsor forms today. so, more waiting, but now we know we've done all we can do.

thanks for the advice! i would've never known to file the 2555 form and a 1040!

cheers!

bee

[elmcitymaven 9,712]

Bee, that is awesome news! I am so glad that you got this all sorted out in the end -- I've been pulling for you!!!