Statement on Not Filing Taxes for Interview

[Asudehhh 0]

I (US citizen) have requested a CR1 visa for my husband. We currently got DQ'd, now we're waiting for our IL. I have been living abroad for 15 years, Haven't been back to the states in this time period so I could not prove domicile so we filed with a jointed sponsor. I have earned my wages in foreign currency (which sadly was always under the gross income required to file for tax returns in the US) and have paid my taxes in the country where I live and also have a citizenship.
My question is when my husband goes to the interview should there be a Notarized document stating that my wages have not met the minimum requirements and so I wasn't required to file for tax returns?

[OldUser 6,696]

A U.S. citizen living overseas and earning less than the foreign earned income exclusion amount should still file a U.S. tax return. Even if your income is below the exclusion threshold (which is $112,000 for 2023), the IRS requires U.S. citizens and resident aliens to report their worldwide income. This requirement applies regardless of where you live or where your income is earned.If your foreign earned income is below the exclusion amount, you may not owe any U.S. taxes, but you must still file Form 1040 and Form 2555 to claim the foreign earned income exclusion. Additionally, filing a return can help you establish a record of your earnings and protect your rights to social security benefits or other future claims.It's also important to note that there may be other filing requirements, such as reporting foreign bank and financial accounts (FBAR) if you have accounts that exceeded certain thresholds at any point during the year.

[pushbrk 12,894]

1 hour ago, OldUser said:

A U.S. citizen living overseas and earning less than the foreign earned income exclusion amount should still file a U.S. tax return. Even if your income is below the exclusion threshold (which is $112,000 for 2023), the IRS requires U.S. citizens and resident aliens to report their worldwide income. This requirement applies regardless of where you live or where your income is earned.If your foreign earned income is below the exclusion amount, you may not owe any U.S. taxes, but you must still file Form 1040 and Form 2555 to claim the foreign earned income exclusion. Additionally, filing a return can help you establish a record of your earnings and protect your rights to social security benefits or other future claims.It's also important to note that there may be other filing requirements, such as reporting foreign bank and financial accounts (FBAR) if you have accounts that exceeded certain thresholds at any point during the year.

That's correct, but to answer the direct question, no.

 

To the OP though, do you mean your gross income was below the filing threshold, or below the foreign income exclusion, or below the minimum income required to sponsor?  Minimum threshold for filing is very low.  Please clarify.

 

Either way, no, you do not need notarized letter, but you will still need to show concrete steps to indicate your intention to re-establish US Domicile at interview.

[Redro 4,611]

3 hours ago, Asudehhh said:

I (US citizen) have requested a CR1 visa for my husband. We currently got DQ'd, now we're waiting for our IL. I have been living abroad for 15 years, Haven't been back to the states in this time period so I could not prove domicile so we filed with a jointed sponsor. I have earned my wages in foreign currency (which sadly was always under the gross income required to file for tax returns in the US) and have paid my taxes in the country where I live and also have a citizenship.
My question is when my husband goes to the interview should there be a Notarized document stating that my wages have not met the minimum requirements and so I wasn't required to file for tax returns?

Filing threshold for MFS (married filing separately) is $5 and that includes any money or interest earned  outside the US.

Are you sure you didn’t have to file US taxes? 
Even if you were single and living overseas it is good practice to file taxes especially if you have a job. 

Edited March 10 by Redro