Can't really understand the form I-864EZ thing...

[Bullan 0]

So what I understand is that my husband, who's an american citizen and my "sponsor", needs to prove that he can sponsor me. However, he's ALSO a swedish citizen and has been working there his whole life. He has not paid any taxes to the US government until now, when we both moved here. He's making around 70k a year, and only has 'me' to 'support' (I'm actually on a stipend so he doesn't have to support anyone but himself).

But the book I'm reading about these forms says he needs to provide some sort of tax-return paper...? But he has only been working here since January of 2013 so he has paid tax... well... one month? (has had one salary so far).

What do we do?

[Harpa Timsah 13,258]

A US Citizen is required to file taxes on worldwide income. The first thing he needs to do is file back taxes. He was required to file US taxes his whole life. He might not have to pay because of tax treaties, but he has to file and report his income.

Edited March 12, 2013 by Harpa Timsah

[Bullan 0]

Sounds absolutely crazy. Can't we provide the tax papers he has paid as a swedish citizen? This is btw his first 'real' job, he just graduated from University back home, so even if he had spent his whole life in the US he would still just have 2 months of 'work' experience as he spent 5 years at university.

(back in sweden, we have to declare our taxes from the age of 18 I believe, even if you don't have an income. I think would could ask the swedish government for those papers)

What's our other alternative? Can we use his dad as a sponsor instead?

Edited March 12, 2013 by Bullan

[SBB 74]

Sounds absolutely crazy. Can't we provide the tax papers he has paid as a swedish citizen? This is btw his first 'real' job, he just graduated from University back home, so even if he had spent his whole life in the US he would still just have 2 months of 'work' experience as he spent 5 years at university.

(back in sweden, we have to declare our taxes from the age of 18 I believe, even if you don't have an income. I think would could ask the swedish government for those papers)

What's our other alternative? Can we use his dad as a sponsor instead?

Those Swedish tax papers would be included in his US tax returns. Basically, he will claim the Swedish income and then offset the taxes he would have owed on that with the taxes he has already paid in Sweden. He will likely end up not having to pay anything to the US, but he still needs to file the returns.

[Bullan 0]

... so how do you do that?

He does not have three years of working experience. We're both young and have done university studies - therefore, we haven't started working that much yet. Are you saying that kids needs to file taxes in the US as well...? I thought the parents did that.

[Harpa Timsah 13,258]

Sounds absolutely crazy. Can't we provide the tax papers he has paid as a swedish citizen? This is btw his first 'real' job, he just graduated from University back home, so even if he had spent his whole life in the US he would still just have 2 months of 'work' experience as he spent 5 years at university.

(back in sweden, we have to declare our taxes from the age of 18 I believe, even if you don't have an income. I think would could ask the swedish government for those papers)

What's our other alternative? Can we use his dad as a sponsor instead?

Even if you use a co-sponsor your husband needs to show his tax returns. Tax evasion is a felony and they will not let you proceed with immigration unless you have filed your taxes. Your husband is the primary sponsor even if he does not qualify.

If he was not working, then he might not have to file taxes. There is a threshold on income, and if he made less than that, he does not need to report it. If that turns out to be true, then you can write a note for immigration that he made under the required amount to file.

Bullan: If you are the foreigner here then maybe you should wait and calm down and tax to a tax professional or your husband. Anyone working who makes over the threshold needs to file taxes. Young people are not exempt from that. Parents might claim them on their taxes for a deduction, but the kid's income does not go on the parents tax return. The kid files their own taxes and checks "yes" to "someone else is claiming you as a dependent" so the calculation is different.

Edited March 12, 2013 by Harpa Timsah

[Bullan 0]

According to this, we can claim an exclusion?

http://www.irs.gov/Individuals/International-Taxpayers/Foreign-Earned-Income-Exclusion---Can-I-Claim-the-Exclusion-or-Deduction%3F

"Were you a bona fide resident of a foreign country or countries for an uninterrupted period that includes an entire tax year?

Yes. You CAN claim the foreign earned income exclusion and the foreign housing exclusion or the foreign housing deduction."

[Harpa Timsah 13,258]

According to this, we can claim an exclusion?

http://www.irs.gov/Individuals/International-Taxpayers/Foreign-Earned-Income-Exclusion---Can-I-Claim-the-Exclusion-or-Deduction%3F

"Were you a bona fide resident of a foreign country or countries for an uninterrupted period that includes an entire tax year?

Yes. You CAN claim the foreign earned income exclusion and the foreign housing exclusion or the foreign housing deduction."

I already told you you might not have to PAY, but you have to FILE. You will claim the exclusion, but you claim that by filing your taxes.

Really, if this is your first time with US taxes you are going to be swimming up to your ears in misunderstanding.

[SBB 74]

According to this, we can claim an exclusion?

http://www.irs.gov/Individuals/International-Taxpayers/Foreign-Earned-Income-Exclusion---Can-I-Claim-the-Exclusion-or-Deduction%3F

"Were you a bona fide resident of a foreign country or countries for an uninterrupted period that includes an entire tax year?

Yes. You CAN claim the foreign earned income exclusion and the foreign housing exclusion or the foreign housing deduction."

If he can answer YES to all of the questions, then he can.

[Harpa Timsah 13,258]

If he can answer YES to all of the questions, then he can.

That exclusion is for paying more tax, not an exclusion from filing tax.

[Bullan 0]

Well, yes he can.

But we still have an issue, how do we fill out the I-864... He's making enough money now to be considered a sponsor, but he has only paid one month of taxes as he's only worked here for a month.

I suppose we could ask the swedish government and ask them for old tax declarations - we file taxes back home even if you don't make any money from the age of 18 I think.

This is not the first time I have to deal with american bureaucracy, but it is the first time I have to deal with the US taxes. So far it's horrible, but we need to start somewhere. =)

[Bullan 0]

I guess my questions is: How and where do you file old taxes from foreign income in the 'american' way now? Who should we contact about this? Please note: he's a DUAL citizen, not just an american living abroad. He's been living his whole life in another country, he just happens to be born in the US and have an american dad.

[Harpa Timsah 13,258]

I guess my questions is: How and where do you file old taxes from foreign income in the 'american' way now? Who should we contact about this? Please note: he's a DUAL citizen, not just an american living abroad. He's been living his whole life in another country, he just happens to be born in the US and have an american dad.

US does not recognize dual citizenship so to them he is a US citizen. He and all citizens are treated the same way. His status elsewhere does not matter to them.

You can file old taxes by getting the old tax forms. The main US tax form is called 1040. Google "1040" and the year he needs. Or just "income tax" and the year would probably do it. You read the instructions. You make the calculations, and you send it in.

Edited March 12, 2013 by Harpa Timsah

[Bullan 0]

Alright, assuming he files old taxes, doesn't get any returns and what not, e.g it basically doesn't mean anything as he hasn't had a real income until now - what do we do about the form? will our form even be accepted when he doesn't have enough taxes history?

I'm talking about the I-864 form

[Bullan 0]

"The following items must be submitted with Form I-864:

ALL sponsors:

A copy of your individual Federal income tax return, including W-2s for the most recent tax year, or a statement and/or evidence describing why you were not required to file." (from http://www.uscis.gov/files/form/i-864instr.pdf)

What do you guys think of that? If we can provide a document from either the swedish government or IRS then we might be able to skip this step, correct? Can anyone confirm?