I-130 approved. Do we have to file 3-years Federal Tax returns?

[Popey 0]

Wife is U.S. citizen but we've been living in Australia the last 4 years and she hasn't filed taxes (Oops.)

Can we submit the I-864 form without ticking the '3 years Federal tax returns filed' box? Her father is co-sponsoring me, earns a comfortable amount above the poverty threshold and has done all his taxes.

What will happen if it isn't ticked?

Or is this question really designed to check if my wife still sees herself as American because she files tax returns? Either way, she's very late in filing (although in our case, no federal taxes would be due).

We can prove she's intending to take up U.S. domicile again because we'd already shipped our posessions and got our newborn baby his US passport!

The reason I don't want to do the U.S. taxes is because I have to get an ITIN and I can't get a certified copy of my passport for quite some time and don't want to hold up the visa paperwork.

Any help would be appreciated, thanks!

[nightingalejules 678]

My understanding is that she will have to file her tax returns, unless she made under the reporting threshold. Look up some info about the IRS's "streamlined process" for filing back taxes... It's specifically designed for people who live abroad. She can file as "married filing separately without an Itin. Under spouse's ssn on the form she will write by hand NRA (non resident alien) It just means she can't file online, but she can't do that for her previous year tax returns anyway. I do think that you're allowed to file the i864 without the taxes having been completed in the us, though... You need to send copies of every form and worksheet that she submitted, though.

She will need to get up to date with her taxes though, or you will not be approved, even with a joint sponsor.

The us has a tax treaty with Australia, so her income there will probably not be assessed extra tax in the us.

Good luck!