Hey all,

This is my first post to the forum, my Aussie wife and myself got married in June here in Denmark, but we are going to be staying in Australia for awhile so we would like to file DCF down there. My question is, I have been a bad American and have not filed my taxes for the last 3 years because I thought the $80,000 limit was for filing not exemption. My question is; is it possible for my father to sponsor my wife with the I-864 with his tax returns in lieu of me ??
Thank you very much. We will start a timeline as soon as we file our I-130.

Jim

Hiya and welcome to VJ
Congratulations on your marriage, and to being able to file DCF in Oz. One of the easier places, for sure.
You have to be the sponsor for your wife. You also have to get square with IRS as US citizens living abroad still are required to file tax returns if they earned sufficient monies abroad Read here for starters:
http://www.irs.gov/faqs/faq13.html
Read IRS Publication 54 for detailed information:
http://www.irs.gov/publications/p54/index.html


If you don't have sufficient income/assets for the I-864 you will need a co-sponsor (your father?) Also, you will need to show domicile in the US. Additional clear info here (there are many other places to find this info-do a VJ search):
http://tokyo.usembassy.gov/e/visa/tvisa-ivsponsorfaq.html

HTH

Jim,

Have you looked at an I-864 Affidavit if Support form, and read the instructions? Your father can be a Joint Sponsor, you cannot escape being the sponsor.

Best get started filing those back returns.

Yodrak

Jim, no, it is not possible. The tax returns will be required of you. The IRS offices in the Embassies are usually quite helpful.

Also, if you are already married, you might want to go ahead and change what you filing for from "K-1" to "DCF".