Checklist for AoS - "taxes not filed" - taxes WERE filed

[NinjAva 0]

I am the applicant - my husband is the petitioner. I received this checklist with instructions:

" MYLASTNAME, MYFIRSTNAME Form I-864A, Contract between sponsor and household member & Financial evidence checklist

Please review the instructions below then refer to the final page of this checklist for mailing instructons.

[] Hidden line.

[x] a written statement indicating why you did not file ___2013_______ Federal income tax returns.

[x] ___2013____ Federal income tax returns, IRS printouts, or Letter 1722 issued by the IRS.

[x] ___2013_______ Federal income taxes, (if any) becase you were exempt from filing Federal income taes under U.S. law and you relied soley on foreign earned income during the most recent tax year."

Originally I thought this was a checklist for my husband but, I just realised it was for me. I attached my notice of assessment from the CRA (I am Canadian and that is where all of my income come sfrom) for my Canadian tax proof so it cannot be that I forgot to include that

They are asking me why I did not file taxes with the IRS, right?

Why would I have to file taxes with the IRS if I have not lived there or earned any money there?

Are these things I am actually required to do or was there some sort of error with whoever was doing my processing?

[NinjAva 0]

I am the applicant - my husband is the petitioner. I received this checklist with instructions:

" MYLASTNAME, MYFIRSTNAME Form I-864A, Contract between sponsor and household member & Financial evidence checklist

Please review the instructions below then refer to the final page of this checklist for mailing instructons.

[] Hidden line.

[x] a written statement indicating why you did not file ___2013_______ Federal income tax returns.

[x] ___2013____ Federal income tax returns, IRS printouts, or Letter 1722 issued by the IRS.

[x] ___2013_______ Federal income taxes, (if any) becase you were exempt from filing Federal income taes under U.S. law and you relied soley on foreign earned income during the most recent tax year."

Originally I thought this was a checklist for my husband but, I just realised it was for me. I attached my notice of assessment from the CRA (I am Canadian and that is where all of my income come sfrom) for my Canadian tax proof so it cannot be that I forgot to include that

They are asking me why I did not file taxes with the IRS, right?

Why would I have to file taxes with the IRS if I have not lived there or earned any money there?

Are these things I am actually required to do or was there some sort of error with whoever was doing my processing?

I guess even though I have not in any way moved there, we needed to have an ITIN set up for me and then filed taxes with my husband. I applied to have an a SSN sent to me along with my VISA submission (I think I remember that being an option), and the W-7 for applying for an ITIN says that if you are eligible for a SSN then not to file that W7. I assumed i WAS eligible because I was in the process of filing for my VISA. But I guess maybe I am not eligible until after my AoS has been accepted?

the stress....

[Kels2487 96]

I am the applicant - my husband is the petitioner. I received this checklist with instructions:

" MYLASTNAME, MYFIRSTNAME Form I-864A, Contract between sponsor and household member & Financial evidence checklist

Please review the instructions below then refer to the final page of this checklist for mailing instructons.

[] Hidden line.

[x] a written statement indicating why you did not file ___2013_______ Federal income tax returns.

[x] ___2013____ Federal income tax returns, IRS printouts, or Letter 1722 issued by the IRS.

[x] ___2013_______ Federal income taxes, (if any) becase you were exempt from filing Federal income taes under U.S. law and you relied soley on foreign earned income during the most recent tax year."

Originally I thought this was a checklist for my husband but, I just realised it was for me. I attached my notice of assessment from the CRA (I am Canadian and that is where all of my income come sfrom) for my Canadian tax proof so it cannot be that I forgot to include that

They are asking me why I did not file taxes with the IRS, right?

Why would I have to file taxes with the IRS if I have not lived there or earned any money there?

Are these things I am actually required to do or was there some sort of error with whoever was doing my processing?

Don't panic. This is not for you as the applicant, this is for your sponsor. Did you have a joint sponsor with household member who filled out the I-864A? It seems to me they are asking for that sponsor's 2013 tax return or letter indicating why they did not file.

I would suggest calling the NVC to confirm what exactly they want from you if you are uncertain. Good luck!

[NinjAva 0]

Don't panic. This is not for you as the applicant, this is for your sponsor. Did you have a joint sponsor with household member who filled out the I-864A? It seems to me they are asking for that sponsor's 2013 tax return or letter indicating why they did not file.

I would suggest calling the NVC to confirm what exactly they want from you if you are uncertain. Good luck!

I guess I am the joint sponsor? My husbands income alone is not enough to allow me to come in to the country. I am lucky enough to work in Canada and so close to the border that I will be able to keep my job after we move so we are using my income for the extra support. I feel like what I am supposed to do is explain to them why I did not file taxes for the 2013 tax year. And that would be because I wouldn't have even thought I had to. My husband and I filed separately. I think that what needs to happen is that I need to speak with a tax specialist and have them submit my 2013 information to the IRS along with an application for an ITIN

I am not sure how that sounds to you, or to anyone else that has some more education on the topic than I have?

I will give the NVC a call when I am in an area with phone service to see if I can get any help there

[NikLR 13,220]

If you and your husband filed separately, as you were not living in the country, simply write a letter stating you did not file US taxes because you were not a US resident and not required to file in the USA. Also include a letter stating that you will be continuing your job after moving. When you do move to the USA, you will be required to file taxes in both Canada (because you work there) and the USA (because you're a resident.) But you can exclude your foreign income on you US taxes sand not pay taxes in both countries.

[Kels2487 96]

I guess I am the joint sponsor? My husbands income alone is not enough to allow me to come in to the country. I am lucky enough to work in Canada and so close to the border that I will be able to keep my job after we move so we are using my income for the extra support. I feel like what I am supposed to do is explain to them why I did not file taxes for the 2013 tax year. And that would be because I wouldn't have even thought I had to. My husband and I filed separately. I think that what needs to happen is that I need to speak with a tax specialist and have them submit my 2013 information to the IRS along with an application for an ITIN

I am not sure how that sounds to you, or to anyone else that has some more education on the topic than I have?

I will give the NVC a call when I am in an area with phone service to see if I can get any help there

Well you cannot sponsor yourself. If your husband's income is not enough than you will need a joint sponsor. Who filled out a form I-864A?

I don't think you need to speak with a tax specialist you need to call the NVC and figure out what they are requesting from you to complete your case.

[NikLR 13,220]

Well you cannot sponsor yourself. If your husband's income is not enough than you will need a joint sponsor. Who filled out a form I-864A?

I don't think you need to speak with a tax specialist you need to call the NVC and figure out what they are requesting from you to complete your case.

Yes the OP can be a household member because their job will be continuing after immigrating. No they do not need a joint sponsor in this case.

[Ketsuban 1,034]

If you and your husband filed separately, as you were not living in the country, simply write a letter stating you did not file US taxes because you were not a US resident and not required to file in the USA. Also include a letter stating that you will be continuing your job after moving. When you do move to the USA, you will be required to file taxes in both Canada (because you work there) and the USA (because you're a resident.) But you can exclude your foreign income on you US taxes sand not pay taxes in both countries.

When I was excluding my income, I could only qualify under physical presence or bona fide residence. Is there another way to exclude foreign income if you don't actually live in the foreign country the money comes from?

[Kels2487 96]

Sorry for the bad advice! I'd never heard of the situation. Hope you are able to gain some clarity from others.

Good luck.

[NinjAva 0]

Well you cannot sponsor yourself. If your husband's income is not enough than you will need a joint sponsor. Who filled out a form I-864A?

I don't think you need to speak with a tax specialist you need to call the NVC and figure out what they are requesting from you to complete your case.

Well my husband is the main sponsor - but as i am considered part of his intended household they make an exception and allow me to use my income so joint-sponsor is more accuracte

You are right though. I need to speak to the NVC

[Kels2487 96]

Yes the OP can be a household member because their job will be continuing after immigrating. No they do not need a joint sponsor in this case.

Sorry for the incorrect advice . I guess that just seems odd to me because if her income continues after the move (sourced from Canada and excluded from US taxes) her IRS transcript would reflect 0 total income. Right?

I dunno I'm sure your advice is sound, not questioning that. More just interested in the reasoning behind it. Oh well!

[NinjAva 0]

If you and your husband filed separately, as you were not living in the country, simply write a letter stating you did not file US taxes because you were not a US resident and not required to file in the USA. Also include a letter stating that you will be continuing your job after moving. When you do move to the USA, you will be required to file taxes in both Canada (because you work there) and the USA (because you're a resident.) But you can exclude your foreign income on you US taxes sand not pay taxes in both countries.

Is it really a "simple letter" in the sense that I don't need it notarized or witnessed or anything?

Thanks for your response

[NikLR 13,220]

When I was excluding my income, I could only qualify under physical presence or bona fide residence. Is there another way to exclude foreign income if you don't actually live in the foreign country the money comes from?

Yes, but I'm not sure exactly how, but I know people do it. Your country has to have a tax treaty with the USA is about as far as I know. I think a forum like Serbinski would be better at explaining it as they deal with cross border tax issues. http://forums.serbinski.com/viewforum.php?f=2

Is it really a "simple letter" in the sense that I don't need it notarized or witnessed or anything?

Thanks for your response

Yep.

Just "to whom it may concern, blah blah blah, sincerely me"

[NinjAva 0]

Yes, but I'm not sure exactly how, but I know people do it. Your country has to have a tax treaty with the USA is about as far as I know. I think a forum like Serbinski would be better at explaining it as they deal with cross border tax issues. http://forums.serbinski.com/viewforum.php?f=2

Yep.

Just "to whom it may concern, blah blah blah, sincerely me"

amazing! Thanks so much!

[Kels2487 96]

When I was excluding my income, I could only qualify under physical presence or bona fide residence. Is there another way to exclude foreign income if you don't actually live in the foreign country the money comes from?

No I don't think so. You'd need to be physically present in foreign country for 330 days out of the calendar year.