Jump to content
Sign in to follow this  
TrappedNJapan

no tax returns (split topic)

7 posts in this topic

Recommended Posts

I have no tax tax returns for the last 7+ years. I have been living overseas.

Can I state in my letter that I have not filed any tax returns because I was living overseas and did not make over $98,200 USD.

That is the minimum amount you have to make to be required by the IRS to file taxes when living overseas.

Share this post


Link to post
Share on other sites

I have no tax tax returns for the last 7+ years. I have been living overseas.

Can I state in my letter that I have not filed any tax returns because I was living overseas and did not make over $98,200 USD.

That is the minimum amount you have to make to be required by the IRS to file taxes when living overseas.

On our original AOS, the one we just got a checklist for, my husband left question 13 blank and then wrote a little note saying "not required to file federal taxes as per attached statement". Then he attached a signed and dated statement saying his name, social security number, that he "confirm under penalty of perjury under the laws of the United States that I have not been required to file any federal income tax for the past seven years", the reason why and that he has had zero annual income for the past seven years. We got a checklist saying that we need to fill in the amounts for 2014. It even states if no annual income, so state. So make sure you write 2014 in box 13a and 0 in box 13a.1 and mention the attached statement.

Good luck.


Met online October 2010


Engaged December 31st 2011


heart.gifMarried May 14th 2013 heart.gif



USCIS Stage


September 8th 2014 - Filed I-130 with Nebraska Service Center


September 16th 2014 - NOA1 received


March 2nd 2015 - NOA2 received :dancing:



NVC Stage


March 28th 2015 - Choice of agent complete & AOS fee paid


April 17th 2015 - IV fee paid


May 1st 2015 - Sent in IV application


May 12th 2015 - Sent in AOS and IV documents


May 18th 2015 - Scan Date


June 18th 2015 - Checklist received


June 22nd 2015 - Checklist response sent to NVC


June 25th 2015 - Put for Supervisor Review


Sept 15th 2015 - Request help from Texas US Senator Cornyn and his team


Sept 23rd 2015 - Our case is moved from supervisor review to NVC's team for dealing with Senator requests


Nov 4th 2015 - CASE COMPLETE!!!! :dancing:



Embassy Stage


Dec 16th 2015 - Medical exam


Dec 21st 2015 - Interview


Dec 21st 2015 - 221(g) issued at interview for updated forms


Jan 13th 2016 - Mailed our reply to the 221(g) to the US Embassy, received and CEAC updated the next morning


Jan 20th 2016 - Embassy require more in-depth info on asset for i-864


Feb 1st 2016 - Sent more in-depth info on assets as requested. Received the next morning


Feb 16th 2016 - Visa has been issued :dancing: :dancing: :dancing: :dancing: :dancing:



In the US


April 5th 2016 - POE Newark. No questions asked.


April 14th 2016 - SSN received


May 10th 2016 - First day at my new job :dancing:


May 27th 2016 - Green Card received


June 7th 2016 - Got my Texas driver's license

Share this post


Link to post
Share on other sites

I have no tax tax returns for the last 7+ years. I have been living overseas.

Can I state in my letter that I have not filed any tax returns because I was living overseas and did not make over $98,200 USD.

That is the minimum amount you have to make to be required by the IRS to file taxes when living overseas.

$98,200 is not the requirement for filing taxes. It is the amount that you don't have to pay tax on. The filing requirement income levels are as follows:

Filing Status* Amount: Single$10,150

65 or older$11,700

Head of household $13,050

65 or older$14,600

Qualifying widow(er)$16,350

65 or older$17,550

Married filing jointly$20,300

Not living with spouse at end of year$3,950

One spouse 65 or older$21,500

Both spouses 65 or older$22,700

Married filing separately$3,950

*If you are the dependent of another taxpayer, see the instructions for Form 1040 for more information on whether you must file a return.

Follow this link for the complete document >>>> http://www.irs.gov/publications/p54/ch01.html#en_US_2014_publink100047318


I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Share this post


Link to post
Share on other sites

$98,200 is not the requirement for filing taxes. It is the amount that you don't have to pay tax on. The filing requirement income levels are as follows:

Filing Status* Amount: Single$10,150

65 or older$11,700

Head of household $13,050

65 or older$14,600

Qualifying widow(er)$16,350

65 or older$17,550

Married filing jointly$20,300

Not living with spouse at end of year$3,950

One spouse 65 or older$21,500

Both spouses 65 or older$22,700

Married filing separately$3,950

*If you are the dependent of another taxpayer, see the instructions for Form 1040 for more information on whether you must file a return.

Follow this link for the complete document >>>> http://www.irs.gov/publications/p54/ch01.html#en_US_2014_publink100047318

Great! I searched and it seems you are 100% correct. What the hell am I supposed to do now. Last time I was in the USA I met with fathers accountant. He told me to my face that I did not have to file. don't worry about it.

1. How do I fix this

2. What do I put on the i-864

3. What do I say in the letter for no submissions of taxes. "my accountant is an idiot and I was a fool to listen to him and based on his advice he told me not to worry about filing taxes since I earn below the taxable limit"

Share this post


Link to post
Share on other sites

You need to file the last 3 or so years of returns (to cover the I-864 requirement).

Accountant didn't know immigration ramifications because it's not a well known part of life. Saying that you got the wrong info from someone will not likely satisfy the adjudicator. File the back returns and keep moving the process forward.


I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Share this post


Link to post
Share on other sites

Posts split into separate topic as poster is asking about their own situation and not replying to the OP of the other thread. Please start your own thread with your own questions instead of hijacking threads started by other members.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

Share this post


Link to post
Share on other sites

1. Go ahead and file now. Your income will be $0 on the i-864 but you will need to file in order to show your foreign income exclusion (use form 2555).

2. Send i-864 with complete copies of your tax returns that you just filled out - search forums for more information about this. Shortly after you file, also request your IRS tax transcripts in case you get a checklisted for them (you'll have to do this by mail if you are still living overseas; the mail-in form is 4506-T).

3. If you are earning money you are required to file so you won't have to write a letter.

By the way, if you no longer have your W2 (or its foreign equivalent) from previous years, you can use form 4852 to estimate what your income was. I had to do this and it turned out fine!

Edited by shiroiuso

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×