New and panicking

[Valli 0]

I don't even know if I'm in the right area for this, but I'm getting discouraged.

I'm a USC, my husband a UKC. We are waiting for his interview to be scheduled and have collected all documents he needs in the meantime for an immigrant visa to the United States.

Here is where I'm totally lost.

I worked in 2005, but did not make nearly enough money to file taxes. So I didn't file. My step-dad, who is our co-sponsor, told me that I didn't have to file, so I just never worried about it. Since I moved to the UK in 2006, I haven't worked, so of course, didn't file taxes for the past 2 years.

I've been doing a once over for everything to make sure he has all the documents, and I'm now wondering if I was supposed to file taxes even though I haven't worked since 2006, and didn't make enough to file for 2005. If I was TOLD by the IRS that I DIDN'T HAVE to file in 2005, I never got any of that information. I guess I thought it was just a given. (I'm not very experienced with filing taxes, and IRS and all that, as you can tell.)

My step-dad who is the co-sponsor, makes more than enough over the poverty guideline and has attached all tax returns, pay stubs, and W2's for himself, and even has a letter from his employer.

I, myself, have written a letter saying that I have not filed taxes since 2005 for the reasons I've stated above.

Is this good enough? Or do I need to file? And if so, what exactly do I file? We were hoping to be moved to the states in the beginning of September for personal reasons which are very important to us, but now I'm getting discouraged. My visa for the UK will either have to be renewed for good (too expensive to do), or I have to be out of here by Sept. 7. (By the way, I know I can move back to the U.S. without him if I have to.)

Thanks to anyone who got this far and is willing to help us out.

[Chica Yeyé 41]

As far as taxes go, living abroad does not exempt you from filing. My husband had to file late returns when we found out about this nifty regulation (we both lived in Canada when we did DCF) -- although I have heard from folks who submit a letter like the one you mentioned. I guess you can do both - but I am sure someone else with more accurate information will respond

[Valli 0]

I know it doesn't exempt me, but it was more the fact that I haven't worked at all since I've been here. I didn't know if I'd still have to do anything because I haven't worked.

[Chica Yeyé 41]

I know it doesn't exempt me, but it was more the fact that I haven't worked at all since I've been here. I didn't know if I'd still have to do anything because I haven't worked.

Neither did my husband as a grad student; but he filed late anyway. I guess you could begin the late filings and in the meanwhile be ready with your letter stating why you were not required to file. Better safe than sorry.

[desert_fox 32]

Unless you make above a certain minimum, there is no requirement to file.

That minimum is printed every year on the instructions for the 1040, and available on the IRS website. It would take you at least 5 minutes to find that amount.

If you did not file, just write a letter explaining that you had no requirement to file.

[Valli 0]

Well, I just did more research and the only thing I can find about filing taxes on low or no income is ONLY if you want to qualify for economic stimulus payments. But I can't find anything that says "If you didn't work, you still must file taxes", etc. I don't know why you'd have to file anyway if you've earned absolutely $0.00. This just can't be easy...

I'll definitely stick with my letter stating I didn't file taxes, etc. I'm also attaching a W2 for the year I did work showing that I didn't make enough money... so who knows. *sigh*

EDIT: Ok, thank you, desert_fox

Edited July 22, 2008 by Valli

[MargotDarko 0]

Well, I just did more research and the only thing I can find about filing taxes on low or no income is ONLY if you want to qualify for economic stimulus payments. But I can't find anything that says "If you didn't work, you still must file taxes", etc. I don't know why you'd have to file anyway if you've earned absolutely $0.00. This just can't be easy...

I'll definitely stick with my letter stating I didn't file taxes, etc. I'm also attaching a W2 for the year I did work showing that I didn't make enough money... so who knows. *sigh*

EDIT: Ok, thank you, desert_fox

This is correct. When you haven't made income, there's no need to file a return.

[MargotDarko 0]

As far as taxes go, living abroad does not exempt you from filing. My husband had to file late returns when we found out about this nifty regulation (we both lived in Canada when we did DCF) -- although I have heard from folks who submit a letter like the one you mentioned. I guess you can do both - but I am sure someone else with more accurate information will respond

You're right that living abroad doesn't exempt a USC from filing, but it's still the same rules as living in the US - ie, if you haven't made above a certain threshold (which I can never remember, something like $4,000), you don't have to file a return.

[Valli 0]

If I could hug you all, I would. Thanks everyone.

[Sassy1natl 0]

If you do not have any income at all, you are not required to file. The minimum for an individual (depending on your age is roughly $8500- not exact).

If it were me, I would go to the tax preparer that you (or your father) ordinarily would use and let them type up a letter and have it notarized at the same time. Just a little more official.

Good luck!!

[Penguin_ie 5,985]

As the others said, no need to file if you have no income, my husband has the same issue as he never found work here in Ireland. Here is the letter we are using:

To Whom It May Concern:

I am M Penguin, Penguin's husband and petitioning sponsor. I did not file an income tax return for the years 2005, 2006 or 2007 because I have not worked during my 3 year residence within the Republic of Ireland. Once I came to Ireland, I was unable to find work and so used savings; I was maintained by my wife upon her income and savings. Since I made no income for these years of any type, I was not required to file an income tax return with the Internal Revenue Service.

Sincerely, Mr Penguin.

[Valli 0]

Thanks, Penguin. I was actually wondering just how I should word my letter because I wasn't satisfied at all with what I have, I needed a good template.

[Penguin_ie 5,985]

Had my interview today and can confirm that the above letter works

[Valli 0]

Wonderful! Thank you so much!

[beccainturkey 0]

Wonderful! Thank you so much!

Hi Valli,

I'm doing DCF in Ankara, Turkey. I've lived in Turkey for 4 years and haven't worked, so, therefore, have not (needed) to file taxes.

On the US Embassy website for Turkey it said that if I had not filed taxes for the last 3 taxible years that I needed to prepare a statement. I prepared a letter like so:

Date

To whom it may concern/Dear Madam or Sir of Immigrations, etc:

I, xxxx, hereby verify that I have not filed taxes for the year(s) 2005, 2006 and 2007 because I have been unemployed abroad. Attached you will find my I-864 along with my father xxxxxxx's I-864 form, W2 and 1040 forms for the last taxible year.

Sincerely,

XXXXXX

I-130 Petitioner for Beneficiary XXXXXXX

Hope this helps!