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markordj

filing tax for overseas employee and joint sponsor

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I filed DCF and had my interview last week. Seems like everything is OK except for the i-864 i was told that my wife (sponsor) should attach her tax return for the past 3 years. Basically I don't know how to get this. During the interview, I attached a statement saying that she does not need to file tax because she make her income a foreign country and pay tax to a foreign government.

My USC wife holds Singapore Permanent Residency. She has been living here in Singapore for more than 5 years. She started working full time since March 08, previously she was in school. She paid her tax to the Singapore government and filed her tax return here too.

I have tried to e-file for her but so far unsuccessful, I believe because the previous adjusted gross income is not matching with the previous year return.

Although her income is above 125% of poverty line, i believe her income is not counted toward my sponsorship since she works for a local company and her employment will not continue after we move to the US.

I also have a co-sponsor, her uncle in Houston. I was told I need to provide additional documents. Letter from his employer confirming his employment, including dates of employment and salary; income tax returns for 2007 and 2006; most recent bank statement and a letter explaining why he is willing to fully support me after my arrival in the US.

I was told I can comeback once I have these documents.

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Filed: IR-1/CR-1 Visa Country: Vietnam
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She may not have to pay the US tax, but she most likely is required to file a US tax return.

Your wife is the one supplying the I-864. The statement would need to be from her, not you.

Correct, if her income will not continue in the US it will not be considered.

You will need the co-sponsor's 2008 tax return as well as a few recent paystubs. He completes an I-864 and supplies all the necessary documents.

The letter from the uncle is not needed. If the CO requested that letter, then ignore my previous sentence.


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

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She may not have to pay the US tax, but she most likely is required to file a US tax return.

Your wife is the one supplying the I-864. The statement would need to be from her, not you.

Correct, if her income will not continue in the US it will not be considered.

You will need the co-sponsor's 2008 tax return as well as a few recent paystubs. He completes an I-864 and supplies all the necessary documents.

The letter from the uncle is not needed. If the CO requested that letter, then ignore my previous sentence.

yes i meant the statement attached to my sponsor's (wife) i-864 that state that she didn't need to file federal tax was from her with her signature. But i guess they didn't accept it since they asked her to file for the past 3 years which she has never done.

my other sponsor, gave only 2008 tax return and the CO asked for 2007 and 2006. CO also asked for company letter and letter stating why he wants to sponsor me.

I'm still not sure how my wife can file her federal tax for the past 3 years from Singapore. Any inputs? she only worked full time since last year.

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Filed: Other Country: Denmark
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Not unusual to ask for 3 years of returns. And yes, as they stated, if she had any income, even foreign, you have to file a US return. It doesn't mean she has a tax liability in the Us, but still required to file. If there were years she had NO income whatsoever, then of course there is no return due for that year. Although, its best to file one anyways in this situation just showing 0 foreign income if there was no income.

You don't need to e-file. Just download the forms you need from www.irs.gov and paper file your return. All you need to provide to the embassy is a signed copy of the returns.

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Filed: Country: Iran
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I e-mailed the IRS and this is what they had to say:

Thank you for your inquiry in regards to filing income taxes from abroad. The “short answer” is that non receipt of income, or income below a filing level generally does not require you to file a tax return, unless special circumstances apply. One of these special circumstances is that you are self-employed and have net income of $400 or more. (Note: Special reasons for filing can be found in our Publication 17, Your Federal Income Tax)he basic rule for filing federal income tax returns is as follows; if you are a U.S. citizen your worldwide income generally is subject to U.S. income tax, regardless of where you are living (Note: See Internal Revenue Code (IRC) 6012, Regulation 1.1-1(B), Reg.1.6012-1(a)(1)). For this reason, U.S. citizen living in or outside the U.S. are required to file annual U.S. income tax returns and report their worldwide income if they meet the minimum income filing requirements for their filing status and age. Therefore, in order to determine the minimum requirement to file, you should review each year the Requirements to File tables and information located in Chapter 1, of Publication 54, Tax Guide for U.S. Citizens and Resident Aliens Abroad. However, if you are a dependent you must see the requirements in Publication 17. Additionally, if you are a self-employed worker for filing purposes, please also see Chapter 3 of Publication 54.

I'm just going to write a letter saying I wasn't required to file based on the above and hope that flies. If the embassy tells me I need to file then I will just have to file retroactively.

Edited by DieNörglerin

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Not unusual to ask for 3 years of returns. And yes, as they stated, if she had any income, even foreign, you have to file a US return. It doesn't mean she has a tax liability in the Us, but still required to file. If there were years she had NO income whatsoever, then of course there is no return due for that year. Although, its best to file one anyways in this situation just showing 0 foreign income if there was no income.

You don't need to e-file. Just download the forms you need from www.irs.gov and paper file your return. All you need to provide to the embassy is a signed copy of the returns.

if i mail paper file from singapore, will i get my return like a month after i send it?

btw, we tried taxact.com to e-file. my wife's income is below the maximum allowable exclusion of us$87,600. i answered their q&a, and it ended up saying she owes tax of about $1500. foreign income is her only source. is that possible?

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Filed: Country: Thailand
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our income is way below the exclusion - and we never had to pay any tax to the u.s. in 4 years.. Try turbo tax, You do it all online and dont have to pay until you are ready to print /file. At least see what they say to compare. The return in our case went into a my U.S. bank in about a month.

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Filed: Other Country: Denmark
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I e-mailed the IRS and this is what they had to say:

Thank you for your inquiry in regards to filing income taxes from abroad. The “short answer” is that non receipt of income, or income below a filing level generally does not require you to file a tax return, unless special circumstances apply. One of these special circumstances is that you are self-employed and have net income of $400 or more. (Note: Special reasons for filing can be found in our Publication 17, Your Federal Income Tax)he basic rule for filing federal income tax returns is as follows; if you are a U.S. citizen your worldwide income generally is subject to U.S. income tax, regardless of where you are living (Note: See Internal Revenue Code (IRC) 6012, Regulation 1.1-1(B), Reg.1.6012-1(a)(1)). For this reason, U.S. citizen living in or outside the U.S. are required to file annual U.S. income tax returns and report their worldwide income if they meet the minimum income filing requirements for their filing status and age. Therefore, in order to determine the minimum requirement to file, you should review each year the Requirements to File tables and information located in Chapter 1, of Publication 54, Tax Guide for U.S. Citizens and Resident Aliens Abroad. However, if you are a dependent you must see the requirements in Publication 17. Additionally, if you are a self-employed worker for filing purposes, please also see Chapter 3 of Publication 54.

I'm just going to write a letter saying I wasn't required to file based on the above and hope that flies. If the embassy tells me I need to file then I will just have to file retroactively.

Note that the minimum filing requirements means if you had income over 400, whether foreign or not. Minimum filing requirements does not mean you didn't owe taxes. If you had any income over the threshold, you must file.

Not unusual to ask for 3 years of returns. And yes, as they stated, if she had any income, even foreign, you have to file a US return. It doesn't mean she has a tax liability in the Us, but still required to file. If there were years she had NO income whatsoever, then of course there is no return due for that year. Although, its best to file one anyways in this situation just showing 0 foreign income if there was no income.

You don't need to e-file. Just download the forms you need from www.irs.gov and paper file your return. All you need to provide to the embassy is a signed copy of the returns.

if i mail paper file from singapore, will i get my return like a month after i send it?

btw, we tried taxact.com to e-file. my wife's income is below the maximum allowable exclusion of us$87,600. i answered their q&a, and it ended up saying she owes tax of about $1500. foreign income is her only source. is that possible?

You don't get back a copy of your return when you file it. All you need is your return showing your signature. So, when you prepare it and sign it, make a copy and send the original to the IRS, and give the copy to the embassy.

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