I130 and affidavit support confusion

[BrianVan 0]

Hi all..Im new here and in desperate help..Im going through the process of bringing my wife and kids from the Philippines to NY. Heres the deal..I have been working as a freelance English teacher in South Korea for 8 years now and havent had to file taxes here in Korea..I visit kids at there house and help them with reading..I want to file the I130 but am worried because I havent worked in the states for 8 years..I have supported my family in the Philippines for the last 8 years. My mom and dad agreed to file the affidavit of support for them..Do I have to file taxes? If I do what should I file under? Tax earned credit? How much should I file for? Does it have to be 125% over the poverty line or does my dad have to have that because hes signing the support affidavit? Thanks for giving me a hand..

[Anh map 2,098]

You do have to file returns for the last 3 years. You would file for the Foreign Earned Income Exclusion. See this page on the IRS website ->> http://www.irs.gov/newsroom/article/0,,id=108276,00.html

You must complete an I-864 as the primary sponsor regardless of your income level. Your co-sponsor would complete their own I-864 supplying all the needed documentation as well. If your parents income is combined, one would file the 864 the other the 864A.

[BrianVan 0]

You do have to file returns for the last 3 years. You would file for the Foreign Earned Income Exclusion. See this page on the IRS website ->> http://www.irs.gov/newsroom/article/0,,id=108276,00.html

Thanks for replying so fast. I thought that at first to but Im not sure if I qualify for that. I didnt work on any kind of contract also I cant file taxes here in korea. Also If I can file for the last 3 years does it matter how much I claim? Would it look bad if I only made like $15,000? Im worried if I claim too little then my wife wont get her visa. At the time of her interview Im worried that they will see that I didnt make enough to support them and they will decline her visa. Or will my tax returns that my father submits be the ones determining whether or not my wife and 3 kids can come? Thanks again.

[Anh map 2,098]

You have to send the returns to a Texas address I think.

I found out some more info regarding expat filers, not sure if it would apply in your case(but one would think so) as you aren't doing DCF. It seems that you may not need the IRS transcripts. Other DCF VJ'ers in the UK and Japan both mentioned that photocopies were accepted. Makes sense for folks that have been overseas for several years and may just not have realized that we are supposed to file regardless of where we live on the planet.

Now things are different in Manila ( kinda the same in Vietnam too), so I would advise checking with the embassy to be sure that the letter of the law isn't needed regarding the late tax filing.

You are using a co-sponsor so your income level doesn't matter. Still gotta do the I-864 as the primary sponsor. If you are now employed in the US include all the info (paystubs, employer letter, etc.) with your I-864.

[BrianVan 0]

I found out some more info regarding expat filers, not sure if it would apply in your case(but one would think so) as you aren't doing DCF

Let me start by thanking you again. Youre awesome! I have gotten a better idea on what needs to be done. I actually went to a CPA and he filed my taxes for the last 3 years under tax earned credit. He also claimed my kids on them so I would get more money back. I saw on the IRS site that if the kids havent lived with you for more than 6 months or more you cant claim them. Thats ####### that I fully support them 100% and still cant claim them. Im worried that my CPA doesnt know what hes doing. Why wouldnt he have filed under Foreign Earned Income Exclusion? Anyhow I didnt know that taxes needed to be filed and when I spoke to him he said nothing of a penalty for filing late. I hope that I can get this mess organized. Im still here in Korea and cant come back until America starts hiring again. Im not sure what DCF is..I think I can get the taxes done and have them sent to the Texas address you mentioned.

letter of the law isn't needed regarding the late tax filing.

See if I need a letter from the law? Maybe from the IRS on penalty for being late?

I wonder if you learned all of these things while going through the process of bringing your wife to the states?

[Anh map 2,098]

DCF (Direct Consular Filing) is when the USC spouse is a legal resident overseas. I believe that it appropriate when you both are residents of the same country. Not sure if it would work in your situation.

From the information that I've seen here on VJ there hasn't been any late filing penalties as the income amounts are below the exemption limit.

By "letter of the law" I meant that the I-864 states clearly that IRS generated transcrits are required as proof of late filing. However VJ membes have stated that photocopies of those late filed forms were accepted in their DCF cases.

Read this thread here on VJ for the references to Japan and UK and tax filings. http://www.visajourney.com/forums/index.php?showtopic=212874

I picked up a lot going through the steps from fiance visa, adjustment of status, and now removing conditions on the GC. It's turned into a hobby. Some people play golf, I read VJ. The Guides, Example Forms, and VJ members are great resources.

Not sure about the requirements regarding the kids. Perhaps you could post another question about that here on VJ and get feedback from anyone else in the same family situation.