I-864: Statement and/or Evidence re: Not Req. to File US Taxes

[ThailandMatthew 0]

Hello all. My name is Matthew and I am in the process of completing an I-864 petition form for my wife (Thai) Apple.

I am an English teacher here in Thailand, and have been for nearly 6 years. This means I make under US poverty level salary.

Even adding my wife's salary (a Thai-style pittance) we're under the $18,700 that I see in IRS documents is under the level

of 'must file'. The same document says everyone SHOULD file, but it clearly states that we don't HAVE TO.

The instructions for the I-864 state that the petitioner must include tax returns OR a statement and/or evidence describing

why you were not required to file. This is what I plan to do.

I have a co-sponsor, my father, who makes nearly half a million dollars a year and is submitting his own I-864 in support.

I'm simply looking for experiences/advice about my situation. Has anyone written this letter of explanation? What else did you

include as 'evidence'? Pay slips, letters from employers, IRS docs that highlight this exemption?

I really hope this works out.

Thanks in advance for any tips anyone might have. Especially pertaining to the letter.

Also: does the letter of explanation need to be notarized?

Cheers!

[YuAndDan 153]

Be aware, the interviewing officer can easily demand that you file a late return and attach this to the I-864.

It is just as easy to simply file past years returns late, there is no penalty.

You may be exempt from paying tax on foreign income but are not exempt from filing IRS returns each year.

Another much bigger issue facing you is proof of US domicile, this is a requirement of the I-864.

The Domicile issue is a common one for DCF filers, and needs to be addressed prior to the visa interview.

Domicile

Domicile is a complex concept and must be evaluated on a case by case basis. To qualify as a sponsor, a petitioner residing abroad must have a principal residence in the U.S. and intend to maintain it indefinitely. Lawful permanent resident (LPR) sponsors must show they are maintaining their LPR status.

Many U.S. citizens and lawful permanent residents reside outside the United States on a temporary basis. "Temporary" may cover an extended period of residence abroad. The sponsor living abroad must establish the following in order to be considered domiciled in the United States:

• He/she left the United States for a limited and not indefinite period of time,
• He/she intended to maintain a domicile in the United States, and
• He/she has evidence of continued ties to the United States.

How can a petitioner establish a domicile?

When a sponsor has clearly not maintained a domicile in the United States, he/she must re-establish a U.S. domicile to be a sponsor. The aspiring sponsor may take steps, including the examples given below, to show that the United States is his/her principal place of residence

• Find employment in the United States
• Secure a residence in the United States
• Register children in U.S. schools
• Relinquish residence abroad
• Other evidence of a U.S. residence

If the sponsor establishes U.S. domicile, it is not necessary for the sponsor to go to the United States before the sponsored family members. However, the sponsor must return to the United States to live before the sponsored immigrant may enter the United States. The sponsored immigrant must enter the U.S. with or after the sponsor.

http://travel.state....nfo_3183.html#3

Both primary sponsor and joint sponsor need to provide domicile evidence

Also if you failed to file IRS returns over the past years, you should late file them, they two are a requirement of the I-864. US citizens may be exempt from paying tax on foreign income however are not exempt from filing a return each year.

I-864 instructions:

The instructions say:

If you were required to file a federal tax return during any of the previous three tax years but did not do so, you must file any and all late returns with the IRS and attach an IRS generated tax return transcript documenting your late filing before submitting the I-864 affidavit of support.

Can get prior returns here:

http://www.irs.gov/a...bmitSearch=Find

Transcripts:

http://www.irs.gov/t....html?portlet=1

[ThailandMatthew 0]

Wow, that was fast. Thank you very much, YuandDan, for your informative and thorough reply! Just looking over it now...and it doesn't look good!

So, you're saying I really should go ahead and do all my back taxes? I'll need to find help with that. I'm literally clueless when it comes to taxes.

Damn, this is NOT good news. This will require expense and probably a good deal of time, right?

So, take this scenario: I find a tax-man, get returns done for 2005-2010, and submit those copies in the petition.

Do I have to wait until I send them in and they're all processed, etc. or just include copies of what we filled-out in the petition?

Also, we've been married nearly two years. We got married here in Thailand.

I'm assuming I need to file as 'married' for the time I've been married. It says she needs a 'tax number' or something.

Will that take a long time? Again, clueless about tax. Now these questions might go into completely different territory...thanks again for your help!

Oh my.....

[JD63 4]

I'd double check and make sure they accept co-sponsors for the I-864, I know they don't usually accept them for I-134 for K visas.

Edited February 23, 2011 by JD63

[YuAndDan 153]

I'd double check and make sure they accept co-sponsors for the I-864, I know they don't usually accept them for I-134 for K visas.

I-864 Joint sponsor is accepted at all consulates, this is because I-864 allows for joint sponsors.

I-134 technically is a solo sponsor document and has no provision for joint sponsors, so yes some consulates get strict about this and dont allow for a co sponsor when using I-134 when sponsoring a K-Visa.

[ThailandMatthew 0]

I actually have a lawyer for this visa application but he's not much help on this issue with the taxes.

------

So...it's the general consensus here that waiting until later (after getting back, if we get back) to do these back taxes

is almost surely going to stop this application dead in its tracks?

Just want to make sure that's not in question so I can get started on working out these taxes.

First I'll download TurboTax, if it seems like as much gibberish and everything else I'll need to hire a tax person.

Edited February 24, 2011 by ThailandMatthew

[ThailandMatthew 0]

Another much bigger issue facing you is proof of US domicile, this is a requirement of the I-864.

The Domicile issue is a common one for DCF filers, and needs to be addressed prior to the visa interview.

http://travel.state....nfo_3183.html#3

Both primary sponsor and joint sponsor need to provide domicile evidence

We will be moving back into my father's house in Cambridge, Mass.

The lawyer hasn't said anything about proving 'Domicile' and how difficult it might be. Could you expand on this a bit?

----

Thank you to everyone! This advice and info has been incredible so far! Amazing stuff.

[ThailandMatthew 0]

The SS # / ITN number.

A lawyer told me I should just put "NRA" for Non-Resident Alien on there.

Would that work?

[ThailandMatthew 0]

Now another lawyer is saying I should file as 'married filing separately' and enter NRA in the SS # area.

[JD63 4]

Have you been married during the years you are now filing for? I think that would be the key question if so, I would file as separate.

[ThailandMatthew 0]

Yeah, now I think I should do 'married filing separately'..for those years we've been married.

QUESTION:

This might sound like a stupid question, but: the I-846 requires copies of these returns, right?

Nothing from the IRS, no receipt or anything, just copies of the forms you fill out?

No verification they've been sent in, received by the IRS, etc..?

[Ning 619]

Yeah, now I think I should do 'married filing separately'..for those years we've been married.

QUESTION:

This might sound like a stupid question, but: the I-846 requires copies of these returns, right?

Nothing from the IRS, no receipt or anything, just copies of the forms you fill out?

No verification they've been sent in, received by the IRS, etc..?

IRS transcripits are required. Obtain them by fax or mail from the IRS by contacting them on line or by phone. Mail takes about 2 weeks. They are free. Of course this means you have to have filed first with time for processing.

[ThailandMatthew 0]

Ok. Hmm..my lawyer didn't say anything about that!!!

Is that always the case?

[ThailandMatthew 0]

What I'd really like to do is write a letter explaining why I didn't file (I don't make enough for it to be required, right!?!?!). Since support clearly rests on the strength of my rich co-sponsor, would such an approach necessarily be so bad?

It says that it's possible in the instructions, doesn't it?

[Ning 619]

Ok. Hmm..my lawyer didn't say anything about that!!!

Is that always the case?

Copies of forms prove you filled out forms. Copies of transcripts prove you filed with the IRS.