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

[Ning 619]

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?

You could try this. If they deny the visa you would have to then supply the proper documentation before the visa would be issued. There have been members that had some tax issues & in those cases the visa was not issued until they cleared up the problem.

[ThailandMatthew 0]

^ Well, that does make perfect sense. Thanks for the responses.

[pushbrk 12,085]

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

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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.

I am NOT a part of that consensus. There is an income "filing threshold". If your income is below that amount you ARE NOT required to file a tax return no matter where you live. You can verify this by calling the IRS or going to www.irs.gov

On your own I-864 (as long as you're income is below threshold requiring you to FILE a tax return), simple print in the section asking for tax return information, "Not required to file for 2008, 2009 or 2010 due to income below IRS filing threshold." Not that your income is not going to continue in the USA from the same source so isn't going to count anyway. Your father as joint sponsor will carry the day. To avoid SOME of the privacy issues, I suggest your father provide tax return transcripts instead of his complete tax return, UNLESS he files a joint return. If he files a joint return, he should provide at least ONE complete tax return with all forms, schedules, W2 and 1099's.

[ThailandMatthew 0]

Thank you for the feedback, pushbrk. Thank you very much.

[ThailandMatthew 0]

My wife's interview is set for June 15th. I still have my options re: taxes in our file...

1) Follow pushbrk's advice, along with the letter explaining why I've not been paying taxes.

2) Follow my current track, which is to provide a few years worth of tax forms (filled out but never sent in)

1040 + 2555 - the latter showing 'foreign earned income' which is not taxable, so the 1040 says 'ZERO'.

Now I'm wondering if the former would be better.

[Anh map 2,098]

(At the interview) It's not as much about paying the tax as it is about complying with the requirement to file. A form filled out, but never filed does not meet the requirement. http://www.irs.gov/businesses/small/international/article/0,,id=97324,00.html

Did you make more than the required amount to file? It's a yes or no question. This section from the IRS website will help you answer the question for 2010 http://www.irs.gov/individuals/article/0,,id=96623,00.html or Publication 54 http://www.irs.gov/pub/irs-pdf/p54.pdf

Find publication 54 for 2009 and 2008 to see the required income amount for those years. http://www.irs.gov/app/picklist/list/priorFormPublication.html

[ThailandMatthew 0]

And if the answer is no, I should include what in our application? A simple letter of explanation, correct?

[Done--Really 331]

Here are the filing requirements for 2010--you can get the equivalent data for all the prior years by calling the IRS hot line

Filing status -- gross income threshold:

Single -- $9350

Married filing jointly -- $18700

Married filing separately -- $3650

There are other categories, but these are the only three that might apply to you. If you are above the level that applies to you, you MUST file or you will not be able to continue the immigration process.

[pushbrk 12,085]

And if the answer is no, I should include what in our application? A simple letter of explanation, correct?

From my earlier post....

On your own I-864 (as long as you're income is below threshold requiring you to FILE a tax return), simply (hand) print in the section asking for tax return information, "Not required to file for 2008, 2009 or 2010 due to income below IRS filing threshold."

That's what following my instructions would mean, right?

[ThailandMatthew 0]

^ Yes, yes. Thank you. Apologies if I come across as a bit dense, these things confound me like nothing else. Thanks!!!

OK. And I'm STILL confused. Basic facts:

I've been teaching in Thailand, for Thai schools, for 5 years. Making, on average, 15,000 US dollars a year. Paying Thai taxes.

We've been legally married just over TWO years.

I've not been filing US taxes during this time. I assumed that I didn't have to.

If the numbers are similar each year to the numbers above in Magical's post - I'd be under ONLY while married IF we filed 'jointly'.

But she's Thai. She doesn't file US taxes.

So....

Doesn't that look like I'm stuck filing then?

[ThailandMatthew 0]

Should I rush and file all my back taxes NOW so that they are at least 'in the mail' when she has her interview, and can show some evidence of this?

Are they going to ask about all this? Is it ALWAYS an issue in these applications?

Sorry to be an idiot, but this is really driving me nuts. Obviously as a US citizen I need to be responsible about taxes but I've been away for a while and

simply have not been thinking about this.

What a shame if it comes back to bite me here.

[Done--Really 331]

If you didn't meet the minimum income levels to be required to file, then you simply write a letter explaining that. It's really simpler than you are making it !!!

[ThailandMatthew 0]

But...the way I'm reading it...I actually DO meet the minimum requirements. I've been making 15,000 dollars a year while single,

and the same while married NOT filing jointly....

The way I see it, it's all foreign-earned income tax, so not taxable...

Can I write a letter explaining THIS?

[Done--Really 331]

Not taxable isn't quite right. You MUST file, and then you can claim a foreign income exemption--but you do have to file if you are over the threshold. US citizens are taxed on their worldwide income.

[ThailandMatthew 0]

Right. So I'm off to file electronically, if possible.