I-864 questions, us citizen living abroad never filed taxes

[RichR 0]

I've been searching the forum to not ask already answered questions but it seems my case is quite unique (hopefully someone can prove me wrong)

Here is some background information maybe this helps.

I'm a 42 year old US Citizen but moved to El Salvador when I was 5 and have never been back for more than a week or two (in a calendar year). I got married 12 years ago and I'm applying for the residency of my wife and citizenship of my 2 kids (they aren't automatically citizens b/c I would have had to live in the US for more than 2 years after the age of 12) We are planning on moving to the US as soon as possible.

I lost my job 3 years ago (prior to that I've paid taxes all my life in El Salvador to the SAL government)

Since I lost my job I've been making a living online. Because I didn't know how things were going to work out I didn't file taxes locally (SAL) or in the US (I've never filed anything to the IRS)

The application process was going pretty smoothly until I got packet #2 (or 3 not sure what it's called) but the letter says I have to send Form DS-230 to continue on to the interview.

Even though I don't have to send the I-864 yet it says we have it filled out for the interview.

My question is he following.

Since I've NEVER filed taxes with the IRS (yes, never but I'm in the process of filing them (that's a whole different story)) the letter I got says "If you are the sponsor and don't have your tax returns you must present a copy of the law that excludes you from filing a tax return OR a signed letter explaining why you haven't paid your taxes"

I do have bank statements that prove I make enough money to support my family but I lack the returns. I don't know what such letter could explain "I didn't know" or "I forgot" sound a bit stupid but could I write such a letter? Would it be enough?

Would it just be easier to have a relative as joint-sponsor and say I haven't had a job for the past 3 years? (I do get my money in a US bank account, I'm worried they could trace that)

So... that's my current situation, I haven't sent back the DS-230 because I don't want to get an interview date and screw it up because I don't have the appropriate information in the I-864

Any suggestions will be greatly appreciated.

Thanks a lot for reading this long post

Rich

[Anh map 2,098]

File the returns for the last 3 year (08, 09, 2010). That gets you into compliance. If your income was below the threshold to file in any of those years then attach a letter stating that your income was below the required amount.

A letter claiming ignorance of the law will not be adequate.

Here are a couple of links that may be helpful to you: Preparing the I-864 I-864 FAQ

Edited April 28, 2011 by Anh map

[Ready to do it 101]

How much did you make in the last 3 years? Filing your taxes for the last 3 years isn't going to help if you didn't make enough... so you need to answer that question first. If you made enough, then that is an option. If you did not make enough then getting a sponsor sounds like the best option.

You state you have bank statements to show you have enough to support your family. Someone can probably answer this better than I, but when you are trying to qualify based on assets you will need to show that you have 3 (or maybe it's 5) times the amount you would have needed to make per year. Family of 5... I think that is roughly $25k-$30k (without looking it up). Do you have bank statements that show you have minimum $75k in the bank (if it's in fact the 3X rule)? If not, again... I think sponsor sounds like the best option.

Ultimately, we should answer the question and not wonder why you did not pay taxes. Do you really want to even open up that can of worms with a govt entity? I'd get a co-sponsor and then get some legal advice regarding all the back taxes. JMO

I've been searching the forum to not ask already answered questions but it seems my case is quite unique (hopefully someone can prove me wrong)

Here is some background information maybe this helps.

I'm a 42 year old US Citizen but moved to El Salvador when I was 5 and have never been back for more than a week or two (in a calendar year). I got married 12 years ago and I'm applying for the residency of my wife and citizenship of my 2 kids (they aren't automatically citizens b/c I would have had to live in the US for more than 2 years after the age of 12) We are planning on moving to the US as soon as possible.

I lost my job 3 years ago (prior to that I've paid taxes all my life in El Salvador to the SAL government)

Since I lost my job I've been making a living online. Because I didn't know how things were going to work out I didn't file taxes locally (SAL) or in the US (I've never filed anything to the IRS)

The application process was going pretty smoothly until I got packet #2 (or 3 not sure what it's called) but the letter says I have to send Form DS-230 to continue on to the interview.

Even though I don't have to send the I-864 yet it says we have it filled out for the interview.

My question is he following.

Since I've NEVER filed taxes with the IRS (yes, never but I'm in the process of filing them (that's a whole different story)) the letter I got says "If you are the sponsor and don't have your tax returns you must present a copy of the law that excludes you from filing a tax return OR a signed letter explaining why you haven't paid your taxes"

I do have bank statements that prove I make enough money to support my family but I lack the returns. I don't know what such letter could explain "I didn't know" or "I forgot" sound a bit stupid but could I write such a letter? Would it be enough?

Would it just be easier to have a relative as joint-sponsor and say I haven't had a job for the past 3 years? (I do get my money in a US bank account, I'm worried they could trace that)

So... that's my current situation, I haven't sent back the DS-230 because I don't want to get an interview date and screw it up because I don't have the appropriate information in the I-864

Any suggestions will be greatly appreciated.

Thanks a lot for reading this long post

Rich

[Anh map 2,098]

How much did you make in the last 3 years? Filing your taxes for the last 3 years isn't going to help if you didn't make enough... so you need to answer that question first. If you made enough, then that is an option. If you did not make enough then getting a sponsor sounds like the best option.

You state you have bank statements to show you have enough to support your family. Someone can probably answer this better than I, but when you are trying to qualify based on assets you will need to show that you have 3 (or maybe it's 5) times the amount you would have needed to make per year. Family of 5... I think that is roughly $25k-$30k (without looking it up). Do you have bank statements that show you have minimum $75k in the bank (if it's in fact the 3X rule)? If not, again... I think sponsor sounds like the best option.

Ultimately, we should answer the question and not wonder why you did not pay taxes. Do you really want to even open up that can of worms with a govt entity? I'd get a co-sponsor and then get some legal advice regarding all the back taxes. JMO

The I-864 specifically asks about tax returns for the 3 most recent years. So the OP needs address this issue.

Showing an income that would continue after returning to the US is a separate issue. Or if the OP has 3 times the required income amount in US based assets (5 times if the assets are located outside the US) then they ought to qualify. If that isn't possible then a joint sponsor would be needed.

[RichR 0]

Ok so it seems I definitely have to fix my taxes situation first.

I'm wondering if it's a good idea to go straight to the IRS or an expat tax advisory firm?

Do you know of a good tax firm?

Thanks a lot I really appreciate you all answering so quicly.

Rich

The I-864 specifically asks about tax returns for the 3 most recent years. So the OP needs address this issue.

Showing an income that would continue after returning to the US is a separate issue. Or if the OP has 3 times the required income amount in US based assets (5 times if the assets are located outside the US) then they ought to qualify. If that isn't possible then a joint sponsor would be needed.

[Anh map 2,098]

Give one of the online prep programs a try. HR Block, TurboTax, etc.

[mrskadz 0]

Hi there I seem to be in the same boat as you and like you have not found anyone else in my unique situation until now. I am a US Citizen, I obtained it through my Father as my Mother was a UK Citizen. When my parents split my mother brought us 4 children back to the UK to live with her and her UK family. My Father and US family still live in the US. I was 7 when this happened. So basically we grew up in the UK but ended up being dual nationality, I kept my American Passport up to date and visited the US every few years to see family. Once I turned 16 and started working, no one ever mentioned to me about paying US taxes, and none of us have ever done so up until now and I'm 28 now. I knew one day I would want to go back to America permanently to live with my father and brother and now I have a husband and child and my mother has now passed away I feel now is the perfect time so I am wondering what do I do about the taxes? I have seen the forms and have no idea what to do or how to file its all overwhelming.

I am wondering how you got on with your tax returns and if you got help? We are currently waiting for our petition to be approved and have yet to receive package no 2 with the I-864 in it but I've read all about it and am worried about this one set back and want to be ready for when it comes.

Any help would be great thanks. xx

[pushbrk 14,265]

Hi there I seem to be in the same boat as you and like you have not found anyone else in my unique situation until now. I am a US Citizen, I obtained it through my Father as my Mother was a UK Citizen. When my parents split my mother brought us 4 children back to the UK to live with her and her UK family. My Father and US family still live in the US. I was 7 when this happened. So basically we grew up in the UK but ended up being dual nationality, I kept my American Passport up to date and visited the US every few years to see family. Once I turned 16 and started working, no one ever mentioned to me about paying US taxes, and none of us have ever done so up until now and I'm 28 now. I knew one day I would want to go back to America permanently to live with my father and brother and now I have a husband and child and my mother has now passed away I feel now is the perfect time so I am wondering what do I do about the taxes? I have seen the forms and have no idea what to do or how to file its all overwhelming.

I am wondering how you got on with your tax returns and if you got help? We are currently waiting for our petition to be approved and have yet to receive package no 2 with the I-864 in it but I've read all about it and am worried about this one set back and want to be ready for when it comes.

Any help would be great thanks. xx

It's quite possible neither you or the OP will need to actually PAY any US taxes. What is needed is to file tax returns. $92,900 is the current foreign income exclusion. Google "foreign income exclusion" for more information.