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SweBro

Proof of exemptions for filing taxes

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Hi Ya'll!

I have an interview scheduled for next week, really looking forward to it!

The only thing I worry a bit about is the thing with tax filing, its my wife who petitions for me and we are using assets not income, my wife is not eligble for filing US taxes due to

1) the amount she has to make (she has no income)

2) the number of days she spends in Sweden (whole tax years)

The embassy is asking me to take with me proof that she is not eligble for tax filing in the US.

I've heard that it's enough to write a cover letter explaining why taxes has not been filed, and in this letter enter the rules from the IRS

( http://www.irs.gov/publications/p54/ch04.html#en_US_2010_publink100047398 ) figure 4A.

Whats your opinion in this matter?

Looking forward to your answer..


--------------------------

23/05/2011 - My wife filed i-130 at the US Embassy in Stockholm

1/06/2011 - Medical Exam, Chest X-ray

16/6/2011 - Sent in all documents to Embassy

20/6/2011 - Recieved letter from Embassy with Scheduled Interview

29/6/2011 - Interview - almost approved, had to send them one more paper

11/7/2011 - Recieved VISA paggage, not even 2 months total time :-)

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Filed: IR-1/CR-1 Visa Country: Sweden
Timeline

Hi Ya'll!

I have an interview scheduled for next week, really looking forward to it!

The only thing I worry a bit about is the thing with tax filing, its my wife who petitions for me and we are using assets not income, my wife is not eligble for filing US taxes due to

1) the amount she has to make (she has no income)

2) the number of days she spends in Sweden (whole tax years)

The embassy is asking me to take with me proof that she is not eligble for tax filing in the US.

I've heard that it's enough to write a cover letter explaining why taxes has not been filed, and in this letter enter the rules from the IRS

( http://www.irs.gov/publications/p54/ch04.html#en_US_2010_publink100047398 ) figure 4A.

Whats your opinion in this matter?

Looking forward to your answer..

I would print the page off the IRS website, and also bring photocopies of your wife's passport showing her entry/departure dates - seems like enough. Maybe call the embassy to confirm that residency rule...


IR-1/CR-1 Spouse CA Svc Ctr 2011 (82 days) Apr07: NOA1. Jun27: NOA2 text.
Delivery from USCIS to NVC (24 days) Jul21: CSC mailed it to NVC

NVC (43 days)
Jul25: "in the NVC bldg"---->Jul26: NVC Case#,IIN# (1 day in-house, 29 days since NOA2)

AOS i-864.....Jul28: bill rcv'd (2 days)& paid ---->Aug01: "paid"/mailed (4 days). Aug3: AOS in the bldg
Aug 11: phone rep "AOS RFE: 23/24a: no blanks" (pdf won't print n/a"). Fedex'd new copy (arrived Aug 12)
Aug 22: AOS approved

IV ds-230:
Jul26: send DS-3032 ----> Jul29: DS-3032 accepted (3 days)
Aug01: bill rcv'd (2 days)& paid ---->Aug02: "paid"/mailed (1 day)
Aug04:ds-230 delivered ---> Aug 12: "under review"
Aug 15: phone rep "RFE:ds-230 #30." (16th bdate left as "----") Fedex'd new copy (arrived Aug 16)
Aug 30: phone rep: "no military record." me: "it's there!" rep: "15 biz days starting today"
Sep 06: phone rep: "needs review. 15 MORE biz days" me: "no way" Supervisor asks Mgr "open file & verify it's complete since 8/16." 6 hours later: CASE CLOSED!

Consulate
Sep 13: INTERVIEW scheduled, email letter arrived
Sep 15: MEDICAL in Stockholm
Sep 23: Packet Left NVC -> Embassy
Oct 31: INTERVIEW 4-minutes and DONE. APPROVED. Visa is "in the mail"

Nov 27: arrival in USA

DIVORCE: final May 2015 - never whould have married without dating in-person for at least a year.

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Filed: Other Country: Australia
Timeline

Like you I just used assets and am a stay at home mom (in Australia) so what I did was print out the IRS publication which showed the income level to file for 2010. I then included my interest statement from my Australian joint bank account - which clearly showed that the interest I made was below the threshold to file. I the also included a cover letter stating that I have not worked since xxxx and was maintained by my husbands salary.

Keep in mind that any interest earned from any bank account including joint , foreign etc. Counts as inclome. The amount of time she spent overseas has NO bearing on whether she is required to file or not. All US citizens living abroad or in the US are required to file if they meet the income requirements. I have been lving in Australia for 7 years and always had to file. It didn't mean I owed taxes but had declare my income - foreign or not.

I used the December 31st CCY exchage rate to convert my AUD interest earned income - it came to under $1000 but I showed that in my I 864 as my income and also to demonstrate that it was below the required thashold to file which for 2010 is somewhere around ~$3400. ( shown on the IRS publication )

My husdnabd just had his interview on Tuesday and wasn't even asked about my taxes.

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