IR1 / 125% Poverty

[Norseman 0]

We are going to filing our IR1 Visa in Manila come May. However as I get prepared for this. Thanks for the great info on the site. My question evolves around the 125% above the poverty level. We will have been married for 2 years. I have lived in the Philippines the entire time on my Military Retirement. That amount is less then the 125%. Additionally the amount VA takes out makes this lower.

Lastly. Tax returns. The wife does not have a TIN or SSN. So I have not filed taxes for the year 2010. Should I file those taxes? We also have a child born this tax return year that will be added to the tax returns.

Any advice in these issues would be most appreciated.

Thanks

Tim

[LBeachey 44]

Lastly. Tax returns. The wife does not have a TIN or SSN. So I have not filed taxes for the year 2010. Should I file those taxes? We also have a child born this tax return year that will be added to the tax returns.

You are going to need to file your taxes since it is an obligation as a US citizen. You have to include any foreign income but usually you are able to exclude it. You will have to file a W-7 and mail your tax return to the address in the W-7 instructions (If I remember correctly it is in Texas). You need a notarized copy of your wife's passport which you should be able to do at the US consulate. She has to accompany you to have it notarized, if she can not accompany you, they will do something similar to a notarization that works just as well.

If you file 2010 soon, you should be able to get the ITIN for your 2011 taxes since as an American living abroad you get an automatic extension to I believe June 15. You won't need your tax returns to at least the NVC stage (or interview if you can DCF) so you should have them in time.

[Norseman 0]

Thank You

You are going to need to file your taxes since it is an obligation as a US citizen. You have to include any foreign income but usually you are able to exclude it. You will have to file a W-7 and mail your tax return to the address in the W-7 instructions (If I remember correctly it is in Texas). You need a notarized copy of your wife's passport which you should be able to do at the US consulate. She has to accompany you to have it notarized, if she can not accompany you, they will do something similar to a notarization that works just as well.

If you file 2010 soon, you should be able to get the ITIN for your 2011 taxes since as an American living abroad you get an automatic extension to I believe June 15. You won't need your tax returns to at least the NVC stage (or interview if you can DCF) so you should have them in time.

1

[Norseman 0]

I have continued you my reading. From what I understand I can get an exemption to this requirement because I have worked more then 40 credit quarters of work. 20 years in the Military will give me that exemption. Is this correct in my thinking.

Got this wrong it is for the spouse.

Edited November 27, 2011 by Norseman

[LBeachey 44]

As far as I know there is no exemption to the 125% poverty limit for a veteran. You really have two possibilities.

If you have assets in the US, they may be sufficient to make up for the lack of your retirement income. Study the I-864 instructions if you think you might be able to make up for the difference that way.

However, if you have a friend or relative (it can be any USC or LPR) who is willing to co-sponsor your wife, you are good. Also keep in mind the co-sponsor needs to make the minimum for their household size plus your wife.

Also your household size will be three once your wife has the baby assuming you don't have any other underage children or others you are supporting.

[Norseman 0]

In some ways that is the most stupid policy. I make just a few thousand dollars below the poverty guide line. Working 3 hours a week I would be above it at Min wage. Since I am living overseas with my spouse and child I do not have that job. Since I have not filed taxes for two years there are other options at my disposal then.

[Norseman 0]

Is that a combined income with a sponsor and you or just there income? As that would make a difference.

[sheeshkabelle 153]

The cosponsor would have to make 125% above poverty level for their household size plus your wife. So if it was your brother, his wife, their 2 kids and your wife, the house hold size would be five.

Once you use a cosponsor, your income doesn't really matter.

Foreign income only counts if the income will continue once you return to the US.

Since you are a veteran and you get retirement pay, do you also get a VA pension for a service connected disability? I ask because VA comp money is tax free, all you would have to submit is your award letter.

As other have told you, as a US citizen you have to file taxes. No ifs, ands or buts. The only way you get out of that obligation is if you officially renounce your US citizenship. If your foreign income is less than 90k a year, you are exempted from paying taxes on it.

[Norseman 0]

I fall below the min standard to file. The IRS Publication 501 states: Table 1.2010 Married Filing Jointly if your gross income is less then 18,700 you do not need to file a return. So no I was not breaking any laws or did anything illegal. With a VA waiver on my retirement I fall below the threshold. So not everyone has to file taxes.

I am filing IR2a visa because I have a child born here. I just will have to get a co sponsor. That is all.

Thanks all.

[Anh map 2,098]

I fall below the min standard to file. The IRS Publication 501 states: Table 1.2010 Married Filing Jointly if your gross income is less then 18,700 you do not need to file a return. So no I was not breaking any laws or did anything illegal. With a VA waiver on my retirement I fall below the threshold. So not everyone has to file taxes.

I am filing IR2a visa because I have a child born here. I just will have to get a co sponsor. That is all.

Thanks all.

Your child does not need a visa, it needs a US passport. Any child with a claim to US citizenship cannot be issued a visa. See this link from the US embassy Manila >>>> http://manila.usembassy.gov/service/citizenship.html

You will need to establish a US domicile along with securing a joint sponsor. These FAQ's maybe helpful to you. >>> http://travel.state.gov/visa/immigrants/info/info_3183.html

[Norseman 0]

thank you