3 years of previous tax returns

[gusanddani 0]

i am going to apply for a cr1 visa for my husband since we've only been married a year, but along with my afadavit i have to have 3 years of tax returns, but i have lived in the dominican republic the whole year we've been married and i haven't filed taxes 3 years i've only filed 1 time. what do i do now? do i have to find someone to sponsor him?

[Inky 1,111]

File back taxes.

[Tim/Mav 305]

File back taxes.

Does a USC have to File Taxes while abroad? Living in another Country? Surely for the Petition they will need Proof of Income. But the USC is not in the States... I'd like to know too..

[foofurrah 4]

Does a USC have to File Taxes while abroad? Living in another Country? Surely for the Petition they will need Proof of Income. But the USC is not in the States... I'd like to know too..

Yes, as a US citizen or legal resident you have a legal obligation to file taxes, regardless of where you currently reside.

From the I-864 Instructions:

If you were required to file a Federal income tax return during any of the previous three tax years but did not do so, you must file any and all late returns with IRS and attach an IRS-generated tax return transcript documenting your late filing before submitting the I-864 Affidavit of Support. If you were not required to file a Federal income tax return under U.S. tax law because your income was too low, attach a written explanation. If you were not required to file a Federal income tax return under U.S. tax law for any other reason, attach a written explanation including evidence of the exemption and how you are subject to it. Residence outside of the United States does not exempt U.S. citizens or lawful permanent residents from filing a U.S. Federal income tax return. See "Filing Requirements" in the IRS Form 1040 Filing Instructions to determine whether you were required to file.

[gusanddani 0]

I have been here off and on for 3 years, permanently for 1 and i only worked officially for a year in the states i'm only 21 and the year i did work and received a w2 i filed my taxes. i think i would be exempt because i haven't made any money while here, my husband works but he is a Dominican citizen to that doesn't count right?

Yes, as a US citizen or legal resident you have a legal obligation to file taxes, regardless of where you currently reside.

From the I-864 Instructions:

If you were required to file a Federal income tax return during any of the previous three tax years but did not do so, you must file any and all late returns with IRS and attach an IRS-generated tax return transcript documenting your late filing before submitting the I-864 Affidavit of Support. If you were not required to file a Federal income tax return under U.S. tax law because your income was too low, attach a written explanation. If you were not required to file a Federal income tax return under U.S. tax law for any other reason, attach a written explanation including evidence of the exemption and how you are subject to it. Residence outside of the United States does not exempt U.S. citizens or lawful permanent residents from filing a U.S. Federal income tax return. See "Filing Requirements" in the IRS Form 1040 Filing Instructions to determine whether you were required to file.

could you please attach the link to the website you found that info at? i need to do more research. thanks!

[RFQ 110]

This is the exact letter that was sent to my husband and addresses your problem:

"Your wife should fill out the Affidavit of Support form (I-864) even if she has no income and did not file any tax returns. A statement indicating the reasons why she could not file any taxes should also be included with the I-864. An affidavit of support from a joint sponsor will be required with the most recent tax returns and proof on status.

You may also submit your proof of assets, however, all assets should be liquidated and funds transferred to the U.S. within a year.

Regards,

Consular Section

U.S. Embassy, Cairo"

[Inky 1,111]

Does a USC have to File Taxes while abroad? Living in another Country? Surely for the Petition they will need Proof of Income. But the USC is not in the States... I'd like to know too..

Yes required. Also - the IRS is actually going after US citizens living in Canada, even if they have never been to the USA ever... they are beating them pretty hard over never filing taxes when they are required to file them.

[perez525 8]

Its okay to live in another state. Even if you don't get a w2 or don't pay any taxes you still have to file...even as unemployed. You could have done so straight from DR like in turbo tax. Either way, you're defitenely gonna need a sponsor even if you did meet the income criteria because you need ATLEAST the last 3 year tax returns. Good luck with the process!

[VanessaTony 3,567]

As a US citizen you are required to file taxes on worldwide income. Here: http://www.irs.gov/businesses/small/international/article/0,,id=97324,00.html

If you didn't earn any income then you need only submit a letter explaining that you didn't earn any income and therefore weren't required to file taxes.

You said you've lived there for the last year so how are you expecting to prove that you earn more 125% of the poverty line requirements for your household? CURRENT income that is. Yes you'll need a co-sponsor if you don't earn at least that amount.

[foofurrah 4]

I have been here off and on for 3 years, permanently for 1 and i only worked officially for a year in the states i'm only 21 and the year i did work and received a w2 i filed my taxes. i think i would be exempt because i haven't made any money while here, my husband works but he is a Dominican citizen to that doesn't count right?

If your husband does not have legal permanent resident status in the US, then he does not need to file, and you do not need to report his income. You still need to file though, assuming you are not exempt (see the 1040 instructions). Residing or earning income abroad does not exempt you from filing. If your income was below the filing requirement, that would be a possible exemption. Note that filing and paying taxes are not necessarily the same thing.

could you please attach the link to the website you found that info at? i need to do more research. thanks!

It's from the I-864 instructions, available here: http://www.uscis.gov/files/form/i-864instr.pdf

[VanessaTony 3,567]

Its okay to live in another state. Even if you don't get a w2 or don't pay any taxes you still have to file...even as unemployed. You could have done so straight from DR like in turbo tax. Either way, you're defitenely gonna need a sponsor even if you did meet the income criteria because you need ATLEAST the last 3 year tax returns. Good luck with the process!

Incorrect. They only need a co-sponsor if the current income isn't sufficient. If she wasn't legally required to file taxes then they won't care as long as her CURRENT income is sufficient. Three years info IS required, but if you weren't required to file taxes you simply put "0" on the i-864 and write a letter explaining you didn't earn enough to file taxes.

[idalmi & luis 0]

i am going to apply for a cr1 visa for my husband since we've only been married a year, but along with my afadavit i have to have 3 years of tax returns, but i have lived in the dominican republic the whole year we've been married and i haven't filed taxes 3 years i've only filed 1 time. what do i do now? do i have to find someone to sponsor him?

yes you need to find a sponsor, since you don't have at least last year taxes..Good luck

[jaycali 415]

Incorrect. They only need a co-sponsor if the current income isn't sufficient. If she wasn't legally required to file taxes then they won't care as long as her CURRENT income is sufficient. Three years info IS required, but if you weren't required to file taxes you simply put "0" on the i-864 and write a letter explaining you didn't earn enough to file taxes.

I-864 says only one year required, 3 years optional.. At least as far as transcripts go.

[dreamwarrior 0]

I have filed for 2011 but not for 2010. I believe I filed $0 for 2009, and since I didn't make enough for 2010 I didn't bother filing $0 again. I live in Vietnam and for 2011 made enough to qualify. The money that I had saved previously was enough to sustain myself for 2009 and 2010.

Now, the I864 has a checkbox saying "I have filed tax returns for the past 3 years. Enclosed is my tax return for the most recent year". Since I only filed for 2 years, is it ok to check the checkbox? Underneath the box is where you fill out how much you made. I only planned on sending in my most recent tax return, but the form apparently wants you to have filed 3 tax returns, regardless of how many transcripts you send in. What do I do now?