Tax returns and income information on I-864

[chippy 0]

Hello everyone,

Just reading through the I-864 to make sure I have all the info required and in section 6 and 7 it starts to question around income and savings and tax returns etc. Now here is the confusing part, both myself and my wife (the petitioner) are employed in Ireland at present and have quite a good amount in savings but I am unsure what information to submit and on which parts. Does anybody know if I put our current employment and salaries in section 6 and convert the salary value from € to $? And leading on from that the latter part of section 6 (Q25) requires Federal Tax Return information that relates to present employment, that's if I understand it correctly. But as my wife has been living in Ireland for the last 5 years she has had no tax returns to file and so I don't know what to enter in this section?

Any help would be greatly appreciated.

Thanks

[LeftCoastLady 441]

Hello everyone,

Just reading through the I-864 to make sure I have all the info required and in section 6 and 7 it starts to question around income and savings and tax returns etc. Now here is the confusing part, both myself and my wife (the petitioner) are employed in Ireland at present and have quite a good amount in savings but I am unsure what information to submit and on which parts. Does anybody know if I put our current employment and salaries in section 6 and convert the salary value from € to $? And leading on from that the latter part of section 6 (Q25) requires Federal Tax Return information that relates to present employment, that's if I understand it correctly. But as my wife has been living in Ireland for the last 5 years she has had no tax returns to file and so I don't know what to enter in this section?

Any help would be greatly appreciated.

Thanks

You say wife, but have K-1 listed as the visa type. The K-1 is for fiancé(e)s. If you're already married, you should post your question -- or ask to have this post moved -- in the CR-1/IR-1 forum.

[chippy 0]

You say wife, but have K-1 listed as the visa type. The K-1 is for fiancé(e)s. If you're already married, you should post your question -- or ask to have this post moved -- in the CR-1/IR-1 forum.

Ok, I will move this over. I get a bit confused with all the different codes etc. We got married in august so i suppose it's now CR-1/IR-1. cheers for the info.

[Anh map 2,098]

Hello everyone,

Just reading through the I-864 to make sure I have all the info required and in section 6 and 7 it starts to question around income and savings and tax returns etc. Now here is the confusing part, both myself and my wife (the petitioner) are employed in Ireland at present and have quite a good amount in savings but I am unsure what information to submit and on which parts. Does anybody know if I put our current employment and salaries in section 6 and convert the salary value from € to $? And leading on from that the latter part of section 6 (Q25) requires Federal Tax Return information that relates to present employment, that's if I understand it correctly. But as my wife has been living in Ireland for the last 5 years she has had no tax returns to file and so I don't know what to enter in this section?

Any help would be greatly appreciated.

Thanks

US citizens are required to file tax returns on worldwide income. So she may have to get the past 3 years filed (depending on income levels those years) before you get started. There are foreign income exclusions to prevent double taxation. But filing is required. See the irs.gov website to determine if she was required to file.

*Moved from K1 forum to IR1/CR1 forum*

[Anh map 2,098]

One of the moderators (Penguin) can give you first hand experience with the entire process coming from Ireland. I'm sure she will be by shortly.

[jaycali 415]

Ok, I will move this over. I get a bit confused with all the different codes etc. We got married in august so i suppose it's now CR-1/IR-1. cheers for the info.

This is a very important distinction to make. What did you originally file for, I-129f for a K-1 visa, or I-130 for a CR-1 visa?

If you originally filed an I-129f for a K-1 visa, you will be denied at the interview. It doesn't automatically transfer" into a CR-1 if/when you get married..

If you originally filed I-130 for a CR-1, no worries

[bsd058 296]

US citizens are required to file tax returns on worldwide income. So she may have to get the past 3 years filed (depending on income levels those years) before you get started. There are foreign income exclusions to prevent double taxation. But filing is required. See the irs.gov website to determine if she was required to file.

*Moved from K1 forum to IR1/CR1 forum*

This is true except in cases where the USC didn't receive any income from any source in the tax year. If the USC didn't receive income in a tax year, they are not legally required to file for that year, but they are required to keep evidence on record that they did not receive income and they can submit the reason for no tax return to USCIS (ex. proof of address where they resided along with proof that she was not allowed to work, or other things like this). I had called the IRS multiple times on this while my wife was waiting for her Canadian Permanent Residence to go through. They let us know that she was not required to file if no income was earned at all for that year. That being said, if she earned even a dollar's worth of income, even if she doesn't have to pay anything, she still has to report it for treaty purposes.

[chippy 0]

This is a very important distinction to make. What did you originally file for, I-129f for a K-1 visa, or I-130 for a CR-1 visa?

If you originally filed an I-129f for a K-1 visa, you will be denied at the interview. It doesn't automatically transfer" into a CR-1 if/when you get married..

If you originally filed I-130 for a CR-1, no worries

Thanks for the heads up.

We filed for CR-1 (spouse) I just got confused with the K-1 thing. We filed the I-130 back in Feb 2012 and we are up to the stage I mentioned above.

Phew .... I always get confused around the codes and form numbers. Not a cool thing when speaking to people who understand the processes.

[chippy 0]

This is true except in cases where the USC didn't receive any income from any source in the tax year. If the USC didn't receive income in a tax year, they are not legally required to file for that year, but they are required to keep evidence on record that they did not receive income and they can submit the reason for no tax return to USCIS (ex. proof of address where they resided along with proof that she was not allowed to work, or other things like this). I had called the IRS multiple times on this while my wife was waiting for her Canadian Permanent Residence to go through. They let us know that she was not required to file if no income was earned at all for that year. That being said, if she earned even a dollar's worth of income, even if she doesn't have to pay anything, she still has to report it for treaty purposes.

Ok, so as I now understand it. As she has been working AND earning a living in Ireland for the past 4 years, she now needs to fill in and submit tax returns to the IRS for these years.

I'm imagining this is still the case with someone who has dual citizenship?

Thanks for all the help up to now BTW. I really would be lost without this Site / Forum.

[bsd058 296]

Ok, so as I now understand it. As she has been working AND earning a living in Ireland for the past 4 years, she now needs to fill in and submit tax returns to the IRS for these years.

I'm imagining this is still the case with someone who has dual citizenship?

Thanks for all the help up to now BTW. I really would be lost without this Site / Forum.

Ya, but I wouldn't worry. Usually the tax treaties between countries allow for up to $90,000 USD worth of money made without any double taxation. Go to an accountant with all of your forms and I'm sure they will be able to fix this for you and submit all of your tax forms to the IRS. Usually USCs in foreign lands end up paying nothing at all to the US government. They just have to file.

Whether she is working or not is irrelevant. If she receives income, she must report it. This could include investment income or rental income, too.

Edited June 7, 2012 by bsd058

[bsd058 296]

deleted post...I'm not sure why I double posted. I tried editing and it replied instead.

Edited June 7, 2012 by bsd058

[Penguin_ie 6,000]

Hi,

we were in a similar situation to yourself, but we went through Dublin- by your flag I think you are in Northern Ireland and will interview in London? Dublin is a very easy going embassy, hey even let us use our new home in the USA as assets, even though primary homes are often not allowed.

As was already mentioned, you need to back file taxes for at least three years- not a difficult thing, just some paperwork, and there won't be any taxes to PAY, you just need to file.

You can list your assets and if you have at least x3 the poverty level for your household, you can sponsor on assets with no income (as you have no US based income) and no co-sponsor.

[chippy 0]

Hi,

we were in a similar situation to yourself, but we went through Dublin- by your flag I think you are in Northern Ireland and will interview in London? Dublin is a very easy going embassy, hey even let us use our new home in the USA as assets, even though primary homes are often not allowed.

As was already mentioned, you need to back file taxes for at least three years- not a difficult thing, just some paperwork, and there won't be any taxes to PAY, you just need to file.

You can list your assets and if you have at least x3 the poverty level for your household, you can sponsor on assets with no income (as you have no US based income) and no co-sponsor.

Hi Penguin,

Thanks for the post, I'm living in Dublin but the flag is there as I am from England. Anyhoo, the dublin embassy are easy going alright but everytime I speak to them they just direct me to the website as the visa processing office was removed and so the lockbox is the way to go as of August 15th 2011, as i'm sure you know. I will look at the IRS website as mentioned in a post above. Man this thing can be mighty confusing at times.

[Anh map 2,098]

Hi Penguin,

Thanks for the post, I'm living in Dublin but the flag is there as I am from England. Anyhoo, the dublin embassy are easy going alright but everytime I speak to them they just direct me to the website as the visa processing office was removed and so the lockbox is the way to go as of August 15th 2011, as i'm sure you know. I will look at the IRS website as mentioned in a post above. Man this thing can be mighty confusing at times.

Check the Link to I-864 FAQ in my signature below. That may have some helpful information as well.

[Penguin_ie 6,000]

Ah yeah, they are difficult to get a hold of alright- and the premium line is useless- but once you get to interview, you should be fine.

Well, other than doing the while interview through a glass window in full view and hearing range of everyone else in the waitingroom...