I-134 tax returns

[cookie y cookie 1]

Ok...I'm freaking out pretty badly right now so I hope someone can help me. First of all, I know this is my fault and accept my responsibility so please, I don't need anyone to make me feel worse by stating the obvious.

I've been trying to be proactive and gather as much information in advance as I can for when our NOA2 comes through (was hoping it would be soon but now not so much!). I've seen in most of the posts here that it's a good idea to at least provide the previous years tax return--sometimes three previous years. This whole time I was thinking I'd be able to provide returns from 2012 but now I've just realized...if we get our NOA2 before April filing, I'll have to provide returns for 2011...and I don't have one! I was living in Argentina for 18 months and honestly did not think I would have to file taxes while out of the country.

I feel horrible now because not only could this jeopardize our petition, but I'm genuinely scared about what the IRS will have to say. I have no documentation of my earnings for that year. I came to Argentina first to study. I decided to extend my stay a few months and after meeting my fiance I ended up staying for a whole year and a few months. I was teaching freelance English classes and earning pesos--I do not think I earned enough to be considered "taxable"--at least not in dollars, so I didn't even think of filing (not to mention the fact that I truly did not think I would be responsible while I was away..not sure what I was thinking now ).

Now of course I regret it and know I have to take care of this but my question is...has anyone else been in this situation? Does anyone know if I can file as self-employed and if so, what documentation I would be expected to provide (note: I don't really have any "official" documentation of anything ). Also, if we receive our NOA2 before I can file my 2012 taxes...how essential is it to provide tax returns? Will they not approve us even if I provide my bank statements, letter from employer and W2s? I'm so depressed right now...

Edited February 6, 2013 by Randhal

[SarahBear 4]

Hi! You're not the first person in the history of the USA who lived abroad for a while and didn't file income taxes while you were away. It happens to lots of people.

You only have to pay anything to Uncle Sam if you make in excess of around 90K a year when living abroad. It doesn't sound like you were making much money at all anyway so I have my doubts that the IRS is going to hassle you about this.

If I were you, I would go ahead and file returns for the years you didn't file before, like today. If you're a super honest person (like myself) I would send a letter explaining that you were making a little money tutoring students to help fund your living expenses while you were in school and that you didn't think about filing income taxes for this before, and that you're sorry and you understand that you'll have to always file taxes going forward. You can write up some receipts for tutoring with the amounts you charged and send them in to the IRS. Some people probably wouldn't even bother with all of that and would just file taxes stating no income for the years you didn't file. Personally, I would declare the income, but that's just me.

As for the stuff about filing as self employed, I'm not sure about that but there are lots of tools online that can help you file a federal return for free. H&R Block online let me file my 2011 and 2012 federal returns for free.

Make copies of those returns and hang on to those for when you get your NOA2. From the immigration standpoint, and the tax standpoint, you really should be fine. Cheer up, everything will work out.

[kari81 18]

You can also file 1040x, amended tax returns if you want

Ok...I'm freaking out pretty badly right now so I hope someone can help me. First of all, I know this is my fault and accept my responsibility so please, I don't need anyone to make me feel worse by stating the obvious.

I've been trying to be proactive and gather as much information in advance as I can for when our NOA2 comes through (was hoping it would be soon but now not so much!). I've seen in most of the posts here that it's a good idea to at least provide the previous years tax return--sometimes three previous years. This whole time I was thinking I'd be able to provide returns from 2012 but now I've just realized...if we get our NOA2 before April filing, I'll have to provide returns for 2011...and I don't have one! I was living in Argentina for 18 months and honestly did not think I would have to file taxes while out of the country.

I feel horrible now because not only could this jeopardize our petition, but I'm genuinely scared about what the IRS will have to say. I have no documentation of my earnings for that year. I came to Argentina first to study. I decided to extend my stay a few months and after meeting my fiance I ended up staying for a whole year and a few months. I was teaching freelance English classes and earning pesos--I do not think I earned enough to be considered "taxable"--at least not in dollars, so I didn't even think of filing (not to mention the fact that I truly did not think I would be responsible while I was away..not sure what I was thinking now ).

Now of course I regret it and know I have to take care of this but my question is...has anyone else been in this situation? Does anyone know if I can file as self-employed and if so, what documentation I would be expected to provide (note: I don't really have any "official" documentation of anything ). Also, if we receive our NOA2 before I can file my 2012 taxes...how essential is it to provide tax returns? Will they not approve us even if I provide my bank statements, letter from employer and W2s? I'm so depressed right now...

[cookie y cookie 1]

Ok thanks for the advice! I think I will file online and hope for the best. I feel a little better now but it was a bit of a shock. It was the last thing I was expecting in this process. I guess it's better that I learned now instead of later

[mtcmk1 37]

another thing you can do, is request tax return transcripts (for free) from the IRS for the years you did file and request a Proof of No-filling for 2011 (also free). That's if you don't have the time to file as suggested by the other users. If you have a job right now and are making enough to sponsor your fiance, you will be fine if you provide: pay stubs, letters from your employee stating your position and full-time status, and a letter from the bank. But if you don't make enough, you might need a co-sponsor anyway.

That's exactly what I did for packet 3.5 for my embassy and I received the interview date. I wrote them and asked if my affidavit was complete and they told me that everything was fine. Maybe today, write or call the embassy and ask them for some suggestions of what you could do.

PS--I requested tax return transcripts for 2009, 2010, and No-Filling proof for 2011.

Edited February 6, 2013 by mtcmk1

[cookie y cookie 1]

another thing you can do, is request tax return transcripts (for free) from the IRS for the years you did file and request a Proof of No-filling for 2011 (also free). That's if you don't have the time to file as suggested by the other users. If you have a job right now and are making enough to sponsor your fiance, you will be fine if you provide: pay stubs, letters from your employee stating your position and full-time status, and a letter from the bank. But if you don't make enough, you might need a co-sponsor anyway.

That's exactly what I did for packet 3.5 for my embassy and I received the interview date. I wrote them and asked if my affidavit was complete and they told me that everything was fine. Maybe today, write or call the embassy and ask them for some suggestions of what you could do.

PS--I requested tax return transcripts for 2009, 2010, and No-Filling proof for 2011.

Wow...ok. Thanks for telling me about this option. I think I will file anyway just in case. As you can see I'm a bit paranoid about this and just want to make sure I don't set myself up for any future problems. Thanks everyone for your responses!

[Villanelle 4,122]

Im not going to address the above posts. There is no whats morally right or wrong. There is no- being super honest when it comes to dealing with the IRS. Theres reporting your earnings or committing tax fraud. Youre either exempt from filing a tax return for a tax year or youre not. Thats it.

You filed a K1 petition. If your fiance has an interview after April 2013 they will review your 134 aff of support and want to see your tax return for 2012 as well as proof of your current income for 2013. If their interview is before April 2013 they will want to see your taxes for 2011 as well as current income.

When it comes time to adjust your fiances status (file AOS) once they are in the US, you will have to file the 864. You need to check off a box that states, if you filed a federal tax return for the last 3 years. You would be filling out this form in 2013. So the years would be 2012 2011 2010 . If you did not you would have to check no and send a letter stating why you were exempt from filing. You can not lie and claim to be exempt if you were not legally exempt. If you were not exempt you need to go back and file your late returns. (you then check you did file and attach the returns) If you are exempt, its not a big deal, you check the box and send your letter.

(I strongly suggest you check if you are exempt from filing for the year you failed to file and decide how to proceed from there. It is not 90k exempts you from filing but rather in certain circumstances you wouldnt have a tax liability. Theres a difference.)