Another tax question - from someone whose never paid it.

[Kiwi74 0]

Hi all, this is my first post here to ask a question about sending in your US tax files when you are applying for a spouses visa. My husband is the US citizen, from Puerto Rico originally. He left for overseas when he was young and travelled around the world, met me in Europe, and we have been living in my home country of New Zealand for the last 12 years.Until we started to look at living back in PR he didn't realise that US citizens living outside of the US were still required to file a US tax return. Since he never worked in the US or PR, only here, he has never filed a tax return in the US. in PR they don't even pay federal tax because of they are not a state. Anyway we contacted the IRS but only got an automated reply sending us a tax form to download. He wouldn't owe them any taxes since he has never earned over the cap, but are scared we may be stung by non-filing fines. Should we just file for the last three years and hope for the best or is there some other solution that someone may know of?

[Roosha 51]

There are no fees for filing late, unless you owe money.

check out this link: http://www.irs.gov/uac/Instructions-for-New-Streamlined-Filing-Compliance-Procedures-for-Non-Resident-Non-Filer-US-Taxpayers and also do research on the IRS website, lots of information there.

Use taxact.com, they've got all the forms for filing from abroad and also can accommodate foreign spouses.

You're going to question filing status too, choose "married filing separately" as it's the easiest status to file, especially since you know you won't owe any taxes so you don't need to choose "married filing jointly" in order to get a bigger refund. Just put "NRA", which stands for non-resident alien, in the box where they ask for her SSN. If you really want to file jointly with your wife you'll have to apply for an ITIN, and that is a kind of involved, lengthy process, there are a lot of threads on here about it and what paperwork you need, etc. I didn't do it so I don't know exactly what will work if you choose that status.

[NepaliDreamer 8]

Hi all, this is my first post here to ask a question about sending in your US tax files when you are applying for a spouses visa. My husband is the US citizen, from Puerto Rico originally. He left for overseas when he was young and travelled around the world, met me in Europe, and we have been living in my home country of New Zealand for the last 12 years.Until we started to look at living back in PR he didn't realise that US citizens living outside of the US were still required to file a US tax return. Since he never worked in the US or PR, only here, he has never filed a tax return in the US. in PR they don't even pay federal tax because of they are not a state. Anyway we contacted the IRS but only got an automated reply sending us a tax form to download. He wouldn't owe them any taxes since he has never earned over the cap, but are scared we may be stung by non-filing fines. Should we just file for the last three years and hope for the best or is there some other solution that someone may know of?

I was in a similar situation. This is what I did. I sent in the last three years of taxes. Since I was married for those three years I filed a 1040 as "married filing separately". I used "NRA" in place of a SSN for my wife. I filled out the forms. I did have some income but not enough to collect taxes on. I then sent a cover letter explaining that, "while I haven't had to file because my income was below the taxable amount" I was sending in the last three tax returns to "Establish a filed tax return record with the IRS in connection with a Immigrant Petition I have filed with the State Department."

As far as tracking what happens,,,, I have no idea. I did find that my returns were received at the IRS. Also, my Affidavit of Support packet was accepted at the NVC. I had to find a joint sponsor for my wife.