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Filed: Timeline
Posted

Hi everyone,

I've recently learned that my wife needs to provide her US tax return forms as part of the application for my IR1 visa. However, she hasn't fill in her tax returns for the past 3 years because she's been living in the UK with me. We just didn't know she was meant to keep filing them!

What is the best way for her to go about filing the last 3 years of tax returns? So far the numbers we've tried calling have got us nowhere!

Thanks!

Mike

Posted

My husband had made the same mistake as he had come to the UK from the US before he was employment age so it was utter ignorance on his part. The IRS has a form specifically for foreign earned income which your wife can submit for the past three years. It is form 2555EZ. Foreign income is exempt which means even though technically she is in breach there will be no fine to pay since nothing was actually owed in tax. The form 2555EZ makes the calculations easy and is submitted alongside the 1040 (which is the normal US tax return form). My advice is to get them filed asap. My husband found the forms and the accompanying guidance notes by googling so you should not have to make a phone call. Our kids and I were approved so clearly this was acceptable.

Best wishes

Laura

Married a US/UK dual national in 1996 and had four children together.
Immigration Timeline: I130 Approval November 2012; Interview July 2013; Immigration October 2013. (Note, however, that we chose to stall the process for personal scheduling reasons)
As a family of six, we relocated from Argyll in Scotland to Pennsylvania in October 2013. 

I applied for Citizenship in October 2017 and am currently waiting for an Interview date.

Posted

I've literally just done this! Advice on here is great, and this link talks you through it pretty much step by step for someone in exactly your (our) position: http://britishexpats.com/wiki/Taxes_filing_with_the_US_IRS_in_London

I filled in a 1040 and 2555EZ for 2010, 11 & 12 for my wife.

I also completed this questionnaire: http://www.irs.gov/pub/irs-utl/non-resident_questionnaire.pdf - don't know if that is required or not, but I included it just to be on the safe side!

It's easier than you think, so I wouldn't stress!

I-130/IR-1 visa by Direct Consular Filing in London:
25th August 2006 - Married in Pennsylvania
09th July 2013 - I-130 filed

11th July 2013 - Notice of receipt (NOA1)

19th July 2013 - NOA2 approved (8 days)

16th August 2013 - Packet 3 received

28th August 2013 - Packet 3 forms received by Embassy

31st August 2013 - Medical

25th September 2013 - Packet 3 logged

11th October 2013 - Packet 4 received (sent on the 9th October, no CEAC update for this)

22nd October 2013 - Interview (Approved, CEAC status changed to Administrative processing, then to ISSUED)

24th October 2013 - Email stating passport released to courier

25th October 2013 - Collected passport from courier

15th December 2013 - Leave the UK (sailing)

23rd December 2013 - POE (Brooklyn sea port)

Filed: Timeline
Posted

I've literally just done this! Advice on here is great, and this link talks you through it pretty much step by step for someone in exactly your (our) position: http://britishexpats.com/wiki/Taxes_filing_with_the_US_IRS_in_London

I filled in a 1040 and 2555EZ for 2010, 11 & 12 for my wife.

I also completed this questionnaire: http://www.irs.gov/pub/irs-utl/non-resident_questionnaire.pdf - don't know if that is required or not, but I included it just to be on the safe side!

It's easier than you think, so I wouldn't stress!

Hi,

I am an USC living in the Netherlands and like you had no idea I needed to file income tax since I have no financial ties in the USA but I am getting ready to file the I-130 so my spouse (who is Dutch) and I can move to the US.

Am I okay to file the 1040 and 2555EZ for just the past 3 years or should I do it for as long as I've lived abroad?

Thanks

Beth

Posted

Just do it for the three years. That is what is covered by the waiver (all they really seem bothered about for compliance).

When you file the returns send a copy of page 1 of each year's 1040 form, along with a stamped addressed envelope and, in your cover letter ask them if they would kindly return the copies stamped 'received' as you are applying for the visa and need them.

I did this, mailed everything to the London embassy on Monday and had the stamped copies back on Thursday. Which I thought was brilliant.

I-130/IR-1 visa by Direct Consular Filing in London:
25th August 2006 - Married in Pennsylvania
09th July 2013 - I-130 filed

11th July 2013 - Notice of receipt (NOA1)

19th July 2013 - NOA2 approved (8 days)

16th August 2013 - Packet 3 received

28th August 2013 - Packet 3 forms received by Embassy

31st August 2013 - Medical

25th September 2013 - Packet 3 logged

11th October 2013 - Packet 4 received (sent on the 9th October, no CEAC update for this)

22nd October 2013 - Interview (Approved, CEAC status changed to Administrative processing, then to ISSUED)

24th October 2013 - Email stating passport released to courier

25th October 2013 - Collected passport from courier

15th December 2013 - Leave the UK (sailing)

23rd December 2013 - POE (Brooklyn sea port)

  • 2 weeks later...
Filed: Country: India
Timeline
Posted

All:

Thanks much for the information on this topic. I and my wife are in India now and my wife who has US citizenship also did not file US tax returns for the last 3 years as she did not earn any income. Now she is filing for my I-130. Based on the information here she is going to file 1040. I was in the US before on H1B visa, so I also have the SSN. Now, in the 1040 form should my wife need to mention filing status as "Single" or "Married filing jointly (even if only one had income)"? In case of filing jointly, we need to mention my name and SSN. Right?

We have two kids who were born when we were in US. Should my wife need to mention them as dependents in 1040 form? Please advise.

Regards

BRK

Posted (edited)

Hi guys,

If anyone does want to call the IRS, I've found the people at +1(267) 941-1000 very helpful and knowledgeable (if you haven't already tried them, might be worth a try). I believe that's the Philadelphia service center of the International Services dept. of the IRS and when I've called, the wait to get an operator on the phone was actually quite short.

Good luck!

Edited by catsanddogs

Feb 2013 - sent I-130

April/May 2013 - received packet 3

July 10 2013 - medical

July 15 2013 - CEAC updated to show medical

August 12 2013 - mailed packet 3 back to the embassy

Sept 17 - packet 3 was logged into the system

 
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