Petitioner working in the PI. No US ITR. Help please?

[Ranchomama 1]

Hi everyone! I just have a few questions with regards to filing the K1 visa.

I am the petitioner and I'm currently in the Philippines after giving birth 3 mos ago. My questions are:

A. Can I provide an income tax return from the Philippines?

B. i am currently staying at home since I just gave birth and my fiance is the one working. He earns a little above what is in the poverty line, would that be valid?

C. Even i I am the woman would I still need to be the one to provide support? Even in my fiance's earnings are okay?

D. Can the beneficiary be the one to support himself?

Thank you very much in advance!

[Greenbaum 12,259]

Ranchomama, on 28 Aug 2014 - 8:10 PM, said:

Hi everyone! I just have a few questions with regards to filing the K1 visa.

I am the petitioner and I'm currently in the Philippines after giving birth 3 mos ago. My questions are:

A. Can I provide an income tax return from the Philippines? If your asking about a US income tax return the answer is yes. Just go online and request your transcript for 2013 at the IRS website. The only problem is it will be mailed to a US address but if you have a friend that can retrieve it and scan and email it to you... you are good to go.

B. i am currently staying at home since I just gave birth and my fiance is the one working. He earns a little above what is in the poverty line, would that be valid? If your the petitioner you must be the one who is earning and supporting him above the poverty line.

C. Even i I am the woman would I still need to be the one to provide support? Yes because you are the petitioner. Even in my fiance's earnings are okay? Does matter he is the beneficiary and the beneficiary is supported by the petitioner. If your income is greater than the poverty level for the number in your family, you have no concerns.

D. Can the beneficiary be the one to support himself? No.

Thank you very much in advance!

[Ranchomama 1]

Thank you very much! God bless! Last question, do you think The embassy in Manila accepts co-sponsor?

[Hank_ 9,174]

Hi everyone! I just have a few questions with regards to filing the K1 visa.

I am the petitioner and I'm currently in the Philippines after giving birth 3 mos ago. My questions are:

A. Can I provide an income tax return from the Philippines?

B. i am currently staying at home since I just gave birth and my fiance is the one working. He earns a little above what is in the poverty line, would that be valid?

C. Even i I am the woman would I still need to be the one to provide support? Even in my fiance's earnings are okay?

D. Can the beneficiary be the one to support himself?

Thank you very much in advance!

A) Nope. Of no value to show evidence of income in the USA. U.S. Federal tax return required.

B) Nope. He is the beneficiary, his income doesn't matter.

C) Man - woman doesn't matter, petitioner is the sponsor and need to provide evidence of income once living in the USA. A co-sponsor is possible - but again the person must have income within the USA. You need to show income for once you are all in the USA... foreign income doesn't do that.

D) Nope. There are exceptions, but never heard of it being done with the Philippines. Income needs to exist once in the USA.

(I answered this in your other question also)

Edited August 29, 2014 by Hank_

[Pitaya 2,577]

A) Nope. Of no value to show evidence of income in the USA. U.S. Federal tax return required.

B) Nope. He is the beneficiary, his income doesn't matter.

C) Man - woman doesn't matter, petitioner is the sponsor and need to provide evidence of income once living in the USA. A co-sponsor is possible - but again the person must have income within the USA. You need to show income for once you are all in the USA... foreign income doesn't do that.

D) Nope. There are exceptions, but never heard of it being done with the Philippines. Income needs to exist once in the USA.

(I answered this in your other question also)

Agree!!

[Al422 221]

He is not supposed to be working once he gets to US until he gets his EAD. Work for him in the US without the EAD or a green card is illegal. So while he may be making good money now, not so once he gets to the US.

As a USC, you are required to report all of your worldwide income on a US tax return. So even if all of your income is from Filipino sources, you are still required to file in the US.

US tax transcript can be downloaded and printed. USEM accepted my downloaded one just fine.

[Hank_ 9,174]

He is not supposed to be working once he gets to US until he gets his EAD. Work for him in the US without the EAD or a green card is illegal. So while he may be making good money now, not so once he gets to the US.

As a USC, you are required to report all of your worldwide income on a US tax return. So even if all of your income is from Filipino sources, you are still required to file in the US.

US tax transcript can be downloaded and printed. USEM accepted my downloaded one just fine.

I don't know about the tax issues, seems I had read about tax agreements between countries whereas you pay taxes on your income in one country you don't pay in the USA - but then this is a visa forum so what the heck.

IRS -

Foreign Earned Income Exclusion - Requirements

To claim the foreign earned income exclusion, the foreign housing exclusion, or the foreign housing deduction, you must have foreign earned income, your tax home must be in a foreign country, and you must be one of the following:

• A U.S. citizen who is a bona fide resident of a foreign country or countries for an uninterrupted period that includes an entire tax year,
• A U.S. resident alien who is a citizen or national of a country with which the United States has an income tax treaty in effect and who is a bona fide resident of a foreign country or countries for an uninterrupted period that includes an entire tax year, or
• A U.S. citizen or a U.S. resident alien who is physically present in a foreign country or countries for at least 330 full days during any period of 12 consecutive months.

[Illiria 980]

You still have to file, the exclusion is not from filing but the amount you can earn before paying the US government as well as the country you are residing in.

Therefore if you live outside of the US but earn over a certain amount then you can end up paying not only the country you reside in taxes but also the US.

Most of the time you fill it in and the amount you owe is zero.

Note that most countries do not require this of their citizens, the US is one that does.