so confused please help

[Illiria 980]

Americans are required to file taxes even if they are not living in the US, even if their income is not derived from the US. They get a foreign earned income exemption or a waiver based on how much tax they have paid in the other country depending on how they wish to claim. My husband had always gone for exemption rather than recognition of taxes paid overseas as it was easier.

If he has not filed taxes then you could have problems in adjusting, they will issue an RFE for the previous years taxes most likely. As USCIS will require him to be your sponsor and show proof of income even when you have a co sponsor due to your spouse not earning enough. Typically the only way of not having to file is if you earn less than a certain amount which is really, really small.

Edited October 25, 2014 by Illiria

[belinda63 2,981]

Clarify please. He is a USC? You are here on a student visa? He has never filed taxes in the US? Your parent's sponsored your student visa?

[teja88 0]

Yes he's a usc. .parents sponsor me, I'm an f1 visa holder from Germany.

[teja88 0]

So based on what a poster said I don't need to the affidavit for sponsorship until the interview? My husband makes more than the poverty, he's been paying taxes in Japan. This year we went to try to file them here, it took the tax agency three months until they returned paperwork, conclusion they couldn't file and they're pretty reputable company.

I know while searching I also found a thread saying that I once I'll file I won't be f1 status anymore, so I'm assuming I'm no longer required to go to school ? Will I be able to work ? I do have authorization from school and a ead that just expired. Sorry for asking questions that have been posted before. With a newborn it's a little hard to be online for that long !!

[CdnRN 40]

Yes he's a usc. .parents sponsor me, I'm an f1 visa holder from Germany.

Then you will want to clear up his tax issues because it will affect your filing. Even if his parents are a sponsor he is still your main sponsor and his US Tax Transcripts will be required.

[belinda63 2,981]

Ok, so you are here as a student and he is USC. He will need first to take care of his US taxes. He must show proof of filing his taxes for the past three years or provide written proof that he was not required to file US taxes. A USC Is required to file taxes yearly even if some or all of their income is from another country and even if they live in another country.

Since he is a USC you can concurrently file the I-130 and I-485 (see the guides). When you do so you can also file for an EAD at no additional costs. Disregard what I said earlier when I believed you were the LPR and he was the intending immigrant. He will need to file the I-864 with the paperwork so he must have his tax situation cleared up prior to filing.

[Illiria 980]

Tax agency? I assume you don't mean the IRS but a third party you were trying to use to file taxes like HR block or a similar company. Most tax preparation companies here do not understand the foreign income waiver.

http://www.irs.gov/Individuals/International-Taxpayers/Foreign-Earned-Income-Exclusion

If your husband is earning over a certain amount overseas, this varies each year a little so you would need to check limit each year, then he will have to pay additional taxes to the US government. Just because he was paying taxes in Japan doesn't mean he was exempt from filing US taxes. Just because the agency said they could not file them then does not mean you have an excuse for the IRS.

[Illiria 980]

However I do believe you can file for some recent previous years but you will need to get him to look into this.

Does he live in the US or Japan? This doesn't affect if he needs to file, just where he sends the forms.

[icv21 110]

Hi! I wanted to share this with you, USC have to file taxes in the states even if they work in a foreign country. There are only a few countries in the world and it's one....

I know it because I've been in similar situation... My husband is an athlete too, and he made similar mistake for the past years, he is still working with lawyers to fix all the mess and his dad was the sponsor.

I would ask him for info of the exact law and how it works but he is Malaysia right now for work and actually sleeping at this time.

Look about it, tell him because it can be an issue for the forms

Edited October 25, 2014 by IRIScv

[msbau764 245]

so when you study the 6 types of bonafide marriage evidence in the I-130 instructions,

what were yer thoughts?

Yes, try for commas or use a keyboard ...

Why am I always suspended and snarky comments like these don't get warnings? This comment fits the definition of antagonistic and adds no value.

[teja88 0]

Very true...I actually found everything that this particular person posted to be snarky and almost rude. Almost made me regret having posted here in the first place. ...

[christophec 16]

Hi teja88,

Don't worry, we all help each other here, in one way or another!

Ok, so :

1) your proof for bonafide marriage are good enough to send the package. while waiting for the interview, try to get more proof (did you travel together? bank account, health insurance, lease etc... everything help!)

2) Regarding the taxes, you have two solutions : Either, you sit down with an accountant (a good one) and try to find a solution, or... you find another USC sponsor , it doesn't have to be him only.

[belinda63 2,981]

The problem is he will have to provide his tax returns or a statement as to why he was not required to file a tax return. He is and will be the primary sponsor. The I-864 will have to be sent with the packet as they should be doing concurrent filing.

[CdnRN 40]

Yes, needing a joint sponsor is a different issue. Regardless, he will need to file taxes, or be able to prove he is exempt. Either way your first step is to find a good tax accountant familiar with US and international tax laws.