i-864 Affidavit of Support - NO TAX RETURNS!

[Rosewellma 0]

PLEASE HELP!

We have the interview very shortly... i am worried about the I-864 as I have not filed US tax returns... EVER - Ive been living in the UK since the age of 14. I do however have P60's from my employment in the UK. I could also file my 2014 taxes ASAP, but my finances are kind of complicated and this will take time... I have no idea how long, Months...?

I have no issue proving domicile in the USA, and have US Pay stubs from November 2014 from when I moved here recently which shows I have enough money as to not become a public charge etc etc.

I have a relative who can provide his latest tax return and therefore be a joint sponsor...

Is there any way around this? Is my wife going to fail the interview because of this?

Any help PLEASE!!!

thanks,

Matt & Charlotte

[N-o-l-a 7,167]

Well, were you required to file taxes for those years, i.e. did you make enough money to be required to report?

https://americansabroad.org/issues/taxation/us-taxes-while-living-abroad-faq/

You won't get denied, but unless you provide the tax documents or prove that you weren't required to file, you are likely to get a 221(g) until you fix the situation.

Taxes for the year 2013 are more likely to be required because the 2014 filing date has not yet passed.

Edited March 3, 2015 by N-o-l-a

[aaron2020 11,651]

Hi,

U.S. citizens are requird to file US tax returns on their worldwide income. (See Boris Johnson.)

If you make more than $10,000 in any of the last three tax years, you will need to file returns for those years.

When you file the I-864, you will need to attest that you have filed your tax returns for the last three years as required or explain why you might have been excused from filing. If you do not do this, you will get an RFE. If you can not satisfy the RFE, the case will be denied. A Joint Sponsor does not relieve you of this obligation.

[Boiler 43,436]

Boris I believe is renouncing his US citizenship.

[Nich-Nick 3,353]

You will be told at the interview you have not submitted the proper documentation. They will send you (spouse actually) away to get what you need (tax returns) and then you submit that via the embassy courier, along with your passport. There is not a limited short timeline to get that done, so might as well get started because the visa will be delayed by however long it takes.

The tax return is fairly easy if you know how much you earned in the UK in the calendar year. It is self reported...does not have a W2 like US earned income. You convert your UK income to US dollars and enter it in line 7 of the Form 1040. You do Form 2555EZ foreign income exclusion to determine how much of that income is excluded. (probably all of it unless you were earning more than $100k.) Your excluded foreign income is entered on Line 21 of the Form 1040 as a negative number, so is subtracted out before Line 22 Total Income. Likely you will owe $0, but you are required to file and report even income earned abroad.

To qualify to exclude the foreign income you have to pass either the bonafide residence test or physical presence test (in the UK). Read the directions for Form 2555EZ. It basically means you were authorized to work in the UK...BONAFIDE RESIDENT, not illegally there working on the sly....Or physically present there a certain number of days...which you were if you were there since age 14.

Previous year tax forms are available on IRS.gov. If your interview is before April 15, then 2013 is your latest return.

Edited March 3, 2015 by Nich-Nick

[Brewlin 52]

Matt, I have more expat American friends than Swedish. They speak about Fatca and Fbar all the time. Here's what I heard. On IRS website, not sure where, otherwise contact them about getting on the "Amnesty program". For someone like you, it might help. Good luck!