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Checklist for AoS - "taxes not filed" - taxes WERE filed

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I am the applicant - my husband is the petitioner. I received this checklist with instructions:

" MYLASTNAME, MYFIRSTNAME Form I-864A, Contract between sponsor and household member & Financial evidence checklist

Please review the instructions below then refer to the final page of this checklist for mailing instructons.

[] Hidden line.

[x] a written statement indicating why you did not file ___2013_______ Federal income tax returns.

[x] ___2013____ Federal income tax returns, IRS printouts, or Letter 1722 issued by the IRS.

[x] ___2013_______ Federal income taxes, (if any) becase you were exempt from filing Federal income taes under U.S. law and you relied soley on foreign earned income during the most recent tax year."

Originally I thought this was a checklist for my husband but, I just realised it was for me. I attached my notice of assessment from the CRA (I am Canadian and that is where all of my income come sfrom) for my Canadian tax proof so it cannot be that I forgot to include that

They are asking me why I did not file taxes with the IRS, right?

Why would I have to file taxes with the IRS if I have not lived there or earned any money there?

Are these things I am actually required to do or was there some sort of error with whoever was doing my processing?

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I am the applicant - my husband is the petitioner. I received this checklist with instructions:

" MYLASTNAME, MYFIRSTNAME Form I-864A, Contract between sponsor and household member & Financial evidence checklist

Please review the instructions below then refer to the final page of this checklist for mailing instructons.

[] Hidden line.

[x] a written statement indicating why you did not file ___2013_______ Federal income tax returns.

[x] ___2013____ Federal income tax returns, IRS printouts, or Letter 1722 issued by the IRS.

[x] ___2013_______ Federal income taxes, (if any) becase you were exempt from filing Federal income taes under U.S. law and you relied soley on foreign earned income during the most recent tax year."

Originally I thought this was a checklist for my husband but, I just realised it was for me. I attached my notice of assessment from the CRA (I am Canadian and that is where all of my income come sfrom) for my Canadian tax proof so it cannot be that I forgot to include that

They are asking me why I did not file taxes with the IRS, right?

Why would I have to file taxes with the IRS if I have not lived there or earned any money there?

Are these things I am actually required to do or was there some sort of error with whoever was doing my processing?

I guess even though I have not in any way moved there, we needed to have an ITIN set up for me and then filed taxes with my husband. I applied to have an a SSN sent to me along with my VISA submission (I think I remember that being an option), and the W-7 for applying for an ITIN says that if you are eligible for a SSN then not to file that W7. I assumed i WAS eligible because I was in the process of filing for my VISA. But I guess maybe I am not eligible until after my AoS has been accepted?

:( the stress....

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I am the applicant - my husband is the petitioner. I received this checklist with instructions:

" MYLASTNAME, MYFIRSTNAME Form I-864A, Contract between sponsor and household member & Financial evidence checklist

Please review the instructions below then refer to the final page of this checklist for mailing instructons.

[] Hidden line.

[x] a written statement indicating why you did not file ___2013_______ Federal income tax returns.

[x] ___2013____ Federal income tax returns, IRS printouts, or Letter 1722 issued by the IRS.

[x] ___2013_______ Federal income taxes, (if any) becase you were exempt from filing Federal income taes under U.S. law and you relied soley on foreign earned income during the most recent tax year."

Originally I thought this was a checklist for my husband but, I just realised it was for me. I attached my notice of assessment from the CRA (I am Canadian and that is where all of my income come sfrom) for my Canadian tax proof so it cannot be that I forgot to include that

They are asking me why I did not file taxes with the IRS, right?

Why would I have to file taxes with the IRS if I have not lived there or earned any money there?

Are these things I am actually required to do or was there some sort of error with whoever was doing my processing?

Don't panic. This is not for you as the applicant, this is for your sponsor. Did you have a joint sponsor with household member who filled out the I-864A? It seems to me they are asking for that sponsor's 2013 tax return or letter indicating why they did not file.

I would suggest calling the NVC to confirm what exactly they want from you if you are uncertain. Good luck!


USCIS

10-24-14 : I-130 sent from South Africa to Chicago Lockbox

11-03-14 : NOA1, Case Transferred to California Service Center

11-24-14 : NOA2

NVC

12-12-14 : Case received by NVC

01-15-15 : Case # Assigned

01-15-15: DS-261 completed

01-20-15: AOS fee invoiced & paid

01-21-15: Mailed AOS & IV Packages

01-22-15: ORIGINAL SCAN DATE- both packages

01-23-15: Sent corrected AOS - caught my own mistake

02-11-15: IV bill invoiced & paid

02-14-15: DS-260 completed

04-01-15: Case Complete

04-16-15: P4 e-mail

05-14-15: Interview Date

05-25--15 : POE, time to MOVE!!!!

Removal of Conditions

04-07-2016: Form I-751 arrived at California Service Center

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Don't panic. This is not for you as the applicant, this is for your sponsor. Did you have a joint sponsor with household member who filled out the I-864A? It seems to me they are asking for that sponsor's 2013 tax return or letter indicating why they did not file.

I would suggest calling the NVC to confirm what exactly they want from you if you are uncertain. Good luck!

I guess I am the joint sponsor? My husbands income alone is not enough to allow me to come in to the country. I am lucky enough to work in Canada and so close to the border that I will be able to keep my job after we move so we are using my income for the extra support. I feel like what I am supposed to do is explain to them why I did not file taxes for the 2013 tax year. And that would be because I wouldn't have even thought I had to. My husband and I filed separately. I think that what needs to happen is that I need to speak with a tax specialist and have them submit my 2013 information to the IRS along with an application for an ITIN

I am not sure how that sounds to you, or to anyone else that has some more education on the topic than I have?

I will give the NVC a call when I am in an area with phone service to see if I can get any help there

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If you and your husband filed separately, as you were not living in the country, simply write a letter stating you did not file US taxes because you were not a US resident and not required to file in the USA. Also include a letter stating that you will be continuing your job after moving. When you do move to the USA, you will be required to file taxes in both Canada (because you work there) and the USA (because you're a resident.) But you can exclude your foreign income on you US taxes sand not pay taxes in both countries.


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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I guess I am the joint sponsor? My husbands income alone is not enough to allow me to come in to the country. I am lucky enough to work in Canada and so close to the border that I will be able to keep my job after we move so we are using my income for the extra support. I feel like what I am supposed to do is explain to them why I did not file taxes for the 2013 tax year. And that would be because I wouldn't have even thought I had to. My husband and I filed separately. I think that what needs to happen is that I need to speak with a tax specialist and have them submit my 2013 information to the IRS along with an application for an ITIN

I am not sure how that sounds to you, or to anyone else that has some more education on the topic than I have?

I will give the NVC a call when I am in an area with phone service to see if I can get any help there

Well you cannot sponsor yourself. If your husband's income is not enough than you will need a joint sponsor. Who filled out a form I-864A?

I don't think you need to speak with a tax specialist you need to call the NVC and figure out what they are requesting from you to complete your case.


USCIS

10-24-14 : I-130 sent from South Africa to Chicago Lockbox

11-03-14 : NOA1, Case Transferred to California Service Center

11-24-14 : NOA2

NVC

12-12-14 : Case received by NVC

01-15-15 : Case # Assigned

01-15-15: DS-261 completed

01-20-15: AOS fee invoiced & paid

01-21-15: Mailed AOS & IV Packages

01-22-15: ORIGINAL SCAN DATE- both packages

01-23-15: Sent corrected AOS - caught my own mistake

02-11-15: IV bill invoiced & paid

02-14-15: DS-260 completed

04-01-15: Case Complete

04-16-15: P4 e-mail

05-14-15: Interview Date

05-25--15 : POE, time to MOVE!!!!

Removal of Conditions

04-07-2016: Form I-751 arrived at California Service Center

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Well you cannot sponsor yourself. If your husband's income is not enough than you will need a joint sponsor. Who filled out a form I-864A?

I don't think you need to speak with a tax specialist you need to call the NVC and figure out what they are requesting from you to complete your case.

Yes the OP can be a household member because their job will be continuing after immigrating. No they do not need a joint sponsor in this case.


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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If you and your husband filed separately, as you were not living in the country, simply write a letter stating you did not file US taxes because you were not a US resident and not required to file in the USA. Also include a letter stating that you will be continuing your job after moving. When you do move to the USA, you will be required to file taxes in both Canada (because you work there) and the USA (because you're a resident.) But you can exclude your foreign income on you US taxes sand not pay taxes in both countries.

When I was excluding my income, I could only qualify under physical presence or bona fide residence. Is there another way to exclude foreign income if you don't actually live in the foreign country the money comes from?


ROC from CR-1 visa (Green Card expiration date was Nov 24th 2016)

 

Link to the evidence I submitted. Be sure to send evidence spanning your entire marriage (especially for K-1) or as far back as you can. Just one or two bank statements will not cut it. I primarily focused on the two years of living here since I came in on a CR-1. If you don't have the fundamentals (i.e. joint accounts/policies), you can explain why in the covering letter. E.g. "While we do not have joint utilities, we both contribute to them from our joint bank account".

 

September 26th 2016: I-751 package sent to CSC

September 28th 2016: Package delivered
September 30th 2016: Check cashed
October 3rd 2016: NOA1 received with receipt date of 09/28/16
November 3rd 2016: Biometrics received with appointment date of 11/14/16.
November 14th 2016: Attended biometrics appointment
October 30th 2017: Infopass appointment to get I-551 stamp
February 26th 2018: I-751 case number (aka the NOA1 receipt number) becomes trackable
March 14th 2018: Submitted service request due to being outside of processing time.

March 15th 2018: ROC approved. 535 days (1 year, 5 months and 17 days)

March 29th 2018: Card being produced

April 4th 2018: Card mailed out

April 6th 2018: Card in hand. Has incorrect "resident since" date. Submitted service request on I-751 case (typographical error on permanent resident card) and an I-90 online.

April 2018 - August 7th 2018: Tons of service requests, emails and now senator involvement to get my corrected green card back because what the heck, USCIS. Also some time in May I sent a letter to Potomac telling them I want to withdraw my I-90 since CSC were handling it.

August 8th 2018: Card in production thanks to the direct involvement of Senator Sherrod Brown's team

August 13th 2018: Card mailed

August 15th 2018: Card in hand with correct date. :joy:

October 31st 2018: Potomac sends out a notice stating they have closed out my I-90 per my request. Yay for no duplicate card drama.

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Sorry for the bad advice! I'd never heard of the situation. Hope you are able to gain some clarity from others.

Good luck.


USCIS

10-24-14 : I-130 sent from South Africa to Chicago Lockbox

11-03-14 : NOA1, Case Transferred to California Service Center

11-24-14 : NOA2

NVC

12-12-14 : Case received by NVC

01-15-15 : Case # Assigned

01-15-15: DS-261 completed

01-20-15: AOS fee invoiced & paid

01-21-15: Mailed AOS & IV Packages

01-22-15: ORIGINAL SCAN DATE- both packages

01-23-15: Sent corrected AOS - caught my own mistake

02-11-15: IV bill invoiced & paid

02-14-15: DS-260 completed

04-01-15: Case Complete

04-16-15: P4 e-mail

05-14-15: Interview Date

05-25--15 : POE, time to MOVE!!!!

Removal of Conditions

04-07-2016: Form I-751 arrived at California Service Center

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Well you cannot sponsor yourself. If your husband's income is not enough than you will need a joint sponsor. Who filled out a form I-864A?

I don't think you need to speak with a tax specialist you need to call the NVC and figure out what they are requesting from you to complete your case.

Well my husband is the main sponsor - but as i am considered part of his intended household they make an exception and allow me to use my income so joint-sponsor is more accuracte

You are right though. I need to speak to the NVC

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Yes the OP can be a household member because their job will be continuing after immigrating. No they do not need a joint sponsor in this case.

Sorry for the incorrect advice . I guess that just seems odd to me because if her income continues after the move (sourced from Canada and excluded from US taxes) her IRS transcript would reflect 0 total income. Right?

I dunno I'm sure your advice is sound, not questioning that. More just interested in the reasoning behind it. Oh well! :)


USCIS

10-24-14 : I-130 sent from South Africa to Chicago Lockbox

11-03-14 : NOA1, Case Transferred to California Service Center

11-24-14 : NOA2

NVC

12-12-14 : Case received by NVC

01-15-15 : Case # Assigned

01-15-15: DS-261 completed

01-20-15: AOS fee invoiced & paid

01-21-15: Mailed AOS & IV Packages

01-22-15: ORIGINAL SCAN DATE- both packages

01-23-15: Sent corrected AOS - caught my own mistake

02-11-15: IV bill invoiced & paid

02-14-15: DS-260 completed

04-01-15: Case Complete

04-16-15: P4 e-mail

05-14-15: Interview Date

05-25--15 : POE, time to MOVE!!!!

Removal of Conditions

04-07-2016: Form I-751 arrived at California Service Center

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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If you and your husband filed separately, as you were not living in the country, simply write a letter stating you did not file US taxes because you were not a US resident and not required to file in the USA. Also include a letter stating that you will be continuing your job after moving. When you do move to the USA, you will be required to file taxes in both Canada (because you work there) and the USA (because you're a resident.) But you can exclude your foreign income on you US taxes sand not pay taxes in both countries.

Is it really a "simple letter" in the sense that I don't need it notarized or witnessed or anything?

Thanks for your response

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When I was excluding my income, I could only qualify under physical presence or bona fide residence. Is there another way to exclude foreign income if you don't actually live in the foreign country the money comes from?

Yes, but I'm not sure exactly how, but I know people do it. Your country has to have a tax treaty with the USA is about as far as I know. I think a forum like Serbinski would be better at explaining it as they deal with cross border tax issues. http://forums.serbinski.com/viewforum.php?f=2

Is it really a "simple letter" in the sense that I don't need it notarized or witnessed or anything?

Thanks for your response

Yep.

Just "to whom it may concern, blah blah blah, sincerely me"


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Yes, but I'm not sure exactly how, but I know people do it. Your country has to have a tax treaty with the USA is about as far as I know. I think a forum like Serbinski would be better at explaining it as they deal with cross border tax issues. http://forums.serbinski.com/viewforum.php?f=2

Yep.

Just "to whom it may concern, blah blah blah, sincerely me"

amazing! Thanks so much!

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When I was excluding my income, I could only qualify under physical presence or bona fide residence. Is there another way to exclude foreign income if you don't actually live in the foreign country the money comes from?

No I don't think so. You'd need to be physically present in foreign country for 330 days out of the calendar year.


USCIS

10-24-14 : I-130 sent from South Africa to Chicago Lockbox

11-03-14 : NOA1, Case Transferred to California Service Center

11-24-14 : NOA2

NVC

12-12-14 : Case received by NVC

01-15-15 : Case # Assigned

01-15-15: DS-261 completed

01-20-15: AOS fee invoiced & paid

01-21-15: Mailed AOS & IV Packages

01-22-15: ORIGINAL SCAN DATE- both packages

01-23-15: Sent corrected AOS - caught my own mistake

02-11-15: IV bill invoiced & paid

02-14-15: DS-260 completed

04-01-15: Case Complete

04-16-15: P4 e-mail

05-14-15: Interview Date

05-25--15 : POE, time to MOVE!!!!

Removal of Conditions

04-07-2016: Form I-751 arrived at California Service Center

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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