Jump to content
nadjaj

How important are tax returns?

14 posts in this topic

Recommended Posts

Hi everyone.

I just recently sent in the i 129f petition and have been trying to figure out the next step. I was reading online that during the interview I might have to provide three years worth of tax returns. I've been living and working/studying outside of the country since late 2009. I only just returned a few months ago and I didn't work at all in the US in 2014 (I was a student abroad) so I didn't do my taxes.

I just recently was accepted to a full-time position that is above the minimum requirement to sponsor my fiance. Will the lack of tax returns be a problem, even though I haven't been living and working in the US?

I know that if it came down to it, my parents could be a backup sponsor but we'd all prefer them to not have to do that.

Share this post


Link to post
Share on other sites

You must have the returns or be able to explain why you were not legally required to file. If you should have filed and just didn't, then you need to file all the back taxes now.


K1 Visa Process AOS Process

Mar 18 2013: I-129F mailed to CSC Nov 15 2013: I-485 with EAD/AP filed at Chicago Lockbox

Sept 19 2013: Interview - Approved!! Jan 25 2014: EAD/AP Card Received

Oct 6 2013: POE - Chicago O'Hare June 2 2014: Permanent Resident Card Received!

Oct 27 2013: Wedding!

Share this post


Link to post
Share on other sites

Even abroad, US citizens are required to file taxes: http://www.irs.gov/Individuals/International-Taxpayers/U.S.-Citizens-and-Resident-Aliens-Abroad

You should back-file missing years.

If you were not required to file for a given year, you should have a statement prepared as to why that was the case.

Edited by lost_at_sea

* I-130/CR-1 visa by Direct Consular Filing in London
3rd May 2013 - Married in London

7th May 2013 - I-130 filed
4th June 2013 - NOA2 (approved)
16th July 2013 - Interview (approved)
30th July 2013 - POE San Francisco
29th August 2013 - 2 year green card arrived

 

* How? Read my DCF London I-130 for CR1/IR1 Spouse Guide

* Removal of Conditions (RoC) via California Service Centre
1st May 2015 - 90 day RoC window opened
6th May 2015 - I-751 filed (delivered 8th May, cheque cashed 18th May)
7th August 2015 - Approved / GC production

27th August 2015 - 10 year green card arrived

* Naturalisation (Citizenship) via Phoenix Lockbox

* San Francisco Field Office:
1st May 2016 - N-400 window opened
20th August 2016 - N-400 filed

26th August 2016 - NOA1
13th September 2016 - Biometrics

12th January 2017 - Biometrics (again)
30th May 2017 - Interview (approved)
7th June 2017 - Oath

Share this post


Link to post
Share on other sites

It would be dependent upon which embassy you file. I would ask this in Ireland area Regional area on this forum.......

My fiance is Irish but he lives and works in London. So would the London embassy or the Dublin embassy be the one we should ask at?

Share this post


Link to post
Share on other sites

My fiance is Irish but he lives and works in London. So would the London embassy or the Dublin embassy be the one we should ask at?

Where he lives. So it'll be London. But he doesn't need to ask - you do need to have your taxes in order.


* I-130/CR-1 visa by Direct Consular Filing in London
3rd May 2013 - Married in London

7th May 2013 - I-130 filed
4th June 2013 - NOA2 (approved)
16th July 2013 - Interview (approved)
30th July 2013 - POE San Francisco
29th August 2013 - 2 year green card arrived

 

* How? Read my DCF London I-130 for CR1/IR1 Spouse Guide

* Removal of Conditions (RoC) via California Service Centre
1st May 2015 - 90 day RoC window opened
6th May 2015 - I-751 filed (delivered 8th May, cheque cashed 18th May)
7th August 2015 - Approved / GC production

27th August 2015 - 10 year green card arrived

* Naturalisation (Citizenship) via Phoenix Lockbox

* San Francisco Field Office:
1st May 2016 - N-400 window opened
20th August 2016 - N-400 filed

26th August 2016 - NOA1
13th September 2016 - Biometrics

12th January 2017 - Biometrics (again)
30th May 2017 - Interview (approved)
7th June 2017 - Oath

Share this post


Link to post
Share on other sites

You can find the filing limits here: http://london.usembassy.gov/irs/irswho.html

And also here: http://london.usembassy.gov/iv/ivfaqs_affidavit/tax_returns.html (it refers to the I-864, and you'll be doing the I-134 for the K1, but the I-864 comes up right after for AOS).

Edited by lost_at_sea

* I-130/CR-1 visa by Direct Consular Filing in London
3rd May 2013 - Married in London

7th May 2013 - I-130 filed
4th June 2013 - NOA2 (approved)
16th July 2013 - Interview (approved)
30th July 2013 - POE San Francisco
29th August 2013 - 2 year green card arrived

 

* How? Read my DCF London I-130 for CR1/IR1 Spouse Guide

* Removal of Conditions (RoC) via California Service Centre
1st May 2015 - 90 day RoC window opened
6th May 2015 - I-751 filed (delivered 8th May, cheque cashed 18th May)
7th August 2015 - Approved / GC production

27th August 2015 - 10 year green card arrived

* Naturalisation (Citizenship) via Phoenix Lockbox

* San Francisco Field Office:
1st May 2016 - N-400 window opened
20th August 2016 - N-400 filed

26th August 2016 - NOA1
13th September 2016 - Biometrics

12th January 2017 - Biometrics (again)
30th May 2017 - Interview (approved)
7th June 2017 - Oath

Share this post


Link to post
Share on other sites

You can find the filing limits here: http://london.usembassy.gov/irs/irswho.html

And also here: http://london.usembassy.gov/iv/ivfaqs_affidavit/tax_returns.html (it refers to the I-864, and you'll be doing the I-134 for the K1, but the I-864 comes up right after for AOS).

Thank you. I should be okay because in 2013, and 2014 I made way way below the minimum, I was a student. Do I need to have an official document waving my need to fill out taxes or do I just state what I made during those years and that it was below the minimum requirement?

Share this post


Link to post
Share on other sites

Thank you. I should be okay because in 2013, and 2014 I made way way below the minimum, I was a student. Do I need to have an official document waving my need to fill out taxes or do I just state what I made during those years and that it was below the minimum requirement?

You should just write a letter out explaining that you were a student and only earned X amount of money in those years, so were not required to file a tax return. Simples.

2012?


* I-130/CR-1 visa by Direct Consular Filing in London
3rd May 2013 - Married in London

7th May 2013 - I-130 filed
4th June 2013 - NOA2 (approved)
16th July 2013 - Interview (approved)
30th July 2013 - POE San Francisco
29th August 2013 - 2 year green card arrived

 

* How? Read my DCF London I-130 for CR1/IR1 Spouse Guide

* Removal of Conditions (RoC) via California Service Centre
1st May 2015 - 90 day RoC window opened
6th May 2015 - I-751 filed (delivered 8th May, cheque cashed 18th May)
7th August 2015 - Approved / GC production

27th August 2015 - 10 year green card arrived

* Naturalisation (Citizenship) via Phoenix Lockbox

* San Francisco Field Office:
1st May 2016 - N-400 window opened
20th August 2016 - N-400 filed

26th August 2016 - NOA1
13th September 2016 - Biometrics

12th January 2017 - Biometrics (again)
30th May 2017 - Interview (approved)
7th June 2017 - Oath

Share this post


Link to post
Share on other sites

For 2012, I was employed full-time, but that was overseas. I believe my taxes were filed that year but I will double check with my family's accountant.

You can easily check on the IRS website, and while you're there obtain a tax transcript for that year (which is all you need). http://www.irs.gov/Individuals/Get-Transcript


* I-130/CR-1 visa by Direct Consular Filing in London
3rd May 2013 - Married in London

7th May 2013 - I-130 filed
4th June 2013 - NOA2 (approved)
16th July 2013 - Interview (approved)
30th July 2013 - POE San Francisco
29th August 2013 - 2 year green card arrived

 

* How? Read my DCF London I-130 for CR1/IR1 Spouse Guide

* Removal of Conditions (RoC) via California Service Centre
1st May 2015 - 90 day RoC window opened
6th May 2015 - I-751 filed (delivered 8th May, cheque cashed 18th May)
7th August 2015 - Approved / GC production

27th August 2015 - 10 year green card arrived

* Naturalisation (Citizenship) via Phoenix Lockbox

* San Francisco Field Office:
1st May 2016 - N-400 window opened
20th August 2016 - N-400 filed

26th August 2016 - NOA1
13th September 2016 - Biometrics

12th January 2017 - Biometrics (again)
30th May 2017 - Interview (approved)
7th June 2017 - Oath

Share this post


Link to post
Share on other sites

Hi everyone.

I just recently sent in the i 129f petition and have been trying to figure out the next step. I was reading online that during the interview I might have to provide three years worth of tax returns. I've been living and working/studying outside of the country since late 2009. I only just returned a few months ago and I didn't work at all in the US in 2014 (I was a student abroad) so I didn't do my taxes.

I just recently was accepted to a full-time position that is above the minimum requirement to sponsor my fiance. Will the lack of tax returns be a problem, even though I haven't been living and working in the US?

I know that if it came down to it, my parents could be a backup sponsor but we'd all prefer them to not have to do that.

For the I-134 and interview for the K-1, you should be fine with a letter of employment and pay stubs. Since you were a student in 2014, that can be easily explained in the interview if asked. I don't know about London, but most embassies don't care about 3 years of tax returns for a K-1 visa interview.

The 3 year tax return is for adjustment of status and the I-864. In that case, I believe all you will have to do is write that you were a student and made less than the required amount to file a tax return.


Removing Conditions Timeline

Aug. 10, '17: Mailed in I-751

Aug. 21, '17: NOA1

October 23, '18: NOA2- approval

October 30, 18: 10-year GC received

Share this post


Link to post
Share on other sites

A couple useful links for you:

Complete guide to London on VJ:

http://www.visajourney.com/forums/topic/474161-london-k1-a-complete-guide/

London Embassy info page for immigrant visas:

http://london.usembassy.gov/iv/application_documents.html#012

No mention of 3 years of tax returns on either page.


Removing Conditions Timeline

Aug. 10, '17: Mailed in I-751

Aug. 21, '17: NOA1

October 23, '18: NOA2- approval

October 30, 18: 10-year GC received

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×