AOS Information

[lewisandmike 4]

Hello VJers,

We are just finalizing our file as my interview is coming up in the next few weeks. We have just started looking into the AOS and were looking for some simple help.

We both met in Shanghai, China as we were both working there. My fiance just informed me that he needs to provide his tax returns for the AOS, however, he didn't pay tax for this year as he was travelling around Asia and then later lived and worked in China for a little over a year, and didn't make enough money that year to file.

We are just wondering how we go about this? Is there anyway that we can proove to the authorities that my fiance wasn't able to submit tax for A.) Being out of the country, and B.) not making enough to file.

Thanks everyone!!

[Nich-Nick 3,354]

Being out of the country is not a valid reason for an Amercian to skip filing a tax return. That is a forever obligation no matter where you live in the world unless you revoke your US citizenship. If an American earns money in a foreign country, from a foreign employer, paid in foreign currency, he is obligated to file. That doesn't mean pay taxes because there is a foreign income exclusion. But filing is different than paying.

But just like if working in America, if you have very low income there is an income threshold before you have to file. It changes each year and also depends on filing status...joint, single, married, etc. For the tax year 2014 if he did not earn at least $10,150 (converted to US$ equivalent) then the IRS does not require him to file.

For AOS, the instructions for the I-864 affidavit of support say if you were not required to file then included a signed statement saying why not required in lieu of the tax return. It should be specific in nature, not just "I didn't make enough".

"In tax year 2014, I lived and worked in Shanghai and my total earnings were $5432.98. The IRS filing threshold for a Single person was $10,150. Therefore I was not required to file a tax return because my earnings fell below that level.

In tax year 2013 my total earnings were.........."

If his earnings were more than that, he needs to do a return.

Edited September 6, 2015 by Nich-Nick

[KayDeeCee 4,893]

~ Moved from K-1 Process to AOS from Family Based Visas - topic is AOS, not K-1 ~

[lewisandmike 4]

Nich-Nick, you're on fire! Thanks so much for your help on my last two posts

Being out of the country is not a valid reason for an Amercian to skip filing a tax return. That is a forever obligation no matter where you live in the world unless you revoke your US citizenship. If an American earns money in a foreign country, from a foreign employer, paid in foreign currency, he is obligated to file. That doesn't mean pay taxes because there is a foreign income exclusion. But filing is different than paying.

But just like if working in America, if you have very low income there is an income threshold before you have to file. It changes each year and also depends on filing status...joint, single, married, etc. For the tax year 2014 if he did not earn at least $10,150 (converted to US$ equivalent) then the IRS does not require him to file.

For AOS, the instructions for the I-864 affidavit of support say if you were not required to file then included a signed statement saying why not required in lieu of the tax return. It should be specific in nature, not just "I didn't make enough".

"In tax year 2014, I lived and worked in Shanghai and my total earnings were $5432.98. The IRS filing threshold for a Single person was $10,150. Therefore I was not required to file a tax return because my earnings fell below that level.

In tax year 2013 my total earnings were.........."

If his earnings were more than that, he needs to do a return.