Self-empolyed (low income!) husband hasn't filed with IRS since being in the UK...advice please?!

[LondonWelsh 0]

Hi everyone

My American husband has been in the UK (he has ILR here) since 2004. He last filed with the IRS in 2005 (he's been filing in the UK though). He has been self-employed since being in the UK and doesn't think he's ever reached the threshold of having to pay tax in the US.

I am embarking on the visa process to move with him and our son to the States, via the American Embassy in London.

His father will be a co-sponsor as obviously my husband hasn't resided in the States for years and doesn't make much money. I know we still need to give all my husband's details on the sponsor form.

He is currently tying himself in knots trying to figure out exactly what he has to do to get everything up to date with the IRS in the States as I assume we'll need to be before I can make the application proper

(I'm at the getting my vaccination records/ACRO stuff sorted, not yet completed the visa application or arranged medical etc)

Thanks in advance for any help anyone can give!

LW x

[Kastrs 723]

Just something to look into, your husband was likely below the threshold for having to pay taxes as there is a large exception for money earned overseas, but that does not mean he was exempt from filing taxes. The requirement to file taxes is an income of about 10K USD. You should check if your husband made more than that amount and assess your tax situation.

Also, be prepared to demonstrate that your husband has intent to reestablish domicile in the US.

[LondonWelsh 0]

Just something to look into, your husband was likely below the threshold for having to pay taxes as there is a large exception for money earned overseas, but that does not mean he was exempt from filing taxes. The requirement to file taxes is an income of about 10K USD. You should check if your husband made more than that amount and assess your tax situation.

Also, be prepared to demonstrate that your husband has intent to reestablish domicile in the US.

Thanks for this, looks like he should've been filing (as suspected! Sigh) but not paying tax. Any tips on doing this, anyone? He's probably going to have to file late for previous years I imagine...

I hope the proof of intent to reestablish won't be too tricky as we have a house we can move into and he can start working with this Dad as soon as we get there on his dad's business. Also we made sure our son got an American birth certificate and passport soon after he was born (he's 3) which I hope shows good intent. Is this the sort of stuff they might want to know/see?

Thanks again!

[Anh map 2,098]

Needs to file tax returns for the last 3 years and get the transcripts from the IRS. That's what the rules say.

See this US embassy London FAQ for more guidance >>>> http://london.usembassy.gov/iv/ivfaqs_affidavit/tax_returns.html

[Anh map 2,098]

Thanks for this, looks like he should've been filing (as suspected! Sigh) but not paying tax. Any tips on doing this, anyone? He's probably going to have to file late for previous years I imagine...

I hope the proof of intent to reestablish won't be too tricky as we have a house we can move into and he can start working with this Dad as soon as we get there on his dad's business. Also we made sure our son got an American birth certificate and passport soon after he was born (he's 3) which I hope shows good intent. Is this the sort of stuff they might want to know/see?

Thanks again!

Look here for domicile FAQ from London >>> http://london.usembassy.gov/iv/ivfaqs_affidavit/domicile.html

[LondonWelsh 0]

Look here for domicile FAQ from London >>> http://london.usembassy.gov/iv/ivfaqs_affidavit/domicile.html

Great thank you, I will get a letter from his Dad stating that he intends to give my husband work and our family a place to live. I can also show that I've been researching nurseries and preschools for our child.