Support form?

[wkheathjr 1]

Hi,

A bit about me.. I am in my early 40's and single, no kid. I'm deaf. I've owned my business and worked part time for few years. In Dec 2012, I met a nice girl on dating site then we started to chat on Skype and on Whatsapp. She is a Colombiana.

In Feb 2013, I was diagnosis with fracture in Lumbar 5 known as Bilaterial Spondylolysis so my spine doctor declared me disabled and I've been out of work since. I've done some odd jobs here and there and filed for disability. I qualified for disability (being deaf helped made it faster) so I get SSDI, and found out that unlike SSI, I could still own few homes, land, etc. The rules and requirement is more flexible. As of now, I own a small tract of land and 2 homes that I rent out, but since I don't really work anymore (yes back has got real bad since and I can't work anymore other than simple chores around the house and yard). I've been renting 1 home and living in other home with plan to add one more home on the land (mobile home) so I could have more income beside SSDI getting my yearly income over $28K a year. But the rental income is not reported. It seems pointless to file tax because I don't get anything out of it and don't have skyrocketing medical bills. Pretty much a simple life.

Anyway, here is the situation..

In Feb 2014, I finally went down to Colombia and spent 1 month with my Colombian girlfriend.. Even stayed half of the month with her family in their home.. Came back again in July 2014-Sept 2014 and again for few weeks in Feb 2015. We think we are going to go ahead with the K1 fiancee visa.

Small problem.. I am on SSDI and I have not filed tax in 2 years. I pretty much own everything I have.. land is free of lien, homes are free of lien, truck/car/2 motorcycles without lien. Very large life insurance policy. The 27 acres of land I will inherit after my grandma pass away (she is sick with breast cancer at age 82 and in nurse home now- my mother survived breast cancer recently which is why we had to put grandma in nurse home) I'm concerned that with SSDI only, the person processing the application may not recognize this as sufficient and deny the visa application concerning that my "wife" would end up on government welfare system?? I know I won't ever need government help because I have few incomes, which is not reported. Also, I own joint of beach property that's value at half million dollars (shared with mom and sister due to inheritance). I would be extremely disappointed if this would prevent visa from being approved as Colombia recently passed new law where foreigner living in Colombia would have to pay up to 33% of their income from USA into Colombia government, and they will want to tax me for having a property in the USA while living full time in Colombia so this will not work for me as I will not be able to live comfortable as I am up here in the USA.

Hope someone can help me put my mind at ease..

Edited May 2, 2016 by wkheathjr

[KayDeeCee 4,893]

Disability income can be used. Non-taxable income needs to be pointed out to them and you should get an SSA benefits verification letter and show bank statements along with your SSA1099 from the most recent year to prove how much you receive each month. You should provide a statement as to why you are not legally required to file taxes, since all your income is non-taxable.

You can also list assets. You will need proof of ownership, appraisals and any lien info that might exist in order to show the net value.

[wkheathjr 1]

Proof of ownership is not the problem.. I think that tax value of the property should be sufficient?

Would a copy of contract with tenant(s) also be a good proof for non-taxable income?

[KayDeeCee 4,893]

If you receive rental income, then yes. However, you should be filing taxes on rental income. That is not non-taxable. If you are required to file taxes, then you must.

[wkheathjr 1]

If you receive rental income, then yes. However, you should be filing taxes on rental income. That is not non-taxable. If you are required to file taxes, then you must.

Ok thanks very much for this advice. I guess at this point, start filing for it next year since this year has passed. I'll probably need to discuss with lawyer about best way to do this whether to just collect it in my name or to create a inc or LLC. You thought on this?

[bigjailerman 318]

Include them on your taxes by amending your most recently filed return. Make it show you arent hiding anything and make yourself more transparent. with 28k you are close to the cutoff so 5k or so per year should put you over the top.

Colombian tax situation is in a mess. If you live in country more than 183 days per year you are supposed to declare your worldwide holdings. Doesnt mean you have to pay anything, its just a declaration at this point. I feel what you are saying though, totally.

Also be advised, once you declare in Colombia, you are eligible for a foreign discount on your US taxes as well. I advise you get some legal accounting advice that know both sides of the coin. There are a few decent ones available.

[wkheathjr 1]

BigJailerMan,

Thanks for few tips. Clearly I will have to go more legit with my tax in order to get my love out of there. I do have another cash business, a campground that hold biker party 2 times a year.. I'll have to make some serious decision here.

I am aware that I could be in and out of Colombia 6 months a year to avoid paying tax but what kind of father or husband would I be if I am not around 6 months a year with my wife and future kid??

At this point, my gf and her mother is really tired of bad economic in Colombia and they struggled (I didn't mention this but her father passed away from cancer while I was down there and we buried him) so they are at the point they are ready to move to Panama because they have Panamanian family living there. My girlfriend suggested me to consider visiting her there and told me that getting visa in Panama would not be difficult for both of us as a foreigner, and that the bank of Panama would recognize my SSDI as income from the USA to give me a loan for property in Panama. I don't know about that but it could be worth looking into. The biggest issue would be that my girlfriend's biological clock is ticking approaching 34 and she want to have kid sooner than later. I do too because I am approaching 42 so you get the idea.. if we are to have kid in Panama then how does it work citizen-wise?? That's another thing I would have to look into because I want my kid to have Dual Citizen if it is doable to have kid in Panama and get US citizen so my kid can get my estate (which is another main point for me to have kid).

And no, none of my cash is dirty money.. all legit! I just know many way to make lot of money not reported. I used to be food vendor selling foods at festivals and it is all cash. Rental. Special event at my campground. No drug money, never! No dirt money!

Anyway, thanks for the tip.. Clearly I need to meet with CPA and maybe lawyer.. might have to make it corporation?? Depend on what CPA/lawyer says.

Edited May 2, 2016 by wkheathjr

[bigjailerman 318]

I went through similar circumstances and since I arrived in Colombia in 2012 we had two sons. The process is pretty much simple to go through and dual citizenship is almost automatic as long as you as the US citizen parent that you have spent at least 5 years in the USA and you have documentation... tax returns, jobs, disability, w2, mortgage etc.

After the birth of you child, you fill out a Certificate of Birth Abroad at either Barranquilla or Bogota consulates. I found Barranquilla way easier. They will send you a list of required documents you may require. You also then fill out a SSA 5 and a USA passport application for the new birth. Pay your 205.00 fee and in 2 to 3 weeks you will have a US citizen passport for your baby and a Certificate of Citizen Born Abroad and he/she is now a dual citizen. The little ones social security number takes about 3 to 4 months. At that point, if you are receiving SSD you new child is able to receive his/her portion of your SS. It doesnt affect your award, he gets his own. That also adds to your family income as well.

Panama process is the same. Panama City consulate handles it there. The SS base for new births is in Costa Rica and everything gets funneled there.

Edited May 2, 2016 by bigjailerman

[wkheathjr 1]

I went through similar circumstances and since I arrived in Colombia in 2012 we had two sons. The process is pretty much simple to go through and dual citizenship is almost automatic as long as you as the US citizen parent that you have spent at least 5 years in the USA and you have documentation... tax returns, jobs, disability, w2, mortgage etc.

After the birth of you child, you fill out a Certificate of Birth Abroad at either Barranquilla or Bogota consulates. I found Barranquilla way easier. They will send you a list of required documents you may require. You also then fill out a SSA 5 and a USA passport application for the new birth. Pay your 205.00 fee and in 2 to 3 weeks you will have a US citizen passport for your baby and a Certificate of Citizen Born Abroad and he/she is now a dual citizen. The little ones social security number takes about 3 to 4 months. At that point, if you are receiving SSD you new child is able to receive his/her portion of your SS. It doesnt affect your award, he gets his own. That also adds to your family income as well.

Panama process is the same. Panama City consulate handles it there. The SS base for new births is in Costa Rica and everything gets funneled there.

That might be the easier and less complicated process especially if we decide to live in Panama. I'll do more research. Thanks for sharing this.. by the way, my girlfriend is of Barranquilla too.. when I stayed with her family, they rarely use AC so that was a challenge for me because I'm spoiled with AC in the USA.. I tried to offer paying for their electric but I think they were afraid to become addicted to it so it took me a while to get acclimated and it got easier after 2 weeks during my 2 months stay.

Again, thanks!

Edited May 2, 2016 by wkheathjr

[bigjailerman 318]

It also gets you Resident Visa as well if you have a Colombian child..just fyi

[KayDeeCee 4,893]

Ok thanks very much for this advice. I guess at this point, start filing for it next year since this year has passed. I'll probably need to discuss with lawyer about best way to do this whether to just collect it in my name or to create a inc or LLC. You thought on this?

You will need to file your back taxes. You will need to have filed for the last 3 years in order to get through the immigration process. The I-134 for the K-1 visa is not as strict as the I-864 you will need after you marry, and the immigrant needs to file for adjustment of status to get a green card. You must have filed for the last 3 years, if you were legally obligated to. You must list your Total Income from the last 3 years of taxes on that form.