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Ulrica&Jesse

Filling for GC without filed taxes.

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Hello this is my very first post on this forum, usualIy my wife is the one posting on here but I see now how useful and helpful this forum is so I'm happy to join too!

I am US citizen I have been "unemployed" for a few years and have not filed taxes since about 2012. I have started performing freelance work the past year. I plan to file taxes for 2017 however I freelance internationally and have no idea how to fill out a 1099 misc or 1040 in this case. I am new to freelance work and as I am currently living abroad I am weary on looking for tax help. Since I do not owe taxes I never filed assuming It was not required. I now have found it seems to be still required and the GC petition asks for past three years evidence of tax filing. Should I reach out to a tax professional and try to get my taxes done or should I simply just inform the USCIS I have not made the required amount to pay taxes. Also we will be filing with affidavit of support from family members. Aside from this we have a lot of strong evidence our union is legitimate and we can take care of our selves financially. I have been living abroad for over two years. we have been together for nearly four years and married for nearly two. We have joint bank account in US as well my foreign spouse has valuable assets. So I am wondering are the taxes that important if they will only state a $0.00 income and I am applying with support? any suggestions? anyone has had this experience? Would be greatly appreciated .

I am of course aware I should have this all in order and not even have this as a problem so please don't bother to be judgmental, I simply am hoping to get a good advice and see of someone else had or currently has same issue and how are they dealing with it.


  • Got married - 9/26/2014
  • I-130 filed - 9/22/2016
  • NOA1(Went to Nebraska) - 9/27/2016 
  • Got transferred to Texas Service Center - 2/23/2017
  • NOA2 - 3/28/2017 
  • Got sent to NVC - 3/31/2017 
  • NVC received our case - 4/7/2017
  • Case number assigned - 4/6/2017
  • DS-261 Filled out - 4/10/2017
  • Welcome letter/invoice received - 4/11/2017
  • AOS fee payed - 4/12/2017
  • IV fee payed - 4/14/2017
  • Completed DS-260 Application - 4/20/2017
  • Sent documents to NVC - 5/15/2017
  • Scan Date - 5/19/2017
  • Case Complete at NVC - 7/19/2017
  • Interview date released - 8/1/2017
  • Interview date - 9/6/2017 - Approved!
  •  

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How much are you making with the freelance work? You probably will need to file, unless it is very very little, but won;t need to PAY. Is your freelance work in the USA, or abroad? If abroad, you can simply file local taxes and then claim the :foreign income exemption" from the IRS, so you won;t need to pay any US taxes.


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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How much are you making with the freelance work? You probably will need to file, unless it is very very little, but won;t need to PAY. Is your freelance work in the USA, or abroad? If abroad, you can simply file local taxes and then claim the :foreign income exemption" from the IRS, so you won;t need to pay any US taxes.

Hello thanks for replying. Well this comming year I will most likely owe something. however for 2015 I had only just started near the end and only made $1200 in all of 2015. I am working abroad mostly through websites for freelancers. however I connect my US address to many things as well my US bank account as the country I currently live in is often not applicable for many things.


  • Got married - 9/26/2014
  • I-130 filed - 9/22/2016
  • NOA1(Went to Nebraska) - 9/27/2016 
  • Got transferred to Texas Service Center - 2/23/2017
  • NOA2 - 3/28/2017 
  • Got sent to NVC - 3/31/2017 
  • NVC received our case - 4/7/2017
  • Case number assigned - 4/6/2017
  • DS-261 Filled out - 4/10/2017
  • Welcome letter/invoice received - 4/11/2017
  • AOS fee payed - 4/12/2017
  • IV fee payed - 4/14/2017
  • Completed DS-260 Application - 4/20/2017
  • Sent documents to NVC - 5/15/2017
  • Scan Date - 5/19/2017
  • Case Complete at NVC - 7/19/2017
  • Interview date released - 8/1/2017
  • Interview date - 9/6/2017 - Approved!
  •  

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I can't advise you specifically on whether you should have filed taxes for the last few years, but there is a place on the form to explain that you didn't have to file taxes and for you to give a reason. So the first step is to do research on whether you should have filed (look at all sources of income, irrespective of whether it was earned abroad; use irs.gov). If you determine that you were okay, as I think you might, forget it and when the time comes, state that you didn't make enough income to have to pay taxes. I think you mean that you plan to file taxes for 2016 (which, yes, you fill out in 2017).

There are lots of foreign freelancing blogs out there so I'm sure you can find the basic info you're looking for there about how to go about filing the 2016 taxes.

I don't think it will matter as far as your bona fide relationship, etc goes. If your co-sponsor has plenty of resources, that will cover you; and the taxes are just a financial matter, not related to the rest of the application--that's my understanding.


12/14 Met at work in Rwanda

2/21/15 Became a couple

11/19/15 Married

11/23/15 I left Rwanda 

12/30/15 Mailed I-130

1/06/16 NOA1

5/03/16 NOA2!

5/06/16 NVC received case

5/20/16 Case number assigned

5/23/16 Email from NVC with case number

5/23/16 Choice of Agent filled out, AOS fee invoiced and paid

5/31/16 Called NVC, reviewed I-261 over the phone

6/02/16 IV bill invoiced and paid

7/28/16 Finally! All police clearances and birth certificate received; mailed IV and AOS; filed I-260

8/04/16 Official scan date (tracking shows "delivered" the day before)

8/15/16 Visiting my husband! 10 days

9/01/16 Received checklist in error, claiming our application was on hold because of a waiver application we never filed

9/02/16 Sent for supervisor review, six week timeframe given

9/13/16 Sent for "document review", whatever that is, told the timeframe is now indefinite

9/20/16 Contacted US Representative Adam Smith's office for assistance (WA)

9/26/16 3 N/As and Case Complete!

11/14/16 Interview: approved pending medical! (Vaccines hadn't been available)

11/19/16 Visa received in passport

12/09/16 POE Seattle

03/06/17 Green card received (address changed after POE, no problem)

5/2017 Our baby is due

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