Tax history when filing for a spousal visa

[Nicole Tantawy 0]

I am an American citizen married to an Egyptian. We are living in Cairo with our newborn baby. We would like to move back to the US. We are preparing to submit the I-30 and I-30a form so that once filed, we can apply for his spousal visa. I plan to go back to the States before him in May... my question is as I'm currently unemployed taking care of my daughter, I will need to put on the application that I'm unemployed and living in Cairo at the moment. We want to get the process started as soon as possible. But do I need/would it be wiser to wait until I'm back in the states and employed there to file these two forms? Or can we just get it out now?

 

Thanks for your help if anyone knows

 

[aleful 1,905]

you can start now, the i130 takes 5 to 9 months for approval

 

the process will take 12 to 14 months. the sooner you come back to get a job the better, if not you will need a joint sponsor or assets

 

 

[Nicole Tantawy 0]

Thank you!

[Jeanne Adil 1,651]

you need to establish residency in the US

you need 125% which is $25,975 (yearly) for 3 people

https://www.masslegalservices.org/content/federal-poverty-guidelines-2018

if you use cosponsor,  they need to include income for number of people in their family family plus your 3

 

you can start the process at any time as it will take over a year to complete so there is time to return to the US and seek place to live and an income

guide to application is at top of home page under guides 

incha allah

[NikLR 13,227]

9 hours ago, adil-rafa said:

you need to establish residency in the US

you need 125% which is $25,975 (yearly) for 3 people

https://www.masslegalservices.org/content/federal-poverty-guidelines-2018

if you use cosponsor,  they need to include income for number of people in their family family plus your 3

 

you can start the process at any time as it will take over a year to complete so there is time to return to the US and seek place to live and an income

guide to application is at top of home page under guides 

incha allah

The bolded is incorrect. The joint sponsor would only need to provide evidence of satifactory income or assets for their family and dependents  plus the immigrant.  The OP and her child are US citizens and are not included on the joint sponsor household count. 

 

OP be sure to obtain a CRBA and U.S. passport for your child ASAP.  

[pushbrk 12,975]

Being part of a household requires more than simply living in the same house.  Being counted as part of an income requirement is also different than being a qualifying household member combining income.  A person can be one without being the other.

[Nicole Tantawy 0]

ok, thanks so much

[Nicole Tantawy 0]

Another related question... As my daughter and I are moving back to the states before my husband this May, would it be wiser to send out the I-30 form once we're already living there, with a US address as our physical address. We wanted to get the ball rolling on this as soon as possible, so we were going to send it out completed today from Egypt with a US mailing address and physical address here. 

 

Does it matter?

 

Thanks

[Nicole Tantawy 0]

I will of course call to let USCIS know we've changed addresses and now live in the states once we arrive in May.

[Nicole Tantawy 0]

Hi. I'm married to an Egyptian living in Cairo and going through the process of getting a spousal visa so we can move back to the States. Before this I lived in Madrid for 12 years... My question is regarding tax history as having moved so much I'm not sure about all the records I have on me. When I apply for a spousal visa for my husband, do I need to show tax records from the years before leaving the States or while I was away. And do I need to show any foreign tax records or proof of employment while abroad? Besides just writing it on the form I-30 that I did or didn't work while abroad.

 

Thank you 

[Coco8 1,042]

Yes, you'll have to show tax records. 

 

You are supposed to pay US taxes even if you live abroad because you are a US citizen. They don't care about whether you paid foreign taxes. 

 

If you haven't paid taxes in 12 years you'll have to file back taxes. A lot of people in your same situation had to do it. Unless you made a lot of money,  I doubt you'll have to pay much or any at all. However, they will require it and it is better if you start now because it can take a while to do the back taxes and have everything approved. 

 

It is better that you realized now because many people realize at the consulate which is horrible because they have to do the tax thing and then go back to the consulate. 

 

 

 

 

 

 

 

[geowrian 22,337]

You will need to have filed US federal income tax returns for the past 3 years, and provide at least the most recent tax year's return. If you did not file because you were not required to file (i.e. below IRS thresholds), then you need to provide a signed statement stating the reason why and for what year(s). Note that USCs (and LPRs) are taxed on worldwide income. You may be eligible for the FEIE and/or Foreign Tax Credit to eliminate (or severely reduce) your tax liability, but that doesn't replace the need to file anyway. If you did not file and were required to file, then you need to take care of that before they can issue the visa.

 

The I-864 (Affidavit of Support) isn't needed until the case reaches NVC. So you can file the I-130 now and get that sorted out first, if needed.

 

If you filed US taxes but just don't have the records on you, you can still get the tax transcripts form the IRS directly: https://www.irs.gov/individuals/get-transcript. Actually, using the transcripts is simpler in general, so I suggest using them anyway.

 

On another note, are you currently living outside the US? If so, you must 1) show US domicile or sufficient intent to establish US domicile, and 2) you will likely need to use assets (at 3x the required income level) or a joint sponsor for the I-864.

[caliliving 606]

you dont need to pay taxes you need to file.

america wants to know how much you made abroad, but unless you made a substantial amount you wont pay taxes.

 

every year you are abroad you need to file US taxes for. so it sounds like you have 12 years of taxes to file:/ do that asap

[yuini 29]

These links might be useful

 

https://www.irs.gov/individuals/international-taxpayers/us-citizens-and-resident-aliens-abroad

 

References/Related Topics

• eFile 
• Expatriation Tax
  (for US citizens/residents who have renounced their US citizenship and long-term permanent residents who have ended their US resident status for federal tax purposes)
• Filing Requirements (for US citizens/residents abroad)
• Filing Prior Year Tax Returns 
• Foreign Earned Income
• Foreign Earned Income Exclusion (for US citizens/residents living and working outside the United States)
• Foreign Tax Credit (for US citizens/residents who paid or accrued foreign taxes to a foreign country on foreign source income)
• Forms and Publications
• Frequently Asked Questions (FAQs) About International Individual Tax Matters (for US citizens/residents abroad)
• Fulbright Grants
• Hong Kong Scheme 6000 Payments: FAQs
• Individuals Living in U.S. Possessions
• Moving Expenses (to and from the United States)
• Publication 54, Tax Guide for U.S. Citizens and Residents Abroad
• Publication 519, U.S. Tax Guide for Aliens
• Reporting Foreign Bank Accounts (FBAR)
• Social Security Agreements with Foreign Countries (Totalization Agreements)
• Social Security Tax Consequences of Working Abroad
• State Taxes (at the Federation of Tax Administrators site)
• Tax Information for Members of U.S. Armed Forces
• Tax Tips
• U.S. Government Civilian Employees Stationed Abroad
• Yearly Average Currency Exchange Rates
• Revocation or Denial of Passport in Case of Certain Unpaid Taxes

[yuini 29]

2 hours ago, Nicole Tantawy said:

Another related question... As my daughter and I are moving back to the states before my husband this May, would it be wiser to send out the I-30 form once we're already living there, with a US address as our physical address. We wanted to get the ball rolling on this as soon as possible, so we were going to send it out completed today from Egypt with a US mailing address and physical address here. 

 

Does it matter?

 

Thanks

It takes a really long time for them to approve and send NOA2. I'd suggest you file the petition so that it can have a February priority date. I believe that you can change your address later on.