i-865 Affadavit - Tax Return Question

[Rosiek1 0]

Hi all,

 

Quick question. the affadavit asks if we filed taxes over the past three years. In 2015, I did not as I lived in England and didn't have a job in America.

 

It turns out that is a problem - do you think I need to go back and late file for that year? Even though I am not filing anything?

 

I am worried that it will hurt my husband's application if I don't have a tax return for that year...

[Roel 7,192]

As US citizen you're required to file taxes no matter where you live or work. 

 

If you worked, then you need to file past taxes. 

[Rosiek1 0]

Just now, Roel said:

As US citizen you're required to file taxes no matter where you live or work. 

 

If you worked, then you need to file past taxes. 

Hi there, I was working in England during that year. Should I still late file, just to be safe for the affadavit? Thanks for helping!

[Roel 7,192]

Yes. 

[geowrian 22,337]

Yes. Having filed for at least the past 3 years (if one was required to file, which it sounds like you were) is a requirement for the I-864.

[Wuozopo 4,293]

1 hour ago, Rosiek1 said:

Hi there, I was working in England during that year. Should I still late file, just to be safe for the affadavit? Thanks for helping!

 It's not just to be safe. It is required for the Affidavit of Support when you adjust status and it's required by the IRS. 

 

 

[Limonata 46]

What they said is correct. My husband worked in a different country(Philippines) for 11 years and he still has to file US taxes.

 

The documents we submitted regarding  his taxes for my AOS were the following :

1. Form 1040- US individual income tax return

2. Form 2555- Declaration of Foreign Earned Income

3. Certificate of Final Tax Withheld at Source (Tax Form from the Philippines )

 

We are very fortunate that his Dad is a CPA so he took care of all the paperwork for us, year after year. 

 

Hope this helps. 

 

[Rosiek1 0]

9 minutes ago, Limonata said:

What they said is correct. My husband worked in a different country(Philippines) for 11 years and he still has to file US taxes.

 

The documents we submitted regarding  his taxes for my AOS were the following :

1. Form 1040- US individual income tax return

2. Form 2555- Declaration of Foreign Earned Income

3. Certificate of Final Tax Withheld at Source (Tax Form from the Philippines )

 

We are very fortunate that his Dad is a CPA so he took care of all the paperwork for us, year after year. 

 

Hope this helps. 

 

Hi there,

 

thanks for your detailed reply! I did end up late filing with a 1040. However, I did not do a declaration of foreign earned income. based on turbotax, i dont think its mandatory.

 

It worked for me in other years, so fingers crossed...

[Limonata 46]

1 hour ago, Rosiek1 said:

Hi there,

 

thanks for your detailed reply! I did end up late filing with a 1040. However, I did not do a declaration of foreign earned income. based on turbotax, i dont think its mandatory.

 

It worked for me in other years, so fingers crossed...

Definitely. We only did it this way because his dad insisted we do it by the book. You know coz he’s a CPA. Hopefully it works out for you.