Over 60 engaged couple seeking advice on Spousal Visa

[Umka36 781]

5 minutes ago, lmegac said:

Fortunately, I have income on a regular basis from investments, and the company I used to work for have a great inexpensive medical and have said they would look into myself or even both of us a part-time position.  Enough hours to get medical.  Also Costco have Medical Plans at really good rates.  I have used them previously.  I earn enough from that cover the amounts they are talking about being minimum.  While out of the USA I/we don't pay USA taxes, because I am out for more than 330 days per year.  South Africa have extremely high taxes as does Nigeria, so we are used to paying.

Do you still file your taxes even if a certain amount may be exempt?

 

Income from Abroad is Taxable

"Many United States (U.S.) citizens and resident aliens receive income from foreign sources. There have been recent reports about the interest of the Internal Revenue Service (IRS) in taxpayers with accounts in Liechtenstein. The interest of the IRS, however, extends beyond accounts in Liechtenstein to accounts anywhere in the world. Consequently, the IRS reminds you to report your worldwide income on your U.S. tax return."

 

https://www.irs.gov/businesses/income-from-abroad-is-taxable

[Boiler 43,583]

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[You Don't Know Me 6]

8 hours ago, missileman said:

The strongest evidence you can provide is that of time actually spent together as spouses.  

Actually, What USCIS likes to see isn't just time spent together as spouses, they like to have evidence of co-mingling your lives.

 

What is the difference? Co-mingling you lives means shared financial assets & responsibilities as well.

 

When I brought my ex-wife here we had only been physically together for 3 weeks including our wedding and honeymoon. I immediately got her added to a couple of my bank accounts and had debit cards issued which I sent to her and she used regularly. I also added her to my health insurance (no extra cost as I was already covering my 2 teenage children) .When she arrived we had 2 leases that listed us both and several Credit Cards as well as a third joint bank account.

 

During the CR-1 & ROC process there was never a question of our bonifides. Just share you lives like a real couple would and you shouldn't have an issue. Do note that once you are married if ever questioned at an Entry point don't deny it and be prepared to demonstrate your plans to exit without him trying to AOS in country.

[lmegac 2]

44 minutes ago, geowrian said:

The medical part is a big consideration (as are the taxes as noted above). This will play into the public charge risk the CO makes before issuing the visa.

What is your plan for the I-864 (affidavit of support) since it sounds like there is no income that will continue from the same source upon returning the the US? Sufficient assets? Joint sponsor?

Fortunately, I have income on a regular basis from investments, and the company I used to work for have a great inexpensive medical and have said they would look into myself or even both of us a part-time position.  Enough hours to get medical.  Also Costco have Medical Plans at really good rates.  I have used them previously.  I earn enough from that cover the amounts they are talking about being minimum.  While out of the USA I/we don't pay USA taxes, because I am out for more than 330 days per year.  South Africa have extremely high taxes as does Nigeria, so we are used to paying.

[lmegac 2]

23 minutes ago, Umka36 said:

Do you still file your taxes even if a certain amount may be exempt?

 

Income from Abroad is Taxable

"Many United States (U.S.) citizens and resident aliens receive income from foreign sources. There have been recent reports about the interest of the Internal Revenue Service (IRS) in taxpayers with accounts in Liechtenstein. The interest of the IRS, however, extends beyond accounts in Liechtenstein to accounts anywhere in the world. Consequently, the IRS reminds you to report your worldwide income on your U.S. tax return."

 

https://www.irs.gov/businesses/income-from-abroad-is-taxable

Yes income into the USA is taxable, but I am not living in the USA currently.  If you are out of the country you do not pay taxes on your income.  I do, however, pay my taxes each year and have an tax advisor do it for me.  He is actually a Professor at the local University.  He is well aware of my income and the amount of time I am out of country.  I also pay taxes on the interest on a small account I have in the United Kingdom.  So all above board here.  Not trying to evade the tax man

 

[lmegac 2]

21 minutes ago, You Don't Know Me said:

Actually, What USCIS likes to see isn't just time spent together as spouses, they like to have evidence of co-mingling your lives.

 

What is the difference? Co-mingling you lives means shared financial assets & responsibilities as well.

 

When I brought my ex-wife here we had only been physically together for 3 weeks including our wedding and honeymoon. I immediately got her added to a couple of my bank accounts and had debit cards issued which I sent to her and she used regularly. I also added her to my health insurance (no extra cost as I was already covering my 2 teenage children) .When she arrived we had 2 leases that listed us both and several Credit Cards as well as a third joint bank account.

 

During the CR-1 & ROC process there was never a question of our bonifides. Just share you lives like a real couple would and you shouldn't have an issue. Do note that once you are married if ever questioned at an Entry point don't deny it and be prepared to demonstrate your plans to exit without him trying to AOS in country.

This is very helpful.  We have been living together for 2.5 years.  We do have a credit card with both our names on.  I am not sure I can open a joint bank account with my fiance as he does not have a social security number.  I don't think he can get one until he is a resident?  As we are both living out of our own countries is is hard to have anything in our joint names.  We stay in a company sponsored apartment in a compound, we have a driver  and vehicle supplied.  We take turns in paying for airline tickets, or he send money to my American Account.  I suppose I could show those deposits?  thanks again.

[Umka36 781]

15 minutes ago, lmegac said:

Yes income into the USA is taxable, but I am not living in the USA currently.  If you are out of the country you do not pay taxes on your income.  I do, however, pay my taxes each year and have an tax advisor do it for me.  He is actually a Professor at the local University.  He is well aware of my income and the amount of time I am out of country.  I also pay taxes on the interest on a small account I have in the United Kingdom.  So all above board here.  Not trying to evade the tax man

 

Not saying you are trying to evade anything, but folks reading this need to understand what exemption you are qualifying under. Don't want to give the false impression that just being out of the country allows you to not pay taxes on your income. It depends on the amount you make, and the maximum exclusion amount for 2018 is $104,000.

 

"For this purpose, foreign earned income is income you receive for services you perform in a foreign country during a period your tax home is in a foreign country and during which you meet either the bona fide residence test or the physical presence test."

 

Foreign earned income exclusion

https://www.irs.gov/individuals/international-taxpayers/foreign-earned-income-exclusion-what-is-foreign-earned-income

 

 

 

[Umka36 781]

22 minutes ago, lmegac said:

This is very helpful.  We have been living together for 2.5 years.  We do have a credit card with both our names on.  I am not sure I can open a joint bank account with my fiance as he does not have a social security number.  I don't think he can get one until he is a resident?  As we are both living out of our own countries is is hard to have anything in our joint names.  We stay in a company sponsored apartment in a compound, we have a driver  and vehicle supplied.  We take turns in paying for airline tickets, or he send money to my American Account.  I suppose I could show those deposits?  thanks again.

Some banks don't require a SSN for joint accounts. Keep records of your shared costs, especially if it shows both your names on the airline tickets being purchased together. Do you happen to have life insurance and such together? Anything to show that you are a legitimate couple.

[carmel34 3,532]

44 minutes ago, lmegac said:

Yes income into the USA is taxable, but I am not living in the USA currently.  If you are out of the country you do not pay taxes on your income.  I do, however, pay my taxes each year and have an tax advisor do it for me.  He is actually a Professor at the local University.  He is well aware of my income and the amount of time I am out of country.  I also pay taxes on the interest on a small account I have in the United Kingdom.  So all above board here.  Not trying to evade the tax man

 

When filing your affidavit of support at the NVC stage, you are expected to file the three most recent years' of US tax returns, whether you paid anything in taxes or not.  Country of residence does not matter, as a US citizen you are required to file tax returns to the IRS regardless of where you live, even if 365 days a year outside the US.  You may want to file returns for the last three years before you submit the I-864 or you may run into problems at that stage of the process.  Good luck.

[Umka36 781]

3 minutes ago, carmel34 said:

When filing your affidavit of support at the NVC stage, you are expected to file the three most recent years' of US tax returns, whether you paid anything in taxes or not.  Country of residence does not matter, as a US citizen you are required to file tax returns to the IRS regardless of where you live, even if 365 days a year outside the US.  You may want to file returns for the last three years before you submit the I-864 or you may run into problems at that stage of the process.  Good luck.

Actually the OP has been filing based on what's shared, but not paying taxes on the income as the individual is using the foreign earned income exclusion which does have a limit.

Edited October 16, 2018 by Umka36

[lmegac 2]

I am pleased to say that I have Filed every single year, so no problems with filing any time.

 

Thank you for your comments.

[pushbrk 12,146]

12 hours ago, lmegac said:

 

I thought I read somewhere that you had to apply in the country you were married in, so was concerned about that. 

That applied only to the obsolete K3 spousal visa.  The visa can be applied for in the country of citizenship, or country of legal residence.  Based on your stated plan, file the petition a year and a half before you want to immigrate, then indicate you will apply for the visa in his home country AFTER you are retired.  That way, he/she can go home, wind up affairs and leave when ready.

[geowrian 22,336]

2 hours ago, Umka36 said:

Not saying you are trying to evade anything, but folks reading this need to understand what exemption you are qualifying under. Don't want to give the false impression that just being out of the country allows you to not pay taxes on your income. It depends on the amount you make, and the maximum exclusion amount for 2018 is $104,000.

^This. Being a USC means your are required to file and pay all taxes owed on your worldwide income. Usually one can exclude most to all of their taxable income via the FEIE and FTC so they don't owe taxes, but to state that "If you are out of the country you do not pay taxes on your income" is dangerously incorrect. It may (likely) apply  to the OP's situation, but we don't want somebody else to see the post and assume that it applies to their circumstances as well.

[pushbrk 12,146]

3 hours ago, You Don't Know Me said:

Actually, What USCIS likes to see isn't just time spent together as spouses, they like to have evidence of co-mingling your lives.

 

What is the difference? Co-mingling you lives means shared financial assets & responsibilities as well.

 

Evidence of co-mingling is on a list of possible evidence that comes after the words, "In addition to the required....".  For relative newlyweds they know this is not possible.  No matter what, the evidence of time spent together in person, is THE STRONGEST evidence of a bona fide relationship.  This evidence is, (in the vast majority of cases) is far more meaningful to a Consular Officer at interview, than to USCIS, in a visa case.  USCIS does not issue visas.

[NigeriaorBust 4,087]

 Older couples with prior assets and children are not expected to co mingle as much.  My children will get my estate.  His family will get his.