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Proof of income : duel citizen (Canada&US) patitioner filing tax to irs before filing I-864?

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Hello all

 

After hours and hours of surfing around IRS pages and internet forums I have decided to ask some questions here in case there's anyone who are having similar problems of mine!

 

My husband, petitioner has dual citizenship in Canada and the US, (His mother was Canadian and father is American.)

He had lived in Canada since his birth, lived and worked until Dec 2017.

He got his SSN and American Passport issued around Nov 2017 when we went down for our cousin's wedding.

He moved down to the States Dec2017 and has been working since.

We have business together and we are closing the business this year 2018. (so he has income from Canada this year 2018)

He has never filed his income in the States.

He has been keeping all his paystubs and can request a letter of employment from his work.

 

Now our petition is approved (Oct 2018) and we are in NVC stage now.

the next step is filing I-864 but since he has never filed the tax in the States yet, he doe not have the tax return record.

We have looked and looked about the filing the previous income from CANADA, some pages says 3 years some says 6 years. which is not a problem since we can request Canadian tax agency for the information. 

I am thinking maybe we will have to wait until January to file 2018 tax, But as you all know, it will take a while to get the papers from the work and report and than wait until it is ready for record to submit to NVC.. we will have to wait another 2 month...

 

Here are the questions

1. Can he file his previous income (3 or 6years of Canadian tax report) in the month of December?

or

2. Can we submit CRA(Canadian tax agency) tax record for previous income + submit paystubs (2018) and a letter of employment. the I-864

 

anyone had similar situations? or any advice would be much appreciated!

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I'll have to defer on the Canadian taxes item...I'm not familiar with their tax practices.

 

As for the I-864...

Has he not been filing his US taxes? Since he only recently got an SSN (and didn't qualify for an ITIN), I'm assuming not.

USCs are taxed on worldwide income. Usually all off this income under ~$100k/year can be excluded via the Foreign Earned Income Exclusion, and double taxation can be avoided via the Foreign Tax Credit.

Even if one does not owe taxes, they are required to file a return to claim the FEIE and/or FTC if they are earning above the minimum IRS thresholds.

 

Canadian tax returns aren't required for the I-864 and won't really add to the case. He will be required to file at least the past 3 years of taxes for I-864 purposes before he qualifies to be an I-864 sponsor (which he must be as the petitioner). At least the most recent year's income tax return copy is required, with the 2 years prior to that being optional.

Either way, the past 3 years must be filed if one is required to file.

The paystubs + letter of employment would be the best evidence of current income to include.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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8 hours ago, geowrian said:

I'll have to defer on the Canadian taxes item...I'm not familiar with their tax practices.

 

As for the I-864...

Has he not been filing his US taxes? Since he only recently got an SSN (and didn't qualify for an ITIN), I'm assuming not.

USCs are taxed on worldwide income. Usually all off this income under ~$100k/year can be excluded via the Foreign Earned Income Exclusion, and double taxation can be avoided via the Foreign Tax Credit.

Even if one does not owe taxes, they are required to file a return to claim the FEIE and/or FTC if they are earning above the minimum IRS thresholds.

 

Canadian tax returns aren't required for the I-864 and won't really add to the case. He will be required to file at least the past 3 years of taxes for I-864 purposes before he qualifies to be an I-864 sponsor (which he must be as the petitioner). At least the most recent year's income tax return copy is required, with the 2 years prior to that being optional.

Either way, the past 3 years must be filed if one is required to file.

The paystubs + letter of employment would be the best evidence of current income to include.

Very interesting.  I was wondering about that.  I've seen a lot of "my petitioner doesn't need to file taxes because..."  I didn't think it was that easy.  I thought there is some paperwork required to be filed every year even if that is just for a tax waiver.


June 6,  2017 - Filed the K-1

April 20, 2018 - K-1 refused

June 11, 2018 - Got married in Pateros, Metro Manila

September 10, 2018 - Filed the CR-1

September 11, 2018 - Priority Date

September 14, 2018 -  NOA-1

 

 

PHILIPPINES ONLY!!!  CFO (Commission on Filipinos Overseas) INFO - Can't leave home without it!

 

PDOS (Pre-Departure Registration and Orientation Seminar) is for ages 20-59.  Peer Counseling is for 13-19 years of age.

It is required to have the visa in their passport for PDOS and Peer Counseling.

 

GCP (Guidance and Counseling Program) is for K-1 Fiancee and IR/CR-1 spouse ONLY.   These are the only ones that can attend the seminar without their visa.

 

 

IMG_7714.jpg.2782f301709f81dd223fe1b62d085472.jpg

 

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13 minutes ago, John & Rose said:

Very interesting.  I was wondering about that.  I've seen a lot of "my petitioner doesn't need to file taxes because..."  I didn't think it was that easy.  I thought there is some paperwork required to be filed every year even if that is just for a tax waiver.

If somebody didn't work that year, or worked but earned less than a minimum amount (I think around $4,000 if MFS, $12,000 if Single), then a return isn't required to be filed.

If they earned more than those thresholds, then they need to file. Theoretically, they could file and not claim the FEIE or FTC and would therefore likely owe taxes. As such, they need to file in order to claim those and reduce/eliminate their tax liability.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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1 hour ago, John & Rose said:

Very interesting.  I was wondering about that.  I've seen a lot of "my petitioner doesn't need to file taxes because..."  I didn't think it was that easy.  I thought there is some paperwork required to be filed every year even if that is just for a tax waiver.

Didn’t say ‘didn’t need to’ and we have tried  but it seems like simple thing as filing tax need so much ground work.

but guess there are so many different cases

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10 hours ago, geowrian said:

I'll have to defer on the Canadian taxes item...I'm not familiar with their tax practices.

 

As for the I-864...

Has he not been filing his US taxes? Since he only recently got an SSN (and didn't qualify for an ITIN), I'm assuming not.

USCs are taxed on worldwide income. Usually all off this income under ~$100k/year can be excluded via the Foreign Earned Income Exclusion, and double taxation can be avoided via the Foreign Tax Credit.

Even if one does not owe taxes, they are required to file a return to claim the FEIE and/or FTC if they are earning above the minimum IRS thresholds.

 

Canadian tax returns aren't required for the I-864 and won't really add to the case. He will be required to file at least the past 3 years of taxes for I-864 purposes before he qualifies to be an I-864 sponsor (which he must be as the petitioner). At least the most recent year's income tax return copy is required, with the 2 years prior to that being optional.

Either way, the past 3 years must be filed if one is required to file.

The paystubs + letter of employment would be the best evidence of current income to include.

Thank you for your reply!

 

I knew it’s either way but still trying to find a way to shorten the process.

time to call IRS! 

 

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10 hours ago, Jiwon said:

Hello all

 

After hours and hours of surfing around IRS pages and internet forums I have decided to ask some questions here in case there's anyone who are having similar problems of mine!

 

My husband, petitioner has dual citizenship in Canada and the US, (His mother was Canadian and father is American.)

He had lived in Canada since his birth, lived and worked until Dec 2017.

He got his SSN and American Passport issued around Nov 2017 when we went down for our cousin's wedding.

He moved down to the States Dec2017 and has been working since.

We have business together and we are closing the business this year 2018. (so he has income from Canada this year 2018)

He has never filed his income in the States.

He has been keeping all his paystubs and can request a letter of employment from his work.

 

Now our petition is approved (Oct 2018) and we are in NVC stage now.

the next step is filing I-864 but since he has never filed the tax in the States yet, he doe not have the tax return record.

We have looked and looked about the filing the previous income from CANADA, some pages says 3 years some says 6 years. which is not a problem since we can request Canadian tax agency for the information. 

I am thinking maybe we will have to wait until January to file 2018 tax, But as you all know, it will take a while to get the papers from the work and report and than wait until it is ready for record to submit to NVC.. we will have to wait another 2 month...

 

Here are the questions

1. Can he file his previous income (3 or 6years of Canadian tax report) in the month of December?

or

2. Can we submit CRA(Canadian tax agency) tax record for previous income + submit paystubs (2018) and a letter of employment. the I-864

 

anyone had similar situations? or any advice would be much appreciated!

As a US citizen, your husband should have filed US tax returns as required.  US citizens must report worldwide income even if nothing is earned in the US.  Your husband will need to file US income tax returns for years 2015, 2016, and 2017.  He can file them now.  If he does not file these tax returns, he is not eligible to petition for you. 

 

His Canadian tax returns are useless for the I-864.

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2 minutes ago, Jiwon said:

Thank you for your reply!

 

I knew it’s either way but still trying to find a way to shorten the process.

time to call IRS! 

 

The IRS does not offer tax advice.  You will not get any help from them.


Your husband has to file US tax returns for years 2015, 2016, and 2017 on his worldwide income.  Without these tax returns, you are ineligible to immigrate to the US through him.  

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2 hours ago, Jiwon said:

Didn’t say ‘didn’t need to’ and we have tried  but it seems like simple thing as filing tax need so much ground work.

but guess there are so many different cases

I was actually not commenting directly about your case.  It was just something that I have seen lately so I wanted to ask the question.


June 6,  2017 - Filed the K-1

April 20, 2018 - K-1 refused

June 11, 2018 - Got married in Pateros, Metro Manila

September 10, 2018 - Filed the CR-1

September 11, 2018 - Priority Date

September 14, 2018 -  NOA-1

 

 

PHILIPPINES ONLY!!!  CFO (Commission on Filipinos Overseas) INFO - Can't leave home without it!

 

PDOS (Pre-Departure Registration and Orientation Seminar) is for ages 20-59.  Peer Counseling is for 13-19 years of age.

It is required to have the visa in their passport for PDOS and Peer Counseling.

 

GCP (Guidance and Counseling Program) is for K-1 Fiancee and IR/CR-1 spouse ONLY.   These are the only ones that can attend the seminar without their visa.

 

 

IMG_7714.jpg.2782f301709f81dd223fe1b62d085472.jpg

 

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Moved from Progress Reports to Process & Procedures.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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On 12/11/2018 at 12:50 PM, Jiwon said:

 

I knew it’s either way but still trying to find a way to shorten the process.

time to call IRS! 

 

Just contact a qualified US Tax Preparation Service.  Don't confuse "taxes" with "tax returns".  He needs to file three tax returns.  He may or may not owe any taxes.


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Understanding the big picture is priceless. Anonymous

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On 12/11/2018 at 12:52 PM, aaron2020 said:

As a US citizen, your husband should have filed US tax returns as required.  US citizens must report worldwide income even if nothing is earned in the US.  Your husband will need to file US income tax returns for years 2015, 2016, and 2017.  He can file them now.  If he does not file these tax returns, he is not eligible to petition for you. 

 

His Canadian tax returns are useless for the I-864.

The sentence in bold above is incorrect.  He can't properly provide an affidavit of support without filing at least three tax returns.  It has nothing to do with "petitioning".  The affidavit of support is not submitted with a spouse visa petition.

 

Edited by pushbrk

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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On 12/11/2018 at 10:47 AM, John & Rose said:

Very interesting.  I was wondering about that.  I've seen a lot of "my petitioner doesn't need to file taxes because..."  I didn't think it was that easy.  I thought there is some paperwork required to be filed every year even if that is just for a tax waiver.

It's that easy when it's true.  Whether it is true, depends on actual circumstances.  Advice of value given here WILL match the actual circumstances.  When it doesn't, then it isn't "valuable".


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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