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I'm a US citizen who moved to England in 2003. My fiancé and I are getting married in the UK in a couple months. I'm moving back to the US ahead of him to get a job and begin the visa process. Now for the dilemma. I was not aware I had to file US taxes and haven't since I've been in the UK. I've made an appointment with a US accountant who specialises in Americans living abroad. 

 

I would like to know if anyone else was unaware and how you sorted it out. 

 

Do my taxes need to be done BEFORE I begin the visa process? 

 

Thanks in advance :)

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You can start the process anytime. You won't be able to furnish a qualifying I-864 until the taxes are filed for at a minimum of the past 3 years.

I'm assuming you are doing DCF based on your profile and that you live in the UK. So the need for an I-864 won't come into play until the interview. So that buys you a few months until that comes into play, and you have about a year from that point onward to complete processing.


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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there is an exclusion for well over $100,000 for federal taxes (foreign tax credit )

However USC is still responsible for paying into SS and medicare

read IRS site

https://www.irs.gov/individuals/international-taxpayers/social-security-tax-consequences-of-working-abroad

 

When Social Security and Medicare Taxes Apply Outside of the United States

In general, U.S. social security and Medicare taxes continue to apply to wages for services you perform as an employee outside of the United States if one of the following applies:

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4 hours ago, geowrian said:

You can start the process anytime. You won't be able to furnish a qualifying I-864 until the taxes are filed for at a minimum of the past 3 years.

I'm assuming you are doing DCF based on your profile and that you live in the UK. So the need for an I-864 won't come into play until the interview. So that buys you a few months until that comes into play, and you have about a year from that point onward to complete processing.

I do have indefinite residential status in the UK, but I'm moving to Michigan ahead of him. I'll get a job, find a place to live and then starting the immigration process. I know we could apply with the US Embassy, but I need to return home sooner rather than later. 

 

Basically, you're saying I need at least 5 years of taxes from income while in the UK. 

 

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Posted (edited)
1 hour ago, am_rodriguez said:

I do have indefinite residential status in the UK, but I'm moving to Michigan ahead of him. I'll get a job, find a place to live and then starting the immigration process. I know we could apply with the US Embassy, but I need to return home sooner rather than later. 

 

Basically, you're saying I need at least 5 years of taxes from income while in the UK. 

 

 

You will cut off a significant amount of visa processing time plus the NVC hassles if you file the petition to London USCIS while still resident in the UK. Then you can leave while your husband finishes up getting his visa. 

 

You will need to fill out an affidavit of support which is going to ask for your tax return information for the three most recent years. That is your most immediate concern. Most likely you owe zero in US taxes if you worked strictly for a UK employer. But you have to provide the documentation of reporting (then excluding) that UK income on three US tax returns for your immigration affidavit of support.

 

Did you work in the U.K.? And did you earn at least $12,000 (in US dollars) in a year?

 

Edited by Wuozopo

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4 hours ago, am_rodriguez said:

That's helpful information, thank you very much :)

 

I've only worked for UK employers. However, since 2017 I've been solely a university student. 

 

 

So no income during a year means no income tax to file for that year. That lets you off doing a return for possibly 2017 and 2018.  

 

Also not enough income in a year also means not required to file. (IRS filing requirements)

2018 - Unmarried - $12,000

2017 - Unmarried - $11,950

2016 - Unmarried - $10,350

 

When you have a legal reason for not filing a tax return, you provide a signed statement behind the affidavit of support form in lieu of a copy of the tax return. Be detailed--

 

STATEMENT OF NO TAX RETURN

 

In 2017, I did not file a tax return. I was a student and earned only $4321.00 during the tax year, which falls below the IRS minimum of $11,950 required for filing.

In 2018, I did not file a tax return. I was a student and earned $0.00 during the tax year, which falls below the IRS minimum of $12,000 required for filing .

 

[signature]  [date]

Typed name

 

 

 

 

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33 minutes ago, Wuozopo said:

So no income during a year means no income tax to file for that year. That lets you off doing a return for possibly 2017 and 2018.  

 

Also not enough income in a year also means not required to file. (IRS filing requirements)

2018 - Unmarried - $12,000

2017 - Unmarried - $11,950

2016 - Unmarried - $10,350

 

When you have a legal reason for not filing a tax return, you provide a signed statement behind the affidavit of support form in lieu of a copy of the tax return. Be detailed--

 

STATEMENT OF NO TAX RETURN

 

In 2017, I did not file a tax return. I was a student and earned only $4321.00 during the tax year, which falls below the IRS minimum of $11,950 required for filing.

In 2018, I did not file a tax return. I was a student and earned $0.00 during the tax year, which falls below the IRS minimum of $12,000 required for filing .

 

[signature]  [date]

Typed name

 

 

 

 

Well that's good news!

 

My previous full-time job was from July 2014 until September 2017. The tax year in the UK is April to April. For the life of me I cannot remember what the US's is. 

 

You've been a great help, thank you so much :)

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23 minutes ago, am_rodriguez said:

My previous full-time job was from July 2014 until September 2017. The tax year in the UK is April to April. For the life of me I cannot remember what the US's is.

Calendar year: Jan. 1 - Dec. 31.


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, am_rodriguez said:

Well that's good news!

 

My previous full-time job was from July 2014 until September 2017. The tax year in the UK is April to April. For the life of me I cannot remember what the US's is. 

 

You've been a great help, thank you so much :)

 If you earned equivalent of $11,950 between Jan1 2017 and Sept 2017, then you need to file. You don't need documentation to mail in with it so just check bank records or figure it out from pay slips. I just did my best guess when I had to report my UK income on a US tax return. Whatever you earned will be excluded from taxation unless you are extremely wealthy, so mostly just an exercise to file. You could do it yourself by getting the 2017 forms AND instructions from IRS.GOV. Same for 2016, figure out your income Jan 1-Dec 31and get 2016 version of forms.

Form 1040

Form 2555EZ (Foreign Earned Income Exclusion)

 

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47 minutes ago, Wuozopo said:

 If you earned equivalent of $11,950 between Jan1 2017 and Sept 2017, then you need to file. You don't need documentation to mail in with it so just check bank records or figure it out from pay slips. I just did my best guess when I had to report my UK income on a US tax return. Whatever you earned will be excluded from taxation unless you are extremely wealthy, so mostly just an exercise to file. You could do it yourself by getting the 2017 forms AND instructions from IRS.GOV. Same for 2016, figure out your income Jan 1-Dec 31and get 2016 version of forms.

Form 1040

Form 2555EZ (Foreign Earned Income Exclusion)

 

Awesome thank you :) Luckily I have all my wage slips from that job.

 

Do I use the the total gross pay to add up how much I earned? 

 

 

 

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Posted (edited)
6 minutes ago, am_rodriguez said:

Awesome thank you :) Luckily I have all my wage slips from that job.

 

Do I use the the total gross pay to add up how much I earned? 

 

 

Yes and convert to US dollars at the exchange rate from 2017 when it was earned.

Edited by Wuozopo

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On 6/29/2019 at 7:21 AM, adil-rafa said:

there is an exclusion for well over $100,000 for federal taxes (foreign tax credit )

However USC is still responsible for paying into SS and medicare

read IRS site

https://www.irs.gov/individuals/international-taxpayers/social-security-tax-consequences-of-working-abroad

 

When Social Security and Medicare Taxes Apply Outside of the United States

In general, U.S. social security and Medicare taxes continue to apply to wages for services you perform as an employee outside of the United States if one of the following applies:

Doesn’t apply here

 

 

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On 6/29/2019 at 4:40 PM, am_rodriguez said:

Awesome thank you :) Luckily I have all my wage slips from that job.

 

Do I use the the total gross pay to add up how much I earned? 

 

 

 

 

 

Yes, convert to USD

 

You can use turbotax to file if you wish.  I always did while I was working out of the country.

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