Fastest way to file tax returns for I-864

[elizabethm91 0]

Hi all,

I am a dual US/Australian citizen who has been living in Australia for 20 years (since I was 8 years old) and never filed taxes nor worked in the US.

 

I have filed the i-130 under exceptional circumstances to petition my spouse here in Sydney so that we can move over together to the US. I have a job offer that starts in 3 months time. 

 

Since reading about next steps and reading lots of things on this forum, I believe I now need to file my tax return in order to fill out the I-864 form correctly. 

 

Does anyone know the quickest way to file my taxes for the past 3 years? I will also have to file the FBAR forms for the past 6 years I believe since I wasn't aware I also had to do that. 

 

My interview to file the I-130 in person is on the 5th February so am hoping I can somehow get proof I've submitted the tax returns ASAP.

 

Any recommendations very welcome!

 

Thank you! 

[Wuozopo 4,285]

11 hours ago, elizabethm91 said:

Hi all,

I am a dual US/Australian citizen who has been living in Australia for 20 years (since I was 8 years old) and never filed taxes nor worked in the US.

 

I have filed the i-130 under exceptional circumstances to petition my spouse here in Sydney so that we can move over together to the US. I have a job offer that starts in 3 months time. 

 

Since reading about next steps and reading lots of things on this forum, I believe I now need to file my tax return in order to fill out the I-864 form correctly. 

 

Does anyone know the quickest way to file my taxes for the past 3 years? I will also have to file the FBAR forms for the past 6 years I believe since I wasn't aware I also had to do that. 

 

My interview to file the I-130 in person is on the 5th February so am hoping I can somehow get proof I've submitted the tax returns ASAP.

 

Any recommendations very welcome!

 

Thank you! 

You will need tax returns as a requirement with the I-864. But they will not show sufficient income to sponsor your husband. Your current Australian job/salary will not count because it ends when you immigrate. You will need a joint sponsor who lives in the US, or assets equaling 3 times the salary requirement. 

 

This post https://www.visajourney.com/forums/topic/727481-filing-2018-taxes-by-paper/?do=findComment&comment=9984316 shows an example of a 2018 return of another US citizen living in a foreign country. He's still working on it, but looking at the Form 1040, you can see his salary (converted to US dollars) is reported as $24,103 on Line 1. Then on line 6 it is excluded, leaving his total income as zero. That line 6 is where one needs to qualify on salary or come up with a joint sponsor or some savings/assets.  For the purpose of filling out the Affidavit of Support I-864, you can put $0 in the blanks asking for figures off your last 3 years of tax returns because that's what your returns will show. All you need for an interview is a photocopy of the most recent (2018) return.  It's not a difficult tax return to do, but with no previous US tax return experience, it'll boggle your mind. All the previous year's forms and instructions are found on IRS.gov. 

 

You will need

Form 1040-  Here's the 117 pages of instructions https://www.irs.gov/pub/irs-prior/i1040gi--2018.pdf

Schedule 1- Instructions are included in above

Form 2555EZ-  The instructions https://www.irs.gov/pub/irs-prior/i2555ez--2018.pdf

 

 

[elizabethm91 0]

Thanks for your reply. I have 3 times the salary in savings so I believe I won't need a joint sponsor?

 

Thanks so much for the tips. My main concern though is filing my US taxes ASAP so that I can have proof on my I-864 that I have filed taxes. Would you recommend any companies/accountants that are speedy?

Or do you think the consulate would be ok if I had some sort of proof that I had filed but they haven't been received or processed yet?

 

[Wuozopo 4,285]

On 12/30/2019 at 9:03 PM, elizabethm91 said:

Thanks for your reply. I have 3 times the salary in savings so I believe I won't need a joint sponsor?

 

Thanks so much for the tips. My main concern though is filing my US taxes ASAP so that I can have proof on my I-864 that I have filed taxes. Would you recommend any companies/accountants that are speedy?

Or do you think the consulate would be ok if I had some sort of proof that I had filed but they haven't been received or processed yet?

 

 

I do not know any tax accountants. My wife (the American) has always done the taxes herself. 

 

No matter how quickly you file, the IRS says it takes them about 6 weeks to process a past due return. Furthermore, they don't inform you that they have completed a return or give you any proof of filing when they receive it. Eventually they will have a tax transcript prepared and available to download.  If you can mail with some kind of tracking, you could have proof it was delivered to the IRS address. I think that's about the best you can do asap. 

 

The instructions for the I-864 says you can submit a photocopy of your paper return (all pages). I would copy it after it was signed and dated,  along with the mailing envelope and and tracking documentation. 

 

I have no idea what the Sydney consulate typically accepts so I read a few reviews of interviews. It was mentioned more than once they want transcripts from the IRS, not photocopies of your return. Another person mentioned having enough assets to sponsor but the officer still insisted they have a joint sponsor. 

 

Your situation is unique so maybe the officer will make an exception for you. You have lived in Australia since childhood.  You may not know anybody in the US to joint sponsor. But you do have a job offer which you can photocopy that shows you will have American income very soon so they know you won't arrive destitute and remain that way. You can bring statements showing your assets. You can also explain the difficulty in preparing a tax return and getting a transcript quickly. They may have some sympathy or may pause your spouse's visa approval until you can get a transcript.  It's not like you are using that tax return to show income qualifying you on salary.  It is going to show zero income so creating a fake return and photocopying it would not benefit you. (That's why they want a transcript to verify the salary one shows on their return).  You just need a tax return because the law says you have to submit one whether it qualifies you or not. 

 

Prepare the best packet of info you can for the interview. Make sure your husband understands it completely because he will be the one there discussing the situation. Yes a photocopy of the tax return can be accepted. Yes you can sponsor on assets. Both are stated in the I-864 instructions. And tell him to turn on his charm so they go along with it. Then you just see if they have pity on your unique situation of living in Australia or hold the visa until they get something more sent in.  

[Raquel Sanchez 0]

Hi Elizabeth,

 

Since you are still a US citizen,  you are supposed to file your tax returns once you started earning income in Australia.  US citizens and residents are tax on their worlwide income and they need to file their tax returns every year like any other US citizens or residents. You should get the services of an Enrolled Agent or a CPA who does US tax returns. As an Enrolled Agent myself, we pay for professional software and subcribed to services that can e-file previous returns to the IRS for our clients.  But if you choose to DIY, your only option is to paper file.  It seems you have a lot of catching up to do with regards to tax compliance. Please be aware that there will penalties and interests if you owe taxes.

 

There's also reporting requirement for US citizens who have foreign bank accounts totalling $10,000 or more anytime of the year to be submitted to the Treasury Department. You can google FBAR about it.

[FA081 9]

On 12/30/2019 at 11:42 AM, elizabethm91 said:

Hi all,

I am a dual US/Australian citizen who has been living in Australia for 20 years (since I was 8 years old) and never filed taxes nor worked in the US.

 

I have filed the i-130 under exceptional circumstances to petition my spouse here in Sydney so that we can move over together to the US. I have a job offer that starts in 3 months time. 

 

Since reading about next steps and reading lots of things on this forum, I believe I now need to file my tax return in order to fill out the I-864 form correctly. 

 

Does anyone know the quickest way to file my taxes for the past 3 years? I will also have to file the FBAR forms for the past 6 years I believe since I wasn't aware I also had to do that. 

 

My interview to file the I-130 in person is on the 5th February so am hoping I can somehow get proof I've submitted the tax returns ASAP.

 

Any recommendations very welcome!

 

Thank you! 

Hi Elizabeth!

 

i am in the exact same position as you except living in the UK.

 

Have you figured out how to do your taxes etc? I’m boggled by the numbers and forms and whatnot, so hoping you could shed some light on how to do this horrendous paperwork in the simplest manner. 
 

Applying for the I-130 this month so I’m guessing taxes need to be done from 2017 until now.. Any tips or advice from what you’ve found will be greatly appreciated. :) 

[elizabethm91 0]

Hi there,

 

Ah it was a nightmare! So had to pay a tax accountant experienced in expat US taxes to file 2016, 2017 and 2018 taxes as well as 2013 - 2019 FBAR forms. 

 

I had to submit my Australian tax returns and any other documents the accountant needed, some payslips etc.

 

I also had to submit info on all my bank accounts from 2013 - 2019 including superannuation (retirement fund) amounts. For the bank accounts I had to get the highest number during that calendar year in each of the accounts as well as the amounts at Dec 31. 

 

My husband recently had his green card visa interview and I noticed they took the 2019 tax return paperwork as well as evidence of cash assets from my Aus bank accounts. My job offer salary was also much higher than the income threshold so I think a combination of those helped. THey didn't even ask any questions about it all. I was pretty stressed about the tax stuff but no questions. When I had my interview to petition for I-130, I asked the officer if I could submit my tax return instead of the tax transcripts since I"ve heard it can take min 6 weeks to get and he said submit the actual tax return so that's what I did.

 

If you have any questions just ask! Was painful but am nearly on the other side of it! We move to the US in a few weeks so fingers crossed all goes well.

 

Also all the paperwork submitted for my husban'ds green card visa interview is in a brown sealed envelope that we need to give the immigration officer when we enter the country.

 

 

[Just Paul 4,591]

Glad you were able to get it done!

[elizabethm91 0]

Thank you Me too