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Posted

Hi Everyone !

 

I am a US citizen married to a UK citizen and have been living in the UK for the last 6-7 years. I applied for my husband back in 2018 and he was given an interview in 2019 but because of my domicile it was rejected and were advised to contact again when we are planning to move. The Embassy put our application on hold till we were ready to move. I have sent in all the documents to the embassy in March 2021 as we are ready to move in July/August. It DQ on March 22nd and we are waiting for an interview. Based on the timeline, it seems like we will hear back sometimes in June/July. 

 

My question is, do I have to file US taxes as I am not living in the US and have 0 income. Also, my parents filed me under them for the last couple of years. 

 

Thanks ! 

Posted
5 minutes ago, EasyPeasy770 said:

Hi Everyone !

 

I am a US citizen married to a UK citizen and have been living in the UK for the last 6-7 years. I applied for my husband back in 2018 and he was given an interview in 2019 but because of my domicile it was rejected and were advised to contact again when we are planning to move. The Embassy put our application on hold till we were ready to move. I have sent in all the documents to the embassy in March 2021 as we are ready to move in July/August. It DQ on March 22nd and we are waiting for an interview. Based on the timeline, it seems like we will hear back sometimes in June/July. 

 

My question is, do I have to file US taxes as I am not living in the US and have 0 income. Also, my parents filed me under them for the last couple of years. 

 

Thanks ! 

It is key for you to file your US taxes whilst living abroad. I have just been approved but was given a 221g because my wife who has been living in the UK for the last 4 years didn’t have her tax transcripts even though her US income was zero.

i would file your taxes retrospectively. If you could do this online it would be much better as the IRS will process it quickly. However if you send by post there is no chance that they will process it time.

if the latter, I would upload to ceac your signed tax returns, proof of postage and a letter explaining why you have only filed your taxes now.

 

Posted
1 hour ago, Charlie87 said:

It is key for you to file your US taxes whilst living abroad. I have just been approved but was given a 221g because my wife who has been living in the UK for the last 4 years didn’t have her tax transcripts even though her US income was zero.

i would file your taxes retrospectively. If you could do this online it would be much better as the IRS will process it quickly. However if you send by post there is no chance that they will process it time.

if the latter, I would upload to ceac your signed tax returns, proof of postage and a letter explaining why you have only filed your taxes now.

 

Thank you for answering.

 

Another question: 

My documents are currently with the US Embassy in the UK. Before March CEAC update showed the visa was "refused" but now after sending in the documents it shows "ready". Also, my AIS.USVisa account status shows "sending documents" even though I already sent it and CEAC has been updated. I am not sure which status I should go with? 

 

Do you have any idea which one is accurate when it comes to interview stage?

 

Thanks again. 

Filed: Citizen (apr) Country: England
Timeline
Posted
2 hours ago, EasyPeasy770 said:

My question is, do I have to file US taxes as I am not living in the US and have 0 income. Also, my parents filed me under them for the last couple of years. 

You have to report worldwide income. If you do not work in the UK or US or receive any investment income, then there is no reason to file. You also don’t need to file if you earned a little bit, but it was under the filing threshold for Married Filing Separately. But instead of a tax return with your I-864, you have to write a statement in it’s place for each year you didn’t file stating why you were not required to file. 
 

Did you get the US stimulus checks? 

Posted
3 hours ago, Wuozopo said:

You have to report worldwide income. If you do not work in the UK or US or receive any investment income, then there is no reason to file. You also don’t need to file if you earned a little bit, but it was under the filing threshold for Married Filing Separately. But instead of a tax return with your I-864, you have to write a statement in it’s place for each year you didn’t file stating why you were not required to file. 
 

Did you get the US stimulus checks? 

Thank you for your response.

 

I do work in the UK but work part-time and under the threshold for UK tax which probably means under US tax. 

I did not file for taxes because I do not earn anything in the US and I am listed under my parents who file for taxes. Is that a reasonable statement. 

 

I did not receive a stimulus check but because I am listed under my parents they did receive one for me. 

 

Thanks. 

Filed: Citizen (apr) Country: England
Timeline
Posted
1 hour ago, EasyPeasy770 said:

Thank you for your response.

 

I do work in the UK but work part-time and under the threshold for UK tax which probably means under US tax. 

I did not file for taxes because I do not earn anything in the US and I am listed under my parents who file for taxes. Is that a reasonable statement. 

 

I did not receive a stimulus check but because I am listed under my parents they did receive one for me. 

 

Thanks. 

You have to file a US tax return and report the UK income on it. Your parents are probably claiming you as a dependent child that they are supporting. You can get the full stimulus payments for yourself ($1200, $600, $1400). If you get an ITIN number for your spouse, you can collect ($1200, $1200, $2800) Whereas your parents are collecting ($500, $600, $1400) because you are their dependent.
 

The topic is best further discussed in the Tax and Finance forum. It not about getting an interview date. Start a new post there. I answer tax topics there.

Filed: Citizen (apr) Country: Ireland
Timeline
Posted

***** post and replies split from other thread about another issue and moved to CR-1 forum as applicable in all countries.  Please ask questions about your own case in your own thread. ******

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

Filed: Citizen (apr) Country: England
Timeline
Posted
On 4/21/2021 at 12:30 PM, EasyPeasy770 said:

 

I do work in the UK but work part-time and under the threshold for UK tax which probably means under US tax. 

I did not file for taxes because I do not earn anything in the US and I am listed under my parents who file for taxes. Is that a reasonable statement. 

That is not a reasonable statement because if you earn more than $5 (Married Filing Separately) even in another country, you have to file a US tax return and report those UK earnings. So saying you live and work in another country would be rejected as a reason for not filing.  Furthermore as stated before, your parents are just collecting money and tax benefits for listing you as a dependent. They aren’t reporting your income (earned in UK). So another invalid reason for not filing your own return. Your UK income has to be reported on a US tax return. You can take the Foreign Earned Income Credit by adding Form 2555 to your return.  Then your tax owed will be $0. But you must file before your husband’s visa can be approved. Your affidavit of support (I-864) requires a tax return or a reason the IRS does not require you to file. You have no valid reason. I’m surprised NVC did not catch that missing piece to your I-864. Or did you send your I-130 Petition to London thus skipping NVC?

 
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