221g requesting w2 and tax returns

[Jamie Kirkpatrick 2]

My US citizen wife came to Northern Ireland as a student, she also is in possession of an Irish passport thanks to her parents. She has been living in Northern Ireland since 2018 and started working in 2020. Because of this we filed directly through London Embsay.

However after attending my interview on the 27th of Feb, I was informed that all my documents were in order, but was given a 221g for submit more documents via courier. The form asked for was a w2 and tax return from my wife for 2021. She does not have either as she has not filed taxes or worked in the US. The interviewer informed me that she should have still filed even though she did not work in the states.

Does my wife need to try and back file taxes to the IRS for her time in Northern Ireland or as the interviewer said can she send a letter explaining why she has not filed, or will a uk p60 be needed to prove taxes paid? She has previously recieved a tax refund here in the UK.

[MMDG 106]

you must file a US federal tax return and pay US taxes on your worldwide income no matter where you live at that time

[Jamie Kirkpatrick 2]

2 minutes ago, MMDG said:

you must file a US federal tax return and pay US taxes on your worldwide income no matter where you live at that time

I understand this now. The interviewer said it is possible to write a letter to explain why it has not been done and that should be OK, but will my wife need to file taxes before moving back to the states?

[texcal 9]

13 minutes ago, Jamie Kirkpatrick said:

I understand this now. The interviewer said it is possible to write a letter to explain why it has not been done and that should be OK, but will my wife need to file taxes before moving back to the states?

I am guessing the consular officer was referring to a case in which she was not required to file taxes (for example certain disability compensation cases etc - in those cases you must write a written statement why you didn’t file and back it up with proof under what IRS exemption you fall) which happens but is rare.
 

If she works she must file taxes generally - independent of where she works in the world.

[Jamie Kirkpatrick 2]

13 minutes ago, texcal said:

I am guessing the consular officer was referring to a case in which she was not required to file taxes (for example certain disability compensation cases etc - in those cases you must write a written statement why you didn’t file and back it up with proof under what IRS exemption you fall) which happens but is rare.
 

If she works she must file taxes generally - independent of where she works in the world.

I'm not sure what he was referring to, I wish I had of asked when there, he just stated to write a letter on why it was not filed, however there is no reason apart from her not knowing she had to file, I'm assuming the only was now is to back file her taxes?

[Sarah&Facundo 577]

Regardless of immigration, as a USC she is always required to file taxes. She would likely qualify for a credit if she has paid taxes elsewhere, but it is a known requirement for those living abroad that they must file. So she needs to fix that immediately anyway. To my understanding, tax returns are also required for immigration purposes too. 

Edited March 1, 2023 by Sarah&Facundo

[Crazy Cat 39,583]

4 hours ago, Jamie Kirkpatrick said:

The interviewer said it is possible to write a letter to explain why it has not been done and that should be OK,

There is no valid reason taxes were not filed.  The interviewer is in error.  Taxes must be filed.  Had she not been REQUIRED to file, a letter would have been appropriate.  I would back-file for the past 3 years immediately, and submit a copy of the 1040 package. 

Edited March 1, 2023 by Crazy Cat

[Jamie Kirkpatrick 2]

7 minutes ago, Crazy Cat said:

There is no valid reason taxes were not filed.  The interviewer is in error.  Taxes must be filed.  Had she not been REQUIRED to file, a letter would have been appropriate.  I would back-file for the past 3 years immediately, and submit a copy of the 1040 package. 

Thank you so much! I have no knowledge of us tax system and my wife came here as a student not knowing either, massive mistake. We will take action immediately.

[JeanneAdil 6,242]

she needs to file for 2020, 2021 and 2022 each with a form 2555 as UK is part of the tax treaty ($107,600 for 2020) with the following for the next years

 

However, you may qualify to exclude your foreign earnings from income up to an amount that is adjusted annually for inflation ($107,600 for 2020, $108,700 for 2021, $112,000 for 2022, and $120,000 for 2023).Nov 14, 2022

 

she will not have to pay into medicare on SS on foreign income

 

but her foreign income is not counted to support the visa so i hope u have a qualified US joint sponsor

[Jamie Kirkpatrick 2]

11 minutes ago, JeanneAdil said:

she needs to file for 2020, 2021 and 2022 each with a form 2555 as UK is part of the tax treaty ($107,600 for 2020) with the following for the next years

 

However, you may qualify to exclude your foreign earnings from income up to an amount that is adjusted annually for inflation ($107,600 for 2020, $108,700 for 2021, $112,000 for 2022, and $120,000 for 2023).Nov 14, 2022

 

she will not have to pay into medicare on SS on foreign income

 

but her foreign income is not counted to support the visa so i hope u have a qualified US joint sponsor

Yes I was told at embassy my sponsor and joint sponsor cover me but that I just require my wife's completed i-864. They kept my passport and told me to send forms by courier, and after that my visa will be issued. He specifically said that my parents in laws I-864 and I-864a were all OK and just required their W2.

Edited March 1, 2023 by Jamie Kirkpatrick

[JeanneAdil 6,242]

5 minutes ago, Jamie Kirkpatrick said:

Yes I was told at embassy my sponsor and joint sponsor cover me but that I just require my wife's completed i-864. They kept my passport and told me to send forms by courier, and after that my visa will be issued. He specifically said that my parents in laws I-864 and I-864a were all OK and just required their W2.

when she does the form 2555 it will show W2 is not needed UNLESS the USC works for US company in Ireland and 

[Hocnos 8]

As a side, and to avoid future confusion OP - when you become US resident (GC holder), you will have the same requirement as her - you will need report your taxes to IRS no matter where your income is from or where you live. So be prepared to be filing in both UK and US after you move. Good luck.

Edited March 6, 2023 by Hocnos

[Black Unicorn 22]

On 3/1/2023 at 9:05 AM, Jamie Kirkpatrick said:

My US citizen wife came to Northern Ireland as a student, she also is in possession of an Irish passport thanks to her parents. She has been living in Northern Ireland since 2018 and started working in 2020. Because of this we filed directly through London Embsay.

However after attending my interview on the 27th of Feb, I was informed that all my documents were in order, but was given a 221g for submit more documents via courier. The form asked for was a w2 and tax return from my wife for 2021. She does not have either as she has not filed taxes or worked in the US. The interviewer informed me that she should have still filed even though she did not work in the states.

Does my wife need to try and back file taxes to the IRS for her time in Northern Ireland or as the interviewer said can she send a letter explaining why she has not filed, or will a uk p60 be needed to prove taxes paid? She has previously recieved a tax refund here in the UK.

Not sure if this will help but here goes. I (petitioner) included a letter that I typed up stating that I was not aware I had to file taxes while abroad. However, once I found out I filed the must recent (2021) back taxes. I put all that in the letter. I also included a copy of my 1040 tax return that I used H&R block to complete. My husband submitted the letter, tax return, and employment verification letter I got from my employer. In your case submit what they are asking for. Don't over think it because they know what they want and are willing to take. There are other couples in your same situation that were successful. Good Luck!! Oh, and I did mail the tax return to the IRS in the states.

[Chancy 6,233]

*** Removed related thread in a different sub-forum.  Please post your related questions/updates in this thread to keep the discussion in one place. ***

 

On 5/4/2023 at 4:42 AM, Jamie Kirkpatrick said:

I had my visa interview on the 27th of Febuary and was given a green 221g requesting w2 and spouses taxes. After gathering the required documents and sending them through DX courier my documents arrived within 3 days. I immediately got an email requesting my joint sponsors w2 also. After dropping this off to the courier it arrived within 2 days, however this time I have had no response and my CEAC status updated as refused.

 

Will the embassy request more information or is my case being reviewed?