Norseman

I am trying to waddle through the paper work here. It is a tough thing and so much you can get wrong. Thanks to the forum here many good reads.

I am going to do a DCF for an IR1 visa for my wife. Since I have not worked in the last three years my income is below the poverty level. So my mother is going to sponsor her.

We have two children and both are US citizens as they are mine by birth. That and I have lived here for the last three years.

My Mother makes 32,000 a year. She is going to sponsor my wife. I have a rental agreement for an apartment when I get there in the US. When she fills out the form it is just My Mother My Father and My wife. No dependent children or other sponsors. In that house hold. Is that correct or does she have to include all 4 of us since we are not living in that household.

Also which form does she need to fill out. I know the I-864 however does she have to do a I-864a also?

Thank You in advance.

thank you

I fall below the min standard to file. The IRS Publication 501 states: Table 1.2010 Married Filing Jointly if your gross income is less then 18,700 you do not need to file a return. So no I was not breaking any laws or did anything illegal. With a VA waiver on my retirement I fall below the threshold. So not everyone has to file taxes.

I am filing IR2a visa because I have a child born here. I just will have to get a co sponsor. That is all.

Thanks all.

Is that a combined income with a sponsor and you or just there income? As that would make a difference.

In some ways that is the most stupid policy. I make just a few thousand dollars below the poverty guide line. Working 3 hours a week I would be above it at Min wage. Since I am living overseas with my spouse and child I do not have that job. Since I have not filed taxes for two years there are other options at my disposal then.

I have continued you my reading. From what I understand I can get an exemption to this requirement because I have worked more then 40 credit quarters of work. 20 years in the Military will give me that exemption. Is this correct in my thinking.

Got this wrong it is for the spouse.

Thank You

You are going to need to file your taxes since it is an obligation as a US citizen. You have to include any foreign income but usually you are able to exclude it. You will have to file a W-7 and mail your tax return to the address in the W-7 instructions (If I remember correctly it is in Texas). You need a notarized copy of your wife's passport which you should be able to do at the US consulate. She has to accompany you to have it notarized, if she can not accompany you, they will do something similar to a notarization that works just as well.

If you file 2010 soon, you should be able to get the ITIN for your 2011 taxes since as an American living abroad you get an automatic extension to I believe June 15. You won't need your tax returns to at least the NVC stage (or interview if you can DCF) so you should have them in time.

1

We are going to filing our IR1 Visa in Manila come May. However as I get prepared for this. Thanks for the great info on the site. My question evolves around the 125% above the poverty level. We will have been married for 2 years. I have lived in the Philippines the entire time on my Military Retirement. That amount is less then the 125%. Additionally the amount VA takes out makes this lower.

Lastly. Tax returns. The wife does not have a TIN or SSN. So I have not filed taxes for the year 2010. Should I file those taxes? We also have a child born this tax return year that will be added to the tax returns.

Any advice in these issues would be most appreciated.

Thanks

Tim