ssuttie

Myself & my wife (USC) are re-locating to LA in early August. We have been married and lived in the UK for the last 15 years.

My visa interview is on Friday 21st July in London - everything has gone so smoothly up 'til now.
When it came to the I-864 we assumed because she hasn't lived or worked in the US for so long and wasn't domiciled there we would get her mom to joint sponsor us (which she has - including her tax returns etc).

It now dawns on us that my wife (the petitioner) has to file the I-864 - proving intent to domicile is no problem as she has a contract for her new job and our kids (US & UK dual citizens) have enrolled in new schools.

BUT - she hasn't filed a tax return in the US for many years. Is this a deal breaker? Can we write a letter to say it is our intention to file her tax returns immediately?

Slightly panicking and wondering whether this will scupper my chances of approval at the interview - anyone with a similar experience or any advice would be appreciated....

Steve

ian-mstm

No.


No... simply because intent to file is meaningless.

If she has income below the IRS threshold for filing (see details at www.irs.gov), she's not required to file a tax return. However, if she has income above that threshold she is obligated to file a return... and she must file the 3 most recent years' worth of tax returns. If she was taxed on her income in the UK, then it's unlikely that she'll have any tax to pay to the US... but she must file.

Note: the returns don't need to be processed... but they must, at least, be filed.


There's really no way to know what the officer will do. At best, he'll excuse it because you have a joint sponsor. At worst, your visa will be delayed until she sends him proof of filing those returns.

Ian

ssuttie

Ian,

Thanks for your reply - much appreciated.

We have contacted a couple of US ex-pat tax return firms to start the process.
I think I'll go to the interview and hope that if I can show we are in the process of filing we might be excused. As you say, worst case would be that the visa is delayed until we show proof of filing.
Thanks again,
Steve

viitav

We recently filed 2 years with H&R Block Expat dept and they were super quick

ian-mstm

Oh, yes! No matter what else you do... definitely go to the interview.

Ian