GRF58

Hi,

Something I'm not clear on:

Does the I-864 form get mailed in or do we bring it along to the interview?
I'm currently compiling everything they need then I will notify them when we're ready but I'm stuck on that question.

Thanks

I have just found this:

'Bring your documents
Do not send any documents to the Embassy. You will need to bring all your original documents, or certified copies, plus one photocopy to the immigrant visa interview.'

So I guess we bring it in along with everything else to the interview

meauxna

I had to look at your past posts to give you the right answer; will you include next time that you filed I-130 in London (DCF) as it makes a difference to the answers.

The I-864 goes to the interview, not mailed in ahead of time. Your form must be an original (keep a photocopy for yourself) and the evidence can be photocopies (keep a copy for yourself and take the original to the interview for inspection).

GRF58

Thank you. Yes, I will make mention that I filed in London. Hopefully there won't be any further questions.

meauxna

We LOVE questions! And you have to come back to tell us about how great it all was, OK?

GRF58

Oh well, in that case I've just found out about this and it sounds like it could be a problem as we are well on our way in the visa process:

'Filing income tax returns with the IRS is mandatory for USCs and LPRs, regardless of where they live and work. This is because the IRS imposes taxes based on citizenship (see note below), not on residence. As many other territories (including the UK) do not do this, but rather tax on residence only, many USCs do not realise that there is a requirement to file their taxes, and as a result, they often live abroad without filing taxes to the IRS, simply paying income tax to the authority having jurisdiction over the territory where they live and work.

Note: LPRs are also required to file taxes even while living or working abroad, and not doing so can be construed as strong evidence of abandonment of LPR status. They may also be responsible for filing for several years after abandoning LPR status depending on how long they have been in the US.
While there may appear to be no ill effects to simply paying taxes to the UKIR when living and working in the UK (i.e. the IRS don’t contact you), issues arise when the USC living abroad and their spouse decide they want to move to the USA to live. One of the primary requirements for the granting of a visa to the UKC spouse, is that the USC is up to date as regards filing taxes with the IRS.'

My father in the States is going to call as tax pro as he doesn't feel equipped to do my taxes in light of this new revelation. So far everything is fine. I don't mind paying back taxes and fines, I just don't want my UKC wife to lose out on her visa as we both had such high hopes.

I've been working here part-time since Nov. 2006.

Rete

You can file at the IRS office in London. They will help you sort it all out.

GRF58

Thank you, can we deal with this when we go for our interview? And could my UKC wife be denied her visa because of this?

Noorah101

You need to sort out your back taxes ahead of time, so she can bring proof to the interview that you did indeed file the back tax returns.

Rene

GRF58

Thanks, I guess the first step is to find my tax records. Then who do I contact? The IRS in London?

Noorah101

Yes, the US Embassy in London has an IRS Department set up for folks exactly in your situation, and I've heard they're very helpful.

Rene

meauxna

Look in the wiki here; there is a very good article for people in your situation in London, and it's current.

GRF58

Thanks for that! Some encouraging news here:

'There is a tax treaty in place between the US and UK governments. In most cases this avoids “double taxation”, meaning you don’t need to pay tax to both the UK and US income taxation authorities. The IRS allows you to earn a certain amount before you have to pay tax to the IRS in addition to the tax already paid to the UKIR. The actual amounts you are allowed for the last few tax years are as follows:

2008 - $87,600

2007 – $85,700

2006 – $82,400

2005 – $80,000'

meauxna

Yes.

You won't have to pay double tax in most cases (if you're in that case, get a CPA for gods' sake!) you just have to go through the hassle of reporting.

Noorah101

Right. You don't necessarily have to PAY tax. You just have to prove that you filed tax returns.

Rene

GRF58

Right. This will delay things but hopefully not too badly. We were doing so well. I'm glad I found out about it at this point as we are gathering together documents and not at the end of the line. I'm sure most people have no idea that a USC has to file income tax returns with the IRS when working in a country other than America. Imagine if you'd worked 20 years and didn't know about this?