jeffreyhy

It never ceases to amaze me how often people write one thing when they mean something else....

Regards, JEff

redarmy990

Moxie -
Thanks for all the good information. We have been looking for a good explanation and now have it. I wasn't sure how to account for Dean's (UKC) income and what the foreign exclusion was, but now I know.

I use the H&R Block software so hopefully I can figure it out, or I can do it manually.

For the ITIN, can Dean (UKC) apply for it in London because I don't have a notarized copy of his passport to attach to the W-7. Although, I guess he can do it and send it to me.

Nica - Thanks for posting the question and getting the conversation going.

Thanks again, Lori and Dean

Moxie

I don't have any experience to share about getting an ITIN abroad. The link I should have put is this http://www.irs.gov/businesses/small/...=96690,00.html

I've only read that briefly and know it sounds complicated, but haven't done it because my husband had a SSN. Here's the UK contact for getting the Apostille mentioned on the IRS website. http://www.hcch.net/index_en.php?act...etails&aid=352

jeffreyhy

The ITIN application must be submitted with an income tax return.
http://www.irs.gov/pub/irs-pdf/iw7.pdf

Regards, JEff

Moxie

Yes the application goes with the tax return as explained before
You will need his documents to go with the ITIN application along with the tax return and send to Austin. He'll also need to sign the finished return and the statement.

jeffreyhy

Apparently she needed a reminder, since after you explained she asked if he could apply in London.

Regards, JEff

nica

All right, so I think I've got all of it ready...

Problem is, getting my spouses's passport copy notarized in the UK seems like it's going to be a real hassle. Correct me if I'm wrong, but from what I'm reading, it seems like he's going to have to notarize it and then send it to the Foreign & Commonwealth Office in London (which will take who knows how long) to get an apostille.

We still have plenty of time to submit the taxes, obviously, but I don't want to delay this immigration process any longer than is necessary. So my question is... for the I-864, will it be a problem if I submit my tax return before having officially mailed it to the IRS? The return is finished. We just may not have all the info for the ITIN done in time.

Noorah101

As long as it's prior to April 15, or if you filed for an extension, there's no need to use 2011 tax returns on the I-864. You need to submit the most recent tax return. If you haven't yet submitted 2011, then submit 2010 with the I-864. There's nothing wrong with that.

Rene

nica

If I use 2010 as my most recent, then I'll have to submit information about how much I made in 2007... in 2007 I was a student and made very little money. In 2011, on the other hand, I made plenty.

So I'd like to be able to use 2011, rather than trying to explain my low income in 2007 and then potentially have to get a co-sponsor. Does that make sense?

jeffreyhy

I agree, it is a hassle. For what it's worth, here's how I did it - I had my wife send me her passport and her copy of our marriage certificate, with the intention of submitting original documents with the W-7. Then I changed my mind about submitting original documents so took the originals and a photocopy to a Notary Public who signed and sealed a statement to the effect that she had personally seen and compared the photocopies to the originals, and certified that the photocopies were true and unaltered copies of the originals. I submitted the thus notarized photocopies to the IRS with the W-7 and sent the original documents back to my wife. Just curious if you're going to un-officially mail a copy of the tax return to the IRS before officially mailing it? And wondering what makes a mailing an official mailing. :-) Regards, JEff

jeffreyhy

Yeah, so what?

Regards, JEff

Noorah101

It doesn't make sense to me, no, sorry. For the I-864, the most recent tax return is required as a backup document. If the I-864 is being used for an Immigrant Visa, the ConOff normally asks to see the most recent 3 years of tax returns. If the I-864 is in conjunction with an AOS application, only the most recent tax return is required.

I believe the I-864 itself has a spot to list your most recent 3 years of income. So at most, you're looking at listing 2010, 2009, and 2008.

I don't see where 2007 comes into the picture at all.

Also, the main thing is that you *currently* earn the right amount. If you are *currently* earning the right amount, you won't need a joint sponsor, even if you have previously low income on past tax returns. Tax returns show past income. What's important here is your current income.

Rene

nica

And I miscounted there; I was a student in 2008 as well.

For some reason I thought they needed to see consistent income over the past three years. Is that not the case?

Noorah101

No, that is not the case. Especially if you were a student, you aren't expected to have a lot of income at that time.

As long as you are currently earning the right amount, you should be fine. And, if your 2009 and 2010 tax returns show progressively increased income, that's even better.

Don't stress about trying to send 2011.

Rene

jeffreyhy

It might be the case for someone who was in the work force full time for the past 3 years, but there are any number of reasons why a person might not be - someone like you, for example.

What's most important is that someone have an adequate current income and that that income appear to be sustainable. You've got at least two years documented by tax returns, and there are other ways to demonstrate sustainability as well. The letter from the employer, for one.

Regards, JEff