robclem1

Hi, just read a post on tax filing for USC's living abroad and having a last minute panic.

I am having my visa interview on Wednesday 3rd this week, we have everything in order and I'm just checking I've not missed anything when I found an article on filing tax returns.

MY Wife a USC has not filed tax returns for 25 years whilst living in the UK. We had her mother in the US speak to the tax office in the US about this situation and they said as she had not earned a salary for the past few years(only had dividend income from my UK company) she did not have to file a tax return. They suggested she attach a letter stating she did not have to file a return as her income was too low and did not qualify as it was a UK dividend.

Having read this post I am now panicing that maybe she should have filled one in. Can you offer any advice? Should we quickly fill in the last 3 years worth and then take them to the embassy on Tuesday and ask them to stamp them as filed?

Any help greatly appreciated

thanks

Rob

frank09

Hi Rob - I am a USC who has been living in the UK for the past few years. As I was a student I have no income to delcare for the past few years however, upon the advice of others at this forum as well ass the IRS office at the US Embassy, I filled in 1040EZ's fpr the past 3 years with 0 income on all 3 and those will go along with my wife for her interview in 2 weeks. I would advise better safe than sorry in this instance. It is easy enough to locate the 1040EZ forms on the IRS website for the past few years.

Noorah101

If your wife did NOT earn enough income to warrant filing a US tax return, she doesn't need to. She can attach a letter stating this.

If she DID work any years where she earned enough to warrant filing a return, she should file a back tax return at some point.

It's not worth taking the 3 years of unfiled tax returns to your invterview. They cannot stamp them "filed" there. She'd need to do it through an IRS office. The US embassy has an IRS department, if she wants to file them there...but if she didn't earn enough, she doesnt' need to.

Rene

robclem1

Does it make any difference that we are actually using my wifes mother and father to support us with their I864 and I864a and not my wife or my assets/income?

If we have to fill out the forms tonight thats fine but does anyone know if the US embasy in London will stamp them as filed on Tuesday when they allow walk-ins?

cheers

Rob

meauxna

Rob, has your wife completed an I-864 of her own?
How did she answer the question(s) about tax returns there?

frank09

Your wife has to file an I-864 as petitioner regardless of her income. As Rene says, if she writes a letter explaining why she hasn't filed taxes she could be OK. It may be worth your while to phone the IRS department at the embassy tomorrow morning, they are very helpful, only open till 12pm though.

Noorah101

The tax filing requirement is different than the I-864 affidavit of support requirement. It's fine that you have a joint sponsor...they also provided their tax returns, I assume. I suspect it will be OK for your wife not to have filed US tax returns the past few years because she wasn't working and/or earning enough.

Only if you take them to the IRS department of the US embassy, if they allow walk ins and if they process them right away and stamp them filed.

Not if you take them to your interview.

Rene

robclem1

ok, so this boils down to the question if UK dividends have to be declared on a US tax return as that is how my wife was paid. MY MiL spoke to a US tax office and they said she did not have to.

thanks for all answers so far, I do think we will call the tax office in the morning to clarify this

Rob

Noorah101

The safest way to go is to have the USC file a US tax return, showing any and all income, from all sources. That way, everything is declared. She probably won't have to PAY US tax, but it's a good idea to go ahead and file a return anyway, if there was any time of income or earnings at all.

Rene

robclem1

she has completed her own I-864 and left the tax return bit blank with a note referring to an attached letter stating she did not qualify to file a return as her income was too low.

frank09

Rene - Based on your good advise I spoke to the London office of the IRS at the embassy and specifically asked them about the tax returns for interview and they were the ones who advised I file the 0 income returns as at interview thats what the ConOff will be looking for..

robclem1

I am assuming this is the only form she needs to file for each of the last 3 years given we have a few kids as well?

http://www.irs.gov/pub/irs-pdf/f1040.pdf

meauxna

There are a couple of different requirements to meet here.. if the US citizen did not have sufficient income to file a US income tax return, that is fine. I don't normally advocate filing a zero return 'just because' (for the visa application) if all other conditions are met.
Because Rob's wife has not lived in the US for 25 years however, it might be a useful exercise toward showing her intent to domicile in the US.

fatbrit

I recently read on another forum of someone having to do precisely this, i.e. the USC had to go and file the returns before they'd issue the visa. So I'd actually argue it might well be worth doing.

robclem1

Has anyone filed their returns in person at the US embasy in london and will they stamp it there and then?

They do offer a walk in service on Tuesday the day before my interview so it might be worth doing this just in case, although a lot of bother to file 0 tax returns.