craic

So we need the last three. Except I've only got 2. I only moved to the US in Nov. 2002, spent my whole life abroad even though I'm a USC (dual Irish). Of course then I found out I was supposed to have filed tax returns to the IRS for my entire life, but strangely the issue never came up....

Anybody know if this is a major problem?

I can attach my last tax statement from the UK, where I was working before, if it's just income they're interested in...

Thanks a million!

SecretGarden

I have a variation on this variation!
I'll be filing a K1 in the next few months (as the US citizen/British fiancee) and I could have sworn that I was supposed to send copies of tax returns with the initial affadavit of support, but in looking at the actual form, it appears that this is only in the case of someone who is self-employed. Can anyone clarify if I'm missing something in looking at the form? Thanks, and sorry to horn in on your thread!
Secret Garden

Shannon

I don't know if its a "major" problem, but would it be very difficult to file US tax returns for at least the year in question? I'm sure you still have your Irish tax info for three years ago.

We had to file a tax return shortly before our application, and they didn't care when it was submitted, as long as the income information was included.

Shannon

Shannon

On our Affadavit of Support (I-864) done for our AOS process the three tax returns are required as "Evidence of income". It is listed as a requirement on page two of the form. If yours is different form (do K1's do the same one?) I would look under the heading of "evidence".

Shannon

SecretGarden

Hi Shannon,
Thanks for the response. I understand that the AOS process involves the tax returns as a standard procedure. I'd be filing a K1 Fiancee visa and using the I-134 form, which is the initial affadavit of support. When I look at the form, I see no mention of needing tax returns unless you are self employed. They only want your bank balances, property listed, stocks and bonds, etc. I guess I was confusing this form with the I-864 but I don't want the dreaded RFI!!!

Of course, the form I'm looking at was sent through the post to me by INS....I understand that the fillable forms on the net are the most current. How many of you have used the fillable ones, and do you recommend doing that? Thanks in advance for any replies.
SecretGarden

Michael Voight

INS will want 3 years.
So, file the third one.



craic wrote:
    > So we need the last three. Except I've only got 2. I only moved to the
    > US in Nov. 2002, spent my whole life abroad even though I'm a USC (dual
    > Irish). Of course then I found out I was supposed to have filed tax
    > returns to the IRS for my entire life, but strangely the issue never
    > came up....
    > Anybody know if this is a major problem?
    > I can attach my last tax statement from the UK, where I was working
    > before, if it's just income they're interested in...
    > Thanks a million!
    > --
    > Posted via http://britishexpats.com

Bob Autrey

in article [email protected], SecretGarden at
[email protected] wrote on 9/20/02 12:50 PM:

    > I have a variation on this variation!
    > I'll be filing a K1 in the next few months (as the US citizen/British
    > fiancee) and I could have sworn that I was supposed to send copies of
    > tax returns with the initial affadavit of support, but in looking at the
    > actual form, it appears that this is only in the case of someone who is
    > self-employed. Can anyone clarify if I'm missing something in looking
    > at the form? Thanks, and sorry to horn in on your thread!

I was initially under the same impression about needing to file an affidavit
of support along with an I-129F (along with all the required evidence that
has to go with the affidavit). But... I was told otherwise on this NG, and
sure enough - there is no mention of a requirement to send any financial
evidence, or even an affidavit, in support of an I-129F petition. There is
no mention of any financial obligations, or financial documents, anywhere in
the official instructions on the I-129F. At least I wasn't able to find any.
I sure hope I haven't missed anything 'cause I just sent mine off about a
week ago to the TSC.

I've been told that since my fiancé is in Russia she will be asked for my
tax returns at the interview. And... They will likely want the last three
since I am self employed. On the Moscow Embassy web site they indicate that
they only will want the last one, but I've been assured (by others here)
that they will, in fact, want the last three.

My understanding is that they will not even ask for an affidavit of support,
but rather instruct that she must file for AOS before the 90 day K-1
expires. I understand that it is at the AOS filing that the affidavit of
support, and the financial evidence will absolutely be required. If I'm
wrong about this I sure hope somebody will inform me! I had my adult
daughter helping me assemble the petition after spending almost two months
completing the forms, and gathering the documents. She read, and re-read the
instructions several times. She also read the print outs I'd done of several
K-1 Visa advice web sites. We didn't find anything that indicated a need to
send tax returns with the petition?

Bob

SecretGarden

Hi Bob,
Thanks for your response, which has unfortunately caused me even greater confusion! GRRRRRR! I'm frustrated already and haven't even filed yet!

I went ahead and ordered forms directly from the INS website just to have a look at them and automatically ordered the I134 (affadavit of support) with the 129 and the 325As as I had read that that was necessary and that should be forwarded to the fiancee to present at their interview, but perhaps not sent in with the original petition.

Ok, after reading your answer above, I checked first the I129F form sitting next to me and found *no mention* on the form itself, or the separate instruction sheet of having to do the I134. I then went back to the INS website and found the following, a list of what you need to submit with the 129F.(which I've cut and pasted, sorry it's so long):

Form I-129F Petition for Alien Fiancé(e) (if your fiancé(e) has unmarried children who are under 21, they are eligible to accompany your fiancé(e), but only if they are listed on this form.)

Evidence of your U.S. citizenship - your original U.S. birth certificate, your U.S. passport, your Certificate of Naturalization, or your Certificate of Citizenship. (Please see INS Form I-129F for information on the use of copies.)

2 Form G-325A Biographic Data Sheets (one for you and one for your fiancé(e))

One color photo of you and one of your fiancé(e) taken within 30 days of filing (please see Form I-129F for more instructions on photos).

A copy of any divorce decrees, death certificates, or annulment decrees if either you or your fiancé(e) have been previously married.

Proof of permission to marry if you or your fiancé(e) are subject to any age restrictions. (For instance, in some U.S. states, you must receive special permission to marry if you are under the age of 16.)

As you can see, it never mentions an affadavit of support, and doesn't tell you to send that to the consulate handling the interview. Seems to me they should mention that rather than just instructing you further down to contact your individual consulate for further instructions. (especially when the London consulate help line runs about one and a half pounds a minute or something outrageous like that!)

In summary, here's my take on it: I file the 129F petition with Nebraska (*sigh*), fill out the 134 at the same time, and send that directly to my fiancee for his interview MINUS tax returns, but with the other stuff it asks for like bank balances, etc. When we receive the NOA we contact London and request to start a provisional file. Months and months and months later we get 2nd NOA and he is contacted for interview, to which he takes my original I134. The planets then align perfectly, Hell freezes over, and all is well with the world, the visa is issued and we start the immigration/travel/marriage/AOS process. Right?

Any responses would be appreciated, even if you were all just to tell me to chill out and take a breath.
SecretGarden

Harvey Leems

You should NOT hi-jack someone else's thread.

--
Harvey Leems
"SecretGarden" wrote in message
news:420817.1032544245@britishexpats-
.com...
    > Originally posted by craic:
    > > So we need the last three. Except I've only got 2. I only moved to the
    > > US in Nov. 2002, spent my whole life abroad even though I'm a USC
    > > (dual Irish). Of course then I found out I was supposed to have filed
    > > tax returns to the IRS for my entire life, but strangely the issue
    > > never came up....
    > >
    > > Anybody know if this is a major problem?
    > >
    > > I can attach my last tax statement from the UK, where I was working
    > > before, if it's just income they're interested in...
    > >
    > > Thanks a million!
    > I have a variation on this variation!
    > I'll be filing a K1 in the next few months (as the US citizen/British
    > fiancee) and I could have sworn that I was supposed to send copies of
    > tax returns with the initial affadavit of support, but in looking at the
    > actual form, it appears that this is only in the case of someone who is
    > self-employed. Can anyone clarify if I'm missing something in looking
    > at the form? Thanks, and sorry to horn in on your thread!
    > Secret Garden
    > --
    > Posted via http://britishexpats.com

Harvey Leems

You CAN file for the year you are missing. Or you can try to get a letter
stating that you were not required to file for that year. They won't accept
a UK tax return, I don't think.

--
Harvey Leems
"craic" wrote in message
news:420766.1032540696@britishexpats-
.com...
    > So we need the last three. Except I've only got 2. I only moved to the
    > US in Nov. 2002, spent my whole life abroad even though I'm a USC (dual
    > Irish). Of course then I found out I was supposed to have filed tax
    > returns to the IRS for my entire life, but strangely the issue never
    > came up....
    > Anybody know if this is a major problem?
    > I can attach my last tax statement from the UK, where I was working
    > before, if it's just income they're interested in...
    > Thanks a million!
    > --
    > Posted via http://britishexpats.com

Harvey Leems

The consulate makes it VERY clear what is required of you if you wait for
Packet # 3 to be delivered.
The I-134 is NOT needed UNTIL you get to that point, hence the reason why it
is not mentioned before then! Hahaha!

--
Harvey Leems
"SecretGarden" wrote in message
news:421157.1032575267@britishexpats-
.com...
    > Originally posted by Bob Autrey:
    > > in article [email protected], SecretGarden at
    > > [email protected] wrote on 9/20/02 12:50 PM:
    > >
    > > > I have a variation on this variation!
    > > > I'll be filing a K1 in the next few months (as the US
    > > > citizen/British
    > > > fiancee) and I could have sworn that I was supposed to send copies
    > > > of
    > > > tax returns with the initial affadavit of support, but in looking at
    > > > the
    > > > actual form, it appears that this is only in the case of someone who
    > > > is
    > > > self-employed. Can anyone clarify if I'm missing something in
    > > > looking
    > > > at the form? Thanks, and sorry to horn in on your thread!
    > >
    > > I was initially under the same impression about needing to file an
    > > affidavit
    > > of support along with an I-129F (along with all the required evidence
    > > that
    > > has to go with the affidavit). But... I was told otherwise on this NG,
    > > and
    > > sure enough - there is no mention of a requirement to send any
    > > financial
    > > evidence, or even an affidavit, in support of an I-129F petition.
    > > There is
    > > no mention of any financial obligations, or financial documents,
    > > anywhere in
    > > the official instructions on the I-129F. At least I wasn't able to
    > > find any.
    > > I sure hope I haven't missed anything 'cause I just sent mine off
    > > about a
    > > week ago to the TSC.
    > >
    > > I've been told that since my fiancé is in Russia she will be asked for
    > > my
    > > tax returns at the interview. And... They will likely want the last
    > > three
    > > since I am self employed. On the Moscow Embassy web site they indicate
    > > that
    > > they only will want the last one, but I've been assured (by others
    > > here)
    > > that they will, in fact, want the last three.
    > >
    > > My understanding is that they will not even ask for an affidavit of
    > > support,
    > > but rather instruct that she must file for AOS before the 90 day K-1
    > > expires. I understand that it is at the AOS filing that the affidavit
    > > of
    > > support, and the financial evidence will absolutely be required. If
    > > I'm
    > > wrong about this I sure hope somebody will inform me! I had my adult
    > > daughter helping me assemble the petition after spending almost two
    > > months
    > > completing the forms, and gathering the documents. She read, and
    > > re-read the
    > > instructions several times. She also read the print outs I'd done of
    > > several
    > > K-1 Visa advice web sites. We didn't find anything that indicated a
    > > need to
    > > send tax returns with the petition?
    > >
    > > Bob
    > >
    > Hi Bob,
    > Thanks for your response, which has unfortunately caused me even
    > greater confusion! GRRRRRR! I'm frustrated already and haven't even
    > filed yet!
    > I went ahead and ordered forms directly from the INS website just to
    > have a look at them and automatically ordered the I134 (affadavit of
    > support) with the 129 and the 325As as I had read that that was
    > necessary and that should be forwarded to the fiancee to present at
    > their interview, but perhaps not sent in with the original petition.
    > Ok, after reading your answer above, I checked first the I129F form
    > sitting next to me and found *no mention* on the form itself, or the
    > separate instruction sheet of having to do the I134. I then went back
    > to the INS website and found the following, a list of what you need to
    > submit with the 129F.(which I've cut and pasted, sorry it's so long):
    > Form I-129F Petition for Alien Fiancé(e) (if your fiancé(e) has
    > unmarried children who are under 21, they are eligible to accompany your
    > fiancé(e), but only if they are listed on this form.)
    > Evidence of your U.S. citizenship - your original U.S. birth
    > certificate, your U.S. passport, your Certificate of Naturalization, or
    > your Certificate of Citizenship. (Please see INS Form I-129F for
    > information on the use of copies.)
    > 2 Form G-325A Biographic Data Sheets (one for you and one for your
    > fiancé(e))
    > One color photo of you and one of your fiancé(e) taken within 30 days of
    > filing (please see Form I-129F for more instructions on photos).
    > A copy of any divorce decrees, death certificates, or annulment decrees
    > if either you or your fiancé(e) have been previously married.
    > Proof of permission to marry if you or your fiancé(e) are subject to any
    > age restrictions. (For instance, in some U.S. states, you must receive
    > special permission to marry if you are under the age of 16.)
    > As you can see, it never mentions an affadavit of support, and doesn't
    > tell you to send that to the consulate handling the interview. Seems to
    > me they should mention that rather than just instructing you further
    > down to contact your individual consulate for further instructions.
    > (especially when the London consulate help line runs about one and a
    > half pounds a minute or something outrageous like that!)
    > In summary, here's my take on it: I file the 129F petition with
    > Nebraska (*sigh*), fill out the 134 at the same time, and send that
    > directly to my fiancee for his interview MINUS tax returns, but with the
    > other stuff it asks for like bank balances, etc. When we receive the
    > NOA we contact London and request to start a provisional file. Months
    > and months and months later we get 2nd NOA and he is contacted for
    > interview, to which he takes my original I134. The planets then align
    > perfectly, Hell freezes over, and all is well with the world, the visa
    > is issued and we start the immigration/travel/marriage/AOS process.
    > Right?
    > Any responses would be appreciated, even if you were all just to tell
    > me to chill out and take a breath.
    > SecretGarden
    > --
    > Posted via http://britishexpats.com

craic

Hello, Harvey, thanks for your answer!

Actually, I called the INS yesterday, and the woman told me to send a letter explaining why I didn't file in 99 and enclosing a copy of my UK tax return as proof of income.

THING IS, it turns out I WAS required to file that year. So I'm worried that, having given me mistaken information, 3 months from now the INS will put in a request for further information and ruin everything.

On the other hand I'm worried that if I file for 99, which I can yes, the IRS will slap me with a fine for not having done so before, even though I didn't owe any tax.

Any opinions, anybody?

Thanks again.....

SecretGarden

Uh, I am truly sorry, and I think I apologized for doing just that in my post. Didn't mean to cause trouble here, just thought that my questions was somewhat related. I'll do better in the future not to overlap.
SecretGarden

SecretGarden

[QUOTE][SIZE=1]Originally posted by Harvey Leems:
The consulate makes it VERY clear what is required of you if you wait for
Packet # 3 to be delivered.
The I-134 is NOT needed UNTIL you get to that point, hence the reason why it
is not mentioned before then! Hahaha!


Thanks for your help. It's much appreciated.
SecretGarden

donahso

This will either clear some things up or add to the confusion.

1. IRS penalties are based on the amount owed at the time of filing. If you owe more than was withheld (0 ~ $$$$) they will pop you with with 5% per month late filing penalty only the amount owed. There is a 25% cap on the penalty. They will also charge interest from the time the return was due to be originally filed.

2. You can file prior year returns if you can find the forms.

3. US citizens are required to file income tax returns on foreign earned income if they meet the filing requirements. The foreign icome exclusion will likely result in a -0- tax liability to IRS.

4. There also seems to be some confusion about INS vs STATE Dept. and their respective roles in fiancee petitions. When the I-129F is filed at the Service Center, you are asking for permission to allow your fiancee to apply for a K-1 visa. At this point, INS doesn't give a rip about seeing the I-134.

The STATE Dept., through it's foreign consulates, issue the visas. The ball is in their court, now. Normally, they want to see the I-134 AND supporting documents. A tax return is only one form of a supporting document. Hence, a letter from an employer, bank, etc. Some consulates will ask for 1 or more years of tax returns - especially if the petitioner is self-employed. But, it is up to the individual consulates on what they will want to see.

When the K-1 beneficiary files for AOS, again with INS, an I-864 is required. Three years of tax returns are required (to the best the of my knowledge).

Hope this helps.....

-Don H