Had the interview this morning and was told that my wife needed to show 3 years of tax returns, She has been living and working in the UK since Feb of 2006 !
Is this correct?

Also we were told that i needed a second or joint sponsor.
My wife is back in the US and has a job that pays $20,800, we thought
that this was enough on its own as it covers the poverty level.

Any help please.

Yes.

If it's just the two of you in the household, then $20,800 should be enough income. BUT, how long has she been working at this job? If it's a very short time, they might look at her past earnings (taxes). Since she did not provide proof of past earnings either, I guess the ConOff feels more comfortable if you have a backup joint sponsor.

And you didn't really "fail" the interview. The ConOff is giving you the opportunity to provide the information she needs to approve you.

Rene

I know i did not really "Fail" as you say but it just feels like it at the moment.

If She files a "Foreign Earned Income" form i2555 for "Bona Fide Residence Test" will that be enough?

You didn't fail. You are in limbo until you supply the required documentation.

Most definitely. US Citizens are required to file US income tax on all worldwide income annually. She can file those with the IRS in London.

Apparently the CO just wants to back up your financial support if your wife's employment goes belly up and because it has been held for only a short period of time.

Get them the documentation and you will be approved, IMHO.

No. She needs to file a 1040 IRS form. Please do not do this for her as she is the USC and should have the ability to ferret out the correct documentation having filed in the past. She also have the added benefit of having an IRS office to call for assistance.

Where you live makes no difference, the US government wants a piece of the action from all their citizens regardless of where they live. In her case there is a tax treaty between the UK and US so she wouldn't be taxed twice unless she earned a significant amount but she still should have been filing by the tax deadlines each year. She may have to pay penalties and possibly interest so be prepared. The IRS folks at the US embassy in London are notoriously helpful in situations like these so it's worth calling them up and talking to them.

His USC wife is back in the USA now, so probably won't be calling London for help. She can call for help here in the USA, or just hire a tax preparer.

Rene

Does this still apply when my wife has permanent leave to remain in the UK.
Is she not now under UK tax law and free from Oppression! sorry US tax law
and no longer required to submit tax returns?

Nope.

No. Her status in the UK does not affect her requirement to continue filing a US tax return. She is still a USC, and is responsible for filing a US tax return each year, no matter where she lives and works. Once you become a US PR, you'll have the same responsibility.

Rene

The US requires its citizens to file US tax returns every year on their entire worldwide income regardless of where they might be living.

If, however, your income is below certain limits you do not have to file.

See this page on the IRS web site for details

The US government doesn't give a toss about where you live, what your status is or anything else. If you are a US citizen then they want a tax return every year and will want you to pay tax if you fall into the right category. A US citizen has no escape from the IRS, they will even nobble you if you give up your citizenship to avoid taxation.

The 1040 form is what she'll need to actually file her tax returns. Depending on her circumstances with her UK income, she MIGHT be eligible to ALSO file Form 2555 for Foreign-Earned Income Exclusion. Form 2555 is filed WITH Form 1040, not independent of it.

The same applies to all U.S. permanent residents -- including those who live abroad for a certain period of time while maintaining their LPR status. I doubt that many people who apply for green cards know this going in.

~ Jenney

I've yet to see any definitive information in this thread either way, as to whether the OP got denied the visa or whether the visa application is pending awaiting the USC's proof of filing.

And shame on all of you for not pointing the OP in the direction of the tax filing wiki created by some nice chap on here. (it's linked in my signature).

So which is it? Or if she is now in the US, when did she leave the UK?