Form I-130 Questions

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Old Apr 24th 2002, 6:10 am
  #1  
Jane Bond
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Default Form I-130 Questions

A couple questions about form I-130:

1) It asks for our social security numbers. If we don't have those, do we put our
Canadian social insurance numbers? I'm not sure if my husband has a social
security number or not, and he can't remember. How do we find this out?

2) What is a lawful permanent resident alien? Is that a non-U.S. citizen living
legally in the U.S.?

Thanks.

Jane
 
Old Apr 24th 2002, 7:10 am
  #2  
Mrtravel
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Default Re: Form I-130 Questions

Jane Bond wrote:
    >
    > A couple questions about form I-130:
    >
    > 1) It asks for our social security numbers. If we don't have those, do we put our
    > Canadian social insurance numbers?

no

    > I'm not sure if my husband has a social security number or not, and he can't
    > remember. How do we find this out?
    >

He can contact the Social Security Administration. Is your or your husband the US
citizen? Even if living in Canada, US citizens are required to file US tax returns.
What SS number did the US citizen put on the tax return? The tax returns or
transcripts of them will be needed for filing the affidavit of support

    > 2) What is a lawful permanent resident alien? Is that a non-U.S. citizen living
    > legally in the U.S.?

Yes
 
Old Apr 24th 2002, 12:40 pm
  #3  
Andy Platt
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Default Re: Form I-130 Questions

"mrtravel" <[email protected]> wrote:

    > > 2) What is a lawful permanent resident alien? Is that a non-U.S. citizen living
    > > legally in the U.S.?
    >
    > Yes

No, that is incorrect because that definition would include those living in the US on
longterm non-immigrant visas (H-1B, L-1, F-1, etc). A legal permanent resident is a
"greencard holder" - e.g. someone who has a valid I-551.

Andy.

--
I'm not really here - it's just your warped imagination.
 
Old Apr 25th 2002, 12:10 am
  #4  
Jane Bond
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Default Re: Form I-130 Questions

Thanks for the answer.

Are you SURE that U.S. citizens have to file U.S. tax returns if they don't live in
the U.S.? My husband (the U.S. citizen) has never filed a U.S. tax return.

Jane

"mrtravel" <[email protected]> wrote in message
news:[email protected]...
    > Jane Bond wrote:
    > >
    > > A couple questions about form I-130:
    > >
    > > 1) It asks for our social security numbers. If we don't have those, do
we
    > > put our Canadian social insurance numbers?
    >
    > no
    >
    > > I'm not sure if my husband has a social security number or not, and he
can't
    > > remember. How do we find this out?
    > >
    >
    > He can contact the Social Security Administration. Is your or your husband the US
    > citizen? Even if living in Canada, US citizens are required to file US tax returns.
    > What SS number did the US citizen put on the tax return? The tax returns or
    > transcripts of them will be needed for filing the affidavit of support
    >
    > > 2) What is a lawful permanent resident alien? Is that a non-U.S. citizen living
    > > legally in the U.S.?
    >
    > Yes
 
Old Apr 25th 2002, 12:10 am
  #5  
Alvena Ferreira
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Default Re: Form I-130 Questions

Jane Bond wrote:
    > Are you SURE that U.S. citizens have to file U.S. tax returns if they don't live in
    > the U.S.? My husband (the U.S. citizen) has never filed a U.S. tax return.
    >
Check with your consulate to be sure, that is the safe thing to do. Alvena See the
Doc Steen site here: http://www.mindspring.com/~docsteen/...o/visainfo.htm I am
not a lawyer, and this is not immigration advice. The information I provide is mostly
gleaned from old newsgroup posts and visa links on the internet. If you want or need
a lawyer, go to: http://www.aila.org
 
Old Apr 25th 2002, 1:10 am
  #6  
Mrtravel
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Default Re: Form I-130 Questions

Jane Bond wrote:
    >
    > Thanks for the answer.
    >
    > Are you SURE that U.S. citizens have to file U.S. tax returns if they don't live in
    > the U.S.? My husband (the U.S. citizen) has never filed a U.S. tax return.

Yes It is in the tax filing instructions, and it is in the law. Has he ever
registered for the military draft?

US Citizens are subject to US laws whether they live here or not. Consider the case
of the "American Taliban, John Walker". He did not live in the US, but is being tried
because he committed his acts as an American citizen.
 
Old Apr 25th 2002, 2:40 am
  #7  
Joachim Feise
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Default Re: Form I-130 Questions

Jane Bond wrote:
    > Thanks for the answer.
    >
    > Are you SURE that U.S. citizens have to file U.S. tax returns if they don't live in
    > the U.S.? My husband (the U.S. citizen) has never filed a U.S. tax return.

Yes. US citizens and Permanent Residents have to pay US taxes on their *worldwide*
income, no matter where they live. See IRS Publication 54, Tax Guide for US Citizens
and Resident Aliens Abroad, online at <http://www.irs.gov/individuals/overseas/displ-
ay/0,,i1%3D1%26i2%3D10%26genericId%3D12247,00.html>

-Joe
 
Old Apr 25th 2002, 6:41 am
  #8  
Jane Bond
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Posts: n/a
Default Re: Form I-130 Questions

ACK! I just looked this up, and apparently, you're right. OMG!

We had NO idea that he had to do this! What do we do now? Are we going to be in
trouble for this?

Jane

"Joachim Feise" <[email protected]> wrote in message
news:[email protected]...
    > Jane Bond wrote:
    > > Thanks for the answer.
    > >
    > > Are you SURE that U.S. citizens have to file U.S. tax returns if they
don't
    > > live in the U.S.? My husband (the U.S. citizen) has never filed a U.S.
tax
    > > return.
    >
    > Yes. US citizens and Permanent Residents have to pay US taxes on their *worldwide*
    > income, no matter where they live. See IRS Publication 54, Tax Guide for US
    > Citizens and Resident Aliens
Abroad, online at
    >
<http://www.irs.gov/individuals/overs...2%3D10%26gener
icId%3D12247,00.html>
    >
    > -Joe
 
Old Apr 25th 2002, 8:10 am
  #9  
Mrtravel
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Default Re: Form I-130 Questions

Jane Bond wrote:

    > ACK! I just looked this up, and apparently, you're right. OMG!
    >
    > We had NO idea that he had to do this! What do we do now? Are we going to be in
    > trouble for this?

It's may not be as bad as it seems, but it does need to be fixed for INS, at least
for the past 3 years. By the way, if he didn't make enough to owe taxes, then it is
no big deal, and he won't be penalized/ First, he gets to deduct some money from his
foreign wages (somewhere between $70,000 and $80000, over recent years). Then, he on
the remaining wages, he will get credit for taxes paid to the foreign government (in
most cases).

He also needs to find out from Social Security if he was ever issued a number.
Additionally, he was also required to register with Selective Service (the military
draft people)..
 
Old May 5th 2002, 12:10 pm
  #10  
Jb
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Default Re: Form I-130 Questions

KY2B wrote:
    >
    > I recall that, if the U.S. citizen does not return to the U.S. for one year, he
    > does not have to pay income tax (for that period). RJ from Flushing

This is a stranegely worded statement and my reading of it is that it is totally
false. A US citizen has to file an income tax return no matter where in the
world he lives.
 
Old May 6th 2002, 12:10 pm
  #11  
Jim Lockwood
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Default Re: Form I-130 Questions

My wife hasn't filed a US tax return since moving to the UK 6 years ago. Does anyone
know how to go about fixing this (she has had no income for the last 3 years,
thankfully). Neither of us know anything about the US tax system because she was a
student when she first moved here. Should she file the missing forms, or do an
amendment? Yes, we'll be phoning the IRS.

Does being married affect her tax return? Does she need to take me into consideration
when filing?

Jim (UK) and Kim (US)

mrtravel <[email protected]> wrote ...

    > It's may not be as bad as it seems, but it does need to be fixed for INS, at least
    > for the past 3 years. By the way, if he didn't make enough to owe taxes, then it is
    > no big deal, and he won't be penalized/ First, he gets to deduct some money from
    > his foreign wages (somewhere between $70,000 and $80000, over recent years). Then,
    > he on the remaining wages, he will get credit for taxes paid to the foreign
    > government (in most cases).
    >
    > He also needs to find out from Social Security if he was ever issued a number.
    > Additionally, he was also required to register with Selective Service (the military
    > draft people)..
 
Old May 6th 2002, 1:13 pm
  #12  
BE Enthusiast
 
Joined: Mar 2001
Posts: 717
Ameriscot is an unknown quantity at this point
Default Re: Form I-130 Questions

Technically, your wife should back-file her taxes. The relevent forms are downloadable from http://www.irs.gov - there's a 1040 form for each year. She could elect to include you in her taxes for the years that you have been married if it make them lower, but as a non-earner, she can't possibly achieve this.

However, for visa purposes, only the last 3 years are of relevence. Since she had no earnings in that time, she did not need to file and so is not expected to have done so.

Do call the IRS in London (their details are on the embassy website: http://www.usembassy.org.uk ) to double-check.
Ameriscot is offline  
Old May 6th 2002, 6:40 pm
  #13  
Jim Lockwood
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Default Re: Form I-130 Questions

Thanks for the response. All the evidence suggests we just need to provide an
explanation why she hasn't filed in the last 3 years, by pointing to the 1040 general
instructions which say that if the income (for a married person filing separately)
was less than $2,900, the person is not required to file a tax return. This will
probably be the status quo for the next tax year at least.

I will call the INS and the IRS to confirm everything.

Hopefully our experiences will enable us to help others in a similar situation.

Jim

Ameriscot <[email protected]> wrote in message
news:<[email protected]>...
    > Technically, your wife should back-file her taxes. The relevent forms are
    > downloadable from http://www.irs.gov - there's a 1040 form for each year. She could
    > elect to include you in her taxes for the years that you have been married if it
    > make them lower, but as a non-earner, she can't possibly achieve this.
    >
    > However, for visa purposes, only the last 3 years are of relevence. Since she had
    > no earnings in that time, she did not need to file and so is not expected to have
    > done so.
    >
    > Do call the IRS in London (their details are on the embassy website:
    > http://www.usembassy.org.uk ) to double-check.
 
Old May 20th 2002, 8:20 am
  #14  
Bruce
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Posts: n/a
Default Re: Form I-130 Questions

see http://www.irs.gov/pub/irs-pdf/p54.pdf

"Jane Bond" <[email protected]> wrote in message
news:[email protected]...
    > A couple questions about form I-130:
    >
    > 1) It asks for our social security numbers. If we don't have those, do we put our
    > Canadian social insurance numbers? I'm not sure if my husband has a social
    > security number or not, and he
can't
    > remember. How do we find this out?
    >
    > 2) What is a lawful permanent resident alien? Is that a non-U.S. citizen living
    > legally in the U.S.?
    >
    > Thanks.
    >
    > Jane
 
Old May 20th 2002, 8:20 am
  #15  
Mrtravel
Guest
 
Posts: n/a
Default Re: Form I-130 Questions

What does the IRS pub have to do with this? The questions are about an INS form.

1. You do NOT put a non US SSN.
2. It is a non US citizen that has Permanent Resident status.

bruce wrote:
    >
    > see http://www.irs.gov/pub/irs-pdf/p54.pdf
    >
    > "Jane Bond" <[email protected]> wrote in message
    > news:[email protected]...
    > > A couple questions about form I-130:
    > >
    > > 1) It asks for our social security numbers. If we don't have those, do we put our
    > > Canadian social insurance numbers? I'm not sure if my husband has a social
    > > security number or not, and he
    > can't
    > > remember. How do we find this out?
    > >
    > > 2) What is a lawful permanent resident alien? Is that a non-U.S. citizen living
    > > legally in the U.S.?
    > >
    > > Thanks.
    > >
    > > Jane
    > >
    > >
 


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