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I worked in China for all three tax years and hadn't filed while I was there, someone told me that it is better to file so I did this all at once. For each year as well as a 1040 I filled out a 2555-EZ Foreign Earned Income Exclusion form. I still had to write a letter explaining why there were no W2s. I simply wrote that for the three tax years I was working in China and was qualified to take the Foreign Earned Income tax exemption. As I was working for a foreign company I am unable to provide W2s.

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I worked in China for all three tax years and hadn't filed while I was there, someone told me that it is better to file so I did this all at once.  For each year as well as a 1040 I filled out a 2555-EZ Foreign Earned Income Exclusion form.  I still had to write a letter explaining why there were no W2s.  I simply wrote that for the three tax years I was working  in China and was qualified to take the Foreign Earned Income tax exemption.  As I was working for a foreign company I am unable to provide W2s.

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You'll probably need to repeat that exercise in GUZ so be sure to get that letter notarized on your income.

good luck

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I-864 FAQ:

http://travel.state.gov/visa/immigrants/info/info_1328.html

 

 

What happens if the sponsor did not file income tax returns for the previous three years?

 

Immigration law requires the sponsor to submit income tax returns for the three years immediately before the visa application if the sponsor was required to file. The Internal Revenue Service (IRS) requires Americans and lawful permanent residents who are working abroad to file income tax returns even if most or all of their overseas income is excluded from U.S. taxes.

 

What does the sponsor do when he/she was not required by law to file an income tax return during a given year?

 

If a sponsor was not required by law to file an income tax return, he/she should prepare a notarized statement. In this statement the sponsor should state that he/she was not required to file a tax return and give the related Internal Revenue Service (IRS) regulation. The IRS 1040 Instruction Book has information on who is not required to file income tax returns.

 

 

 

Although interesting to note that the consulate did not make the below example be notarized.. but I think I would still do it as well...

 

 

A.3.7.1

I was in the same situation, this is the letter I wrote:

 

I, XXX (SSN: XXX, US Passport Number: XXX), did not file a 2003 Federal Income Tax Return. According to IRS Publication 501, Table 1, ??Filing Requirements Chart for Most Taxpayers,?? a single person under 65 only needs to file a tax return if gross income was more than $7,950. I was an XXX earning XXX a month during 2003. Total earned income for 2003 was XXX. Total unearned income for 2003 was XXX. Total gross income for 2003 was XXX, less than the $7,950 minimum to file a tax return.

 

I went to get it notarized at the consulate, but they said that it was not necessary. My wife handed it in at the interview, along with my 2002 and 2004 tax returns. No problem.

Edited by DavidZixuan (see edit history)
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