Tax return necessary?

[Jordan J.]

I have a question regarding tax returns. Do I need to file one now? I do not have any tax return for 2007 as I have been here in Beijing for 1 1/2 years now.

 

Do I need to file a 1040 or what? I have just been working part time in Beijing, but I don't have a Z-visa. Is there any need for a tax return, or do I just need to write a paper explaining why I didn't file one?

 

Thanks for the help,

- Jordan

[binglecat]

I have a question regarding tax returns. Do I need to file one now? I do not have any tax return for 2007 as I have been here in Beijing for 1 1/2 years now.

 

Do I need to file a 1040 or what? I have just been working part time in Beijing, but I don't have a Z-visa. Is there any need for a tax return, or do I just need to write a paper explaining why I didn't file one?

 

Thanks for the help,

- Jordan

 

 

better file one ... they seem to want everything

[NewDay2006]

The main reason they want a Tax Return is to determine if you can support your lady. You must prove you can meet the minimum income level. Ideally they want to see 3 tax returns or the tax returns of a sponsor.

[Jordan J.]

The main reason they want a Tax Return is to determine if you can support your lady. You must prove you can meet the minimum income level. Ideally they want to see 3 tax returns or the tax returns of a sponsor.

 

My father is going to be my co-sponsor, so I was gonna get the past 3 years tax returns for him. Would it still be necessary for me to have those too?

[Guest WenDylan]

The main reason they want a Tax Return is to determine if you can support your lady. You must prove you can meet the minimum income level. Ideally they want to see 3 tax returns or the tax returns of a sponsor.

 

My father is going to be my co-sponsor, so I was gonna get the past 3 years tax returns for him. Would it still be necessary for me to have those too?

Yes, and you should have a letter notarized from your sponsor stating that they support you. (That's what we are doing.)

[Sebastian]

Restudy the I-864 documents, see what it says about 'assets' and work the math . For example - lets say you have no trackable income at all. Look at the poverty line guidelines. Now figure out 'how many people' - and then multiply that number by 3 or 5. You'll need to show assets of 'that amount'.

 

I say 3 or 5 - as I get conflicting info about asset determination.

 

Maybe it's time to secure a co-sponser ?

[Sebastian]

The main reason they want a Tax Return is to determine if you can support your lady. You must prove you can meet the minimum income level. Ideally they want to see 3 tax returns or the tax returns of a sponsor.

 

My father is going to be my co-sponsor, so I was gonna get the past 3 years tax returns for him. Would it still be necessary for me to have those too?

 

 

YES.

[Toplaw]

Should You File a Tax Return?

 

 

IRS TAX TIP 2008-02

 

You must file a tax return if your income is above a certain level. The amount varies depending on filing status, age and the type of income you receive.

 

For example, a married couple both under age 65 generally is not required to file until their joint income reaches $17,500. However self-employed individuals generally must file a tax return if their net income from self employment was at least $400.

 

Check the ¡°individuals¡± section of the IRS Web site at IRS.gov or consult the instructions for form 1040, 1040A or 1040EZ for specific details that may affect your need to file a tax return with IRS this year.

 

Even if you do not have to file, you should file to get money back if Federal Income Tax was withheld from your pay, or you qualify for a refundable credit that may give you a refund even if you do not owe any tax. Refundable credits include:

 

*

Earned Income Tax Credit. The Earned Income Tax Credit is a federal income tax credit for eligible low-income workers. The credit reduces the amount of tax an individual owes, and may be returned in the form of a refund.

*

Additional Child Tax Credit. This credit may be available to you if you have at least one qualifying child and you did not use the full amount of your Child Tax Credit

*

Health Coverage Tax Credit. Limited to certain individuals who are receiving certain Trade Adjustment Assistance, Alternative Trade Adjustment Assistance, or pension benefit payments from the Pension Benefit Guaranty Corporation.

 

For more information about filing requirements and your eligibility to receive tax credits, visit the IRS Web site at IRS.gov.

[Randy W]

But there's the IRS and then there's your Visa Officer. The Visa Officer can (and does, as the others are pointing out) require returns where the IRS does not.

 

You can always file an amended return for any year you have missed. If no money is due, there is no penalty.

Edited August 1, 2008 by Randy W (see edit history)

[Sebastian]

Even living out of country, even with the 85,000 exemption, you should file the paperwork and claim the exemption.

 

Suggest you send it to the Austin Service Center.

 

I did the filings when I lived in China and Singapore, that income was exempt from taxation.

[dnoblett]

The main reason they want a Tax Return is to determine if you can support your lady. You must prove you can meet the minimum income level. Ideally they want to see 3 tax returns or the tax returns of a sponsor.

Actually it is a requirement of form I-864 to attach most recent year's IRS return.

 

A note to Jordan:

 

If you are DCF, you may have to deal with US Domicile issue and demonstrate to the satisfaction of the counselor officer that you maintained US Domicile while out of the country, or good evidence that you are re-establishing it.

 

You are REQUIRED to provide an I-864 for support, and I-864 REQUIRES US Domicile. You can use a person in the USA as a Joint sponsor, but you are still required to provide an I-864.

 

A good recent post to read:

 

http://candleforlove.com/forums/index.php?showtopic=32256

[Jordan J.]

The main reason they want a Tax Return is to determine if you can support your lady. You must prove you can meet the minimum income level. Ideally they want to see 3 tax returns or the tax returns of a sponsor.

Actually it is a requirement of form I-864 to attach most recent year's IRS return.

 

A note to Jordan:

 

If you are DCF, you may have to deal with US Domicile issue and demonstrate to the satisfaction of the counselor officer that you maintained US Domicile while out of the country, or good evidence that you are re-establishing it.

 

You are REQUIRED to provide an I-864 for support, and I-864 REQUIRES US Domicile. You can use a person in the USA as a Joint sponsor, but you are still required to provide an I-864.

 

A good recent post to read:

 

http://candleforlove.com/forums/index.php?showtopic=32256

 

Thanks, that is very helpful!

[david_dawei]

A filer has to keep a domicile in the US whether they are a DCFer or not... any time out of the country should motivate one to file a tax return to help continue to establish the US as their domicile.

 

There are exceptions to filing a tax return with the I-864, a letter can be written as to why one was not filed.. but it seems best to let the tax return speak for itself; and let a joint sponsor speak for your finances!

[kalexe]

Also, make sure you have the latest tax return possible. I have read that some people have gotten a blue slip because they didnt have the latest ones.

 

For example, you sent your fiance 2006-2004 tax returns before April 2008. You file your 2007 tax in april 2008. Your fiance goes to the interview sometime after april 2008, they may ask you where is the 2007 tax return. If you don't have it the VO may give you a blue slip.

[Randy W]

Also, make sure you have the latest tax return possible. I have read that some people have gotten a blue slip because they didnt have the latest ones.

 

For example, you sent your fiance 2006-2004 tax returns before April 2008. You file your 2007 tax in april 2008. Your fiance goes to the interview sometime after april 2008, they may ask you where is the 2007 tax return. If you don't have it the VO may give you a blue slip.

 

 

Yes - I believe it's MUCH better to submit a pile of paper which satisfies the requirement, rather than half a pile of paper along with an explanation of why you don't have the other half.

 

Also, we had one member (ameriken, I believe) who filed an extension for his return. Then, for his wife's AOS interview, they insisted on the actual return (not just a copy of the extension),

 

So the Immigration gods definitely follow their own laws, different ffrom those of the IRS.