Is it worth even filing?

[PhilinChina]

Hello and thanks million to this website and its many helpful members?

I have been living and sometimes working here in China for the last 12 years. I met my wife in my 3rd week here and we have been together ever since.

I never planned to go back to the US, it was my dream to live and die here in the central kingdom, but now that our child is 5 and is already being influenced by the so called education system here I realise, as my mum said there is only one "i" in the word family and she deserves better...

My main concern in filing the I-130 is not proving we are married or that I am a citizen, but my past, current and future income(s)?..aka the I-864...

My family state side is all but broken after the Bush era..(all below poverty level) Although we will have a place to stay and the rental income from the family owns will be enough to survive, it is still below the amount required for a family of three..

What can one do if the have no cosponsor?

Has anyone ever made it back with out one and no job stateside? I will be able to get one once I obtain my Acupuncture license...

Thanks and Sorry for the negative nature of this my first post

also I have been off the grid since 1992 (no 1040s filed)

[dnoblett]

A few things...

• You will need to re-establish a US Domicile in order to provide the required I-864 at the visa interview.
  • Return to the states after filing the I-130 to establish a place to live
  • Perhaps land a job, any job that can make up the gap between rental income and the required amount to support a family.
  • Make enquiries into children going to school.
• In order to file the I-130 in China you may need to show a residency permit to live there. If not, then you will be mailing it to USCIS in the states going through a longer process.
• You will need to late file your tax returns for at least the past 3 years, even though you may be exempt from paying US income tax on foreign income, you are not exempt from filing the returns every year. Also if you have rental income from properties in the USA, you still needed to declare that income.

[Randy W]

Hello and thanks million to this website and its many helpful members?

 

I have been living and sometimes working here in China for the last 12 years. I met my wife in my 3rd week here and we have been together ever since.

 

I never planned to go back to the US, it was my dream to live and die here in the central kingdom, but now that our child is 5 and is already being influenced by the so called education system here I realise, as my mum said there is only one "i" in the word family and she deserves better...

 

My main concern in filing the I-130 is not proving we are married or that I am a citizen, but my past, current and future income(s)?..aka the I-864...

 

My family state side is all but broken after the Bush era..(all below poverty level) Although we will have a place to stay and the rental income from the family owns will be enough to survive, it is still below the amount required for a family of three..

 

What can one do if the have no cosponsor?

 

Has anyone ever made it back with out one and no job stateside? I will be able to get one once I obtain my Acupuncture license...

 

Thanks and Sorry for the negative nature of this my first post

 

also I have been off the grid since 1992 (no 1040s filed)

 

 

First off, if you will be claiming a taxable level of income, you need to file amended returns for the last three years. The Foreign Earned Income Exclusion allows you to not pay taxes, but it does not apply unless you HAVE filed your taxes. Others recommend that you file your tax returns regardless.

 

Claiming income on your I-864 that you did not report to the IRS can be a BIG red flag.

 

You NEED a co-sponsor. However, if you can't get one, you will need to emphasize your job prospects AND an active search in the U.S. I don't know what it takes to get the Acupuncture license - is this something you could get in advance of the interview, even relocating to the states in order to do so?

[PhilinChina]

Thanks for your quick replies,

 

How does one file past returns? I heard there is a tax free arrange for expats in China of up to 90K tax free, does any know for sure?

 

How do you prove domicile? My friend of 30 years has the rental property and will let us stay in one unit free and help with daily expenses ( i will trade acupuncture and prepare to take the Acupink lic exam)

 

What if you do not want to live in the US, can you still get a visa and green card?

 

Can non family be co-sponsors?

 

Thanks again...

PinC

[dnoblett]

Thanks for your quick replies,

 

How does one file past returns? I heard there is a tax free arrange for expats in China of up to 90K tax free, does any know for sure?

 

How do you prove domicile? My friend of 30 years has the rental property and will let us stay in one unit free and help with daily expenses ( i will trade acupuncture and prepare to take the Acupink lic exam)

 

What if you do not want to live in the US, can you still get a visa and green card?

 

Can non family be co-sponsors?

 

Thanks again...

PinC

Can always try for a B-2 visit visa if just visiting less than 6 months. However an immigrant visa and green card is required if will be living in the states, long term.

 

Yes you can use friends or other non family to joint sponsor, their income will need to be enough to sponsor immigrant as well as support their own family.

 

You will still be required to be primary sponsor.

[Randy W]

Thanks for your quick replies,

 

How does one file past returns? I heard there is a tax free arrange for expats in China of up to 90K tax free, does any know for sure?

 

How do you prove domicile? My friend of 30 years has the rental property and will let us stay in one unit free and help with daily expenses ( i will trade acupuncture and prepare to take the Acupink lic exam)

 

What if you do not want to live in the US, can you still get a visa and green card?

 

Can non family be co-sponsors?

 

Thanks again...

PinC

 

File the 1040X - Amended U.S. Individual Tax Return

 

Income is NOT tax free - use the Form 2555-EZ to report Foreign Earned Income and PAY TAXES on it. But yes, the tax is most likely to be $0 if it qualifies as Foreign Earned Income and is under the limit of $97,600 for 2012. If you have any U.S. based income, though, that can easily put you in a tax bracket (15% or more) where you WOULD pay taxes on it.

[Guest ExChinaExpat]

 

Thanks for your quick replies,

 

How does one file past returns? I heard there is a tax free arrange for expats in China of up to 90K tax free, does any know for sure?

 

How do you prove domicile? My friend of 30 years has the rental property and will let us stay in one unit free and help with daily expenses ( i will trade acupuncture and prepare to take the Acupink lic exam)

 

What if you do not want to live in the US, can you still get a visa and green card?

 

Can non family be co-sponsors?

 

Thanks again...

PinC

 

File the 1040X - Amended U.S. Individual Tax Return

 

Income is NOT tax free - use the Form 2555-EZ to report Foreign Earned Income and PAY TAXES on it. But yes, the tax is most likely to be $0 if it qualifies as Foreign Earned Income and is under the limit of $97,600 for 2012. If you have any U.S. based income, though, that can easily put you in a tax bracket (15% or more) where you WOULD pay taxes on it.

 

 

As Randy suggested you need to file a 1040X amended tax return. Additionally, the foreign earned income 2555-ez form to get the tax exclusion. I worked in China for over five years and never filed taxes in the US. But, later learned that all US citizens must file a tax return every year regardless whether they had income or not. Filing these returns is not as difficult as one might think. In my case, I hired a US tax professional, and avoided the so-called foreign ex-pat experts. They completed four years tax returns and amended a previous return in which I worked part of the year in the USA and part of the year in China. I worked for a Chinese company and paid taxes in China. Because I paid taxes in China I did not have to pay taxes in the US because I maid less than the baseline taxable amount: around 90K per year. I didn't need to produce any records, as all amounts were estimated. If at a later time if one is unlucky and audited they will need to produce evidence.

Edited December 5, 2013 by GuangDongExpat (see edit history)

[dnoblett]

One more note, do not file returns as single, they need to be married joint or married separate.

To file a joint return your spouse will need an ITIN Children if claimed US citizenship (filed for Citizen Birth Abroad at the consulate) should be able to get SSN.

 

Study topics tagged Taxes http://candleforlove.com/forums/tags/forums/Taxes/

[credzba]

 

What if you do not want to live in the US, can you still get a visa and green card?

 

If the purpose is to educate you child, wont you have to be in the USA?

[lhp]

It'll be important to file back taxes as either join returns (if your wife has an ITIN) or married filing separately. Not indicating that you are/were married on the returns can raise red flags.

 

If you don't want to leave China and will soon be certified to practice TCM, you might look into gaining employment at expat clinics in BJ/SH/GZ/etc. I know & knew several expats working in expat clinics who did quite well for themselves financially–you'd easily be able to afford international schools for your daughter.

Edited December 6, 2013 by lhp (see edit history)