preliminarily approved with tax question

[chinacowboywife]

I was preliminaily approved, however they want my husband to send in his 2014 tax return. He has not filed taxes for 3 years as he has been living in China and makes just a teachers salary well below 19,000 USD. He has always been told that he did not have to file taxes from co workers. The officer told me he could write a letter stating he did not have to file taxes but I want to know does he need to send proof of that and what proof does he need to include? We ae using his dad as a co-sponser so that is reason we were not worried because his dad has filed taxes. Now he is not sure if he is going to have to file, get transcript from irs, and wait. Has anyone beenin this same scenerio? Or does anyone have some advice? WE want to get this sent in soon since we are hoping to move back o states in 2 to 3 months. Also how long does it normally take to get visa after sending in needed documents?

[Randy W]

Transcripts are NOT needed - EVER (unless specifically requested - they have been known to even request that the IRS mail transcripts directly to them in cases where they have reason to question a tax return). When you fill out a tax return, IMMEDIATELY make a copy, including any W-2's or other forms submitted, BEFORE you mail it in. ALL information needed is on the tax return.

 

Transcripts are an option for those who didn't do this, or for those who simply WANT the convenience of submitting the transcript INSTEAD of a copy of the entire return. Many web sites (including this one) over-emphasize the advantages of tax transcripts over simply filing copies of the tax return with copies of all submitted forms.

 

The threshold for filing a tax return is somewhat BELOW $19,000. If your husband made MORE than this threshold, he may be required to file an income tax return and include the Form 2555 in order to EXCLUDE the Foreign Earned Income and still pay his $0 taxes. For a single taxpayer in 2014, the threshold is $9075 - for married filing jointly, it is $18150.

 

If he made BELOW those amounts, he can write a letter detailing his earnings and why it wasn't necessary for him to file while NOT claiming the Foreign Earned Income Exemption.

 

The fact of NOT filing a tax return can be a red flag. Alternatively, he can fill out and file a late tax return, showing his actual earnings and the $0 tax paid. There is no penalty or late fee for doing so, provided he really does owe $0 tax.

 

Given that they are ASKING for his tax returns, it would probably be most expedient to fill out the return and copy it NOW (no waiting needed), and submit the copy. Giving them EXACTLY what they ask seems to usually be the best option.

Edited August 18, 2015 by Randy W (see edit history)