no tax returns

[xulei601]

Hi,

 

I wonder if anybody can offer me a reassuring word. I've been living in China for several years and haven't bothered to file tax returns, since my meager income does not require that I pay any. Now, applying for a K-1 visa, they have suddenly become quite important.

 

My parents are going to be joint sponsors of my fiance. They are well above the poverty level, so that should not be any problem. But will my lack of tax returns have any repercussions? There's really nothing I can do about them now, so hopefully somebody can just set my mind at ease.

 

Thanks!

[frank1538]

Hi,

 

I wonder if anybody can offer me a reassuring word.  I've been living in China for several years and haven't bothered to file tax returns, since my meager income does not require that I pay any.  Now, applying for a K-1 visa, they have suddenly become quite important.

 

My parents are going to be joint sponsors of my fiance.  They are well above the poverty level, so that should not be any problem.  But will my lack of tax returns have any repercussions?  There's really nothing I can do about them now, so hopefully somebody can just set my mind at ease.  

 

Thanks!

Here's a link to a somewhat dated FAQs about how to document the lack of income tax returns. While this deals with the I-864, it should have equal applicability to the I-134 which GZ currently requires at the time of the interview. Others on this site have encountered a similar problem when working in China. Maybe they will chime in.

 

http://uscis.gov/graphics/publicaffairs/fa...eets/affaqa.htm

[MRMC]

If you were required to file income tax and are a US Citizen, you might want to contact a tax attorney. Your main problem might be with the IRS. I would at least contact the IRS or file your returns late. Better late then never. If you are sure you are not required to file then the sponsor's returns are what you would use along with listing of any assets you have.

[Bruce&Ying]

From reading posts here, and hearing about posts on 001, it seems that tax returns are ALWAYS required. Yet the instructions on the I-134 form mentions them only in reference to self-employed persons.

 

Are there cases where a person who has documented their employment with the letter from their employer (as specifically requested in the instructions) has been be rejected for failing to bring tax returns too?

 

Thanks in advance,

 

Bruce

 

 

Met in Shanghai 6/25/2003

Got an apartment together 3/01/2004

K-1 petition mailed to US 7/11/2004

p1 received 7/27/2004

p2 received 8/06/2004

p2.5 received 8/22/2004

p3 received 9/16/2004

p3 returned to GZ 9/17/2004

Bruce returned to US 9/18/04

Waiting.....

[frank1538]

I ran across this interesting link dealing with US embassy's need for tax returns. While it deals with Korea, by referencing a statutory requirement for tax returns, it makes me think the same would apply in China: http://usembassy.state.gov/Seoul/wwwh2250.html#seven

 

The bottom line seems to be that if you were obligated to file income tax returns with the IRS then you MUST submit copies. However, if no tax returns were filed because you were not obligated to file with the IRS, this doesn't disqualify you as long as you can otherwise meet the income/asset tests. Again, bear in mind 1) the link deals with the I-864 and not the I-134 and 2) it's from the US embassy in Korea.

[Trigg]

My income is non-taxable and therefore I do not-or did not at the time-file tax returns. I provided proof of income for the I-134 and I-894 but zero tax returns.. she got her visa no problem and AOS is pending