# Thinking of moving to USA. Wife is American.



## webcat86 (Mar 21, 2013)

Hi all, new here but hoping for some advice.

My wife is American, and to cut a long story short, she applied to move to England on a fiance visa. That application was very straightforward - there was no medical, for example, and because it was USA to UK it was able to be expedited, so it took only a week to get approved.

We wed in 2011, and as of November this year she will be a permanent resident. Lately, I have been giving some thought to moving out there (with her, of course!). I was hoping for some advice on what the process would be?

I've looked on some sites/forums, UCSIS, embassies etc but it's all generic information and all the contact numbers are American, which i can't afford. So ideally hoping for advice from someone who has done it.

If it makes any difference, I also have a Canadian residency. My mother applied for this while I was under 21, so i was automatically part of her application. After the medical in 2009, the results were clear and I have a visa in my passport. Can this medical result be used for America?

The reason i'm concerned about the medical isn't that i'm in ill health (like i said, i have the all clear), but i'm extremely phobic of blood tests and i will try to avoid them at all costs. I had the full one done for the Canadian visa, and in 2010 I also had a subsequent blood test for AIDS, under instruction from my fiance! Again, all clear, and i have the documentation from it. (For the record, like the US medical, the Canadian one was performed by an embassy-approved physician, not a general GP.)

So basically, my questions are:

1) How straightforward is it for me to get a US visa? It was easy for my wife because she was American, is the favour returned from the US to Brits?

2) As a UK citizen, will a medical be needed? My wife didn't need one because she was from America, so was not considered to be from a risky place.

3) If a medical is required, will the recent Canadian one suffice, or will i have no choice but to go back under the needle?

4) As Britain is part of the Visa Waiser Program, I have been able to spend 3 months out there, come home for a week then go back for a further 3 months, without a visa. Is there a possibility that i could do that again but apply for a change of status while there, or is there no point as my wife is American?

5) Could my Canadian visa make entry easier?

6) What's a realistic timeframe, given my marriage to an American?



Sorry for the long post, and thanks in advance!


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## twostep (Apr 3, 2008)

What the British and Canadian do is their business.
As spouse to a US citizen she will have to petition CR1 or potentially Direct Consular Filing (this depends on the length of yur marriage and your location, the site of the US Embassy will state if it can be filed there). Travel.state.gov and uscis.gov give very detailed information regarding the petition, fees, documentation and medical exams/vaccinations/... Your spouse has filed her US tax returns? Affidavit of Support (details on uscis.gov) seems to be an issue for a lot of petitioners. 
You will find a lot of information here. Use the search option or scroll through old posts.
Realistically you are looking at 6-12 months processing time given everything is in order.


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## webcat86 (Mar 21, 2013)

twostep said:


> What the British and Canadian do is their business.
> As spouse to a US citizen she will have to petition CR1 or potentially Direct Consular Filing (this depends on the length of yur marriage and your location, the site of the US Embassy will state if it can be filed there). Travel.state.gov and uscis.gov give very detailed information regarding the petition, fees, documentation and medical exams/vaccinations/... Your spouse has filed her US tax returns? Affidavit of Support (details on uscis.gov) seems to be an issue for a lot of petitioners.
> You will find a lot of information here. Use the search option or scroll through old posts.
> Realistically you are looking at 6-12 months processing time given everything is in order.


Well, yes, it is their business. I don't quite understand the purpose of that comment?

I have already looked at the websites, I did explain in my opening post that the information is very generic and does not mention things like different countries or circumstances, which is why I posted here.

Yes, she has filed her US tax returns.


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## Bevdeforges (Nov 16, 2007)

I just had a look at the London Embassy pages on filing for a visa if you're married to a US citizen, and it looks pretty straightforward to me: Filing I-130/I-360 | Embassy of the United States

Your wife will have to file a petition to sponsor you, which means that she must either be able to provide for you (i.e. job and a place to live) or she must have one or more co-sponsors who can provide for you financially. Most folks use their parents or other family member, who often will offer them a place to stay until they get set up with jobs.

But no, having a visa to Canada (or any place else) isn't going to help with the US process. And no, the Canadian medical exam won't fly for the US medical requirement. Medical Examination | Embassy of the United States Looks like you're going to need to have another blood test.
Cheers,
Bev


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## twostep (Apr 3, 2008)

webcat86 said:


> Well, yes, it is their business. I don't quite understand the purpose of that comment?.


For US Immigration purposes it is irrelevant what policies/proceedures other countries have in place/follow and/or what the respective applicant provided.



webcat86 said:


> I have already looked at the websites, I did explain in my opening post that the information is very generic and does not mention things like different countries or circumstances, which is why I posted here..


There are no "other countries" for US spousal visa purposes. It is cut and dry CR1. Some US Embassies still process DCF which depends on the individual embassy and the duration of your marriage.

travel.state.gov goes into detail regarding medical/vaccinations from what is required to which physician is approved to provide the service. The only vaccination waiver I have heard of was a spouse during a high risk pregnancy. Immigrant Visa for a Spouse of a U.S. Citizen (IR1 or CR1)

What other "circumstances" are you talking about?




webcat86 said:


> Yes, she has filed her US tax returns.


Good! She will need them.


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## webcat86 (Mar 21, 2013)

twostep said:


> There are no "other countries" for US spousal visa purposes.


This was pretty clear in my first post, did you read it?

I said that the visa from the US to the UK was expedited because the relationship between the US and UK was such that it is the ONLY country, in the world, that Britain allows to be processed so quickly, and not require medical exams. So my question was simply if that is also true in reverse i.e. UK to US. It's really a simple question.

Why would she need to keep filing her US tax returns if she has left the country?


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## webcat86 (Mar 21, 2013)

Bevdeforges said:


> I just had a look at the London Embassy pages on filing for a visa if you're married to a US citizen, and it looks pretty straightforward to me:
> 
> Your wife will have to file a petition to sponsor you, which means that she must either be able to provide for you (i.e. job and a place to live) or she must have one or more co-sponsors who can provide for you financially. Most folks use their parents or other family member, who often will offer them a place to stay until they get set up with jobs.
> 
> ...



Thanks.
Sometimes it looks straightforward, other times it doesn't. For instance:

Is Residence in the U.S. Required for the U.S. Sponsor?

Yes. As a U.S. sponsor/petitioner, you must maintain your principal residence (also called domicile) in the U.S., which is where you plan to live for the foreseeable future. Living in the U.S. is required for a U.S. sponsor to file the Affidavit of Support, with few exceptions.



So does this mean my wife would have to go out there, find a place to live, then sponsor me in?


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## twostep (Apr 3, 2008)

webcat86 said:


> Why would she need to keep filing her US tax returns if she has left the country?


It is US law.


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## webcat86 (Mar 21, 2013)

Ok, so the special relationship with the US and UK where Britain allows in US citizens without a medical and with an expedited request is a one way thing?


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## Crawford (Jan 23, 2011)

You should also bear in mind that, although she will have her permanent residency this year, if she returns to the US for over 2 years, there is the likelyhood that she will lose the permanent residency. 

You will then need to re-appy for a spouse visa for her if you both wish to return to the UK.

You might want to think about British citizenship for her before you move to the US.


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## webcat86 (Mar 21, 2013)

Crawford said:


> You should also bear in mind that, although she will have her permanent residency this year, if she returns to the US for over 2 years, there is the likelyhood that she will lose the permanent residency.
> 
> You will then need to re-appy for a spouse visa for her if you both wish to return to the UK.
> 
> You might want to think about British citizenship for her before you move to the US.


Thanks for pointing this out, I forgot to mention that we always agreed we would stay here at least until she got her citizenship. I think she plans on taking that test immediately upon being able to, which would be later this year.


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## twostep (Apr 3, 2008)

webcat86 said:


> Thanks.
> Sometimes it looks straightforward, other times it doesn't. For instance:
> 
> Is Residence in the U.S. Required for the U.S. Sponsor?
> ...


Basically yes. She needs a street address. Does she not have family? This was a long topic recently. Have you used search option?
You can self-sponsor AoS or go through co-sponsors. Again - a number of recent threads about that.


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## webcat86 (Mar 21, 2013)

twostep said:


> Basically yes. She needs a street address. Does she not have family? This was a long topic recently. Have you used search option?
> You can self-sponsor AoS or go through co-sponsors. Again - a number of recent threads about that.


Sure, she has plenty of family out there so that's no problem.

I have used search option but in all honesty, in all my years of using a forum i've never had joy in finding the right info - even if i am looking for a specific thread that i know exists, i can't find it.


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## Bevdeforges (Nov 16, 2007)

webcat86 said:


> So does this mean my wife would have to go out there, find a place to live, then sponsor me in?


Basically the rule has always been that the sponsoring spouse must be seriously in the process of returning to the US - as evidenced by having secured a job, residence, and other trappings of US residence-to-be. And yes, she would have to have some sort of housing and financial resources arranged in advance of the move.

But if that hasn't happened yet, then your wife would need to find a co-sponsor to vouch for you until you and your wife get yourselves set up. This is very often a family member you can stay with while house or apartment hunting.
Cheers,
Bev


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## webcat86 (Mar 21, 2013)

Bevdeforges said:


> Basically the rule has always been that the sponsoring spouse must be seriously in the process of returning to the US - as evidenced by having secured a job, residence, and other trappings of US residence-to-be. And yes, she would have to have some sort of housing and financial resources arranged in advance of the move.
> 
> But if that hasn't happened yet, then your wife would need to find a co-sponsor to vouch for you until you and your wife get yourselves set up. This is very often a family member you can stay with while house or apartment hunting.
> Cheers,
> Bev


So essentially, if her parents or siblings agreed to co-sponsor, I could apply for my visa and we could go out together?


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## Bevdeforges (Nov 16, 2007)

webcat86 said:


> Why would she need to keep filing her US tax returns if she has left the country?


The US taxes based on citizenship AND residence. Unlike just about any other country in the world. As long as you hold US citizenship (or a green card) you're expected to send in your annual "love letter" (i.e. tax forms) every year.
Cheers,
Bev


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## webcat86 (Mar 21, 2013)

Bevdeforges said:


> The US taxes based on citizenship AND residence. Unlike just about any other country in the world. As long as you hold US citizenship (or a green card) you're expected to send in your annual "love letter" (i.e. tax forms) every year.
> Cheers,
> Bev


Huh. I find that very peculiar i have to say. Luckily she's been doing them, but i would have thought if you're not earning anything in a country you don't need to do it.


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## Bevdeforges (Nov 16, 2007)

webcat86 said:


> Huh. I find that very peculiar i have to say. Luckily she's been doing them, but i would have thought if you're not earning anything in a country you don't need to do it.


Like I said, the US is unique in its approach to taxation. That it's kind of peculiar is probably the nicest thing I've heard anyone say about it.
Cheers,
Bev


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## twostep (Apr 3, 2008)

webcat86 said:


> So essentially, if her parents or siblings agreed to co-sponsor, I could apply for my visa and we could go out together?


No. 

Parents and/or siblings have to proof that they have the required income. 125% of poverty level for the household size on their tax return plus sponsored party. USCIS - I-134, Affidavit of Support

Read the filing instructions on CR1 and CDF. Basically the same. You cannot apply for anything. Your spouse has to petition for you. Petition gets approved then you go to your visa interview. Once your Green Card has been approved you have six months to move to the US. The time line is between 6-12 months.


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## webcat86 (Mar 21, 2013)

twostep said:


> No.
> 
> Parents and/or siblings have to proof that they have the required income. 125% of poverty level for the household size on their tax return plus sponsored party. USCIS - I-134, Affidavit of Support
> 
> Read the filing instructions on CR1 and CDF. Basically the same. You cannot apply for anything. Your spouse has to petition for you. Petition gets approved then you go to your visa interview. Once your Green Card has been approved you have six months to move to the US. The time line is between 6-12 months.


Sorry what i meant was, if the family co-sponsor and prove they have enough earnings, we can go out together? Rather than her going out, finding a job and place to live, then sponsoring me, then me flying out later.


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## webcat86 (Mar 21, 2013)

Bevdeforges said:


> Like I said, the US is unique in its approach to taxation. That it's kind of peculiar is probably the nicest thing I've heard anyone say about it.
> Cheers,
> Bev


Well she spoke to her mum last night, who said she spoke to the accountant last year and he told them that she won't have to do any more tax returns because she has no US earnings. So now we're really confused, because you guys are saying it's a legal requirement, but the American account in America is saying if you leave the country and have no earnings for the year, there's nothing to file. She also said she couldn't do a tax return this year anyway because she doesn't have the W2 (?) form that her employer would give at the end of the year.


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## Bevdeforges (Nov 16, 2007)

webcat86 said:


> Well she spoke to her mum last night, who said she spoke to the accountant last year and he told them that she won't have to do any more tax returns because she has no US earnings. So now we're really confused, because you guys are saying it's a legal requirement, but the American account in America is saying if you leave the country and have no earnings for the year, there's nothing to file. She also said she couldn't do a tax return this year anyway because she doesn't have the W2 (?) form that her employer would give at the end of the year.


Hate to disagree with a fellow accountant, but the accountant you spoke with is dead wrong. US citizens are expected to file US taxes reporting their worldwide income, no matter where they live in the world.

Download this from the IRS website. It explains it all. www.irs.gov/pub/irs-pdf/p54.pdf

A W-2 form is required for US employment. For overseas employment, you just indicate the earnings on the appropriate line of the form. If using software to file, there is normally a special ersatz form to fill in for non-US salary income.
Cheers,
Bev


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## webcat86 (Mar 21, 2013)

Bevdeforges said:


> Hate to disagree with a fellow accountant, but the accountant you spoke with is dead wrong. US citizens are expected to file US taxes reporting their worldwide income, no matter where they live in the world.
> 
> Download this from the IRS website. It explains it all. www.irs.gov/pub/irs-pdf/p54.pdf
> 
> ...


What an obscene requirement.

It says "your worldwide income generally is subject to
U.S. income tax, regardless of where you are
living"

Does that mean she actually has to _pay_ US tax, or they just need it declared? Surely she isn't to pay tax here and there...


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## twostep (Apr 3, 2008)

webcat86 said:


> Sorry what i meant was, if the family co-sponsor and prove they have enough earnings, we can go out together? Rather than her going out, finding a job and place to live, then sponsoring me, then me flying out later.


Again - you will be in the UK to go through the interview process. After you receive your Green Card approval package you have six months to make the move to the US. The sponsor, in your case your spouse, needs proof of residence, ... Why not read the requirements on the links given to you?


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## twostep (Apr 3, 2008)

webcat86 said:


> What an obscene requirement.
> 
> It says "your worldwide income generally is subject to
> U.S. income tax, regardless of where you are
> ...


This is March 22. She had plenty of time to follow up with the US employer to receive a duplicate of the W2 she needs for her 2012 tax return. Time is running out as the filing deadline is getting closer.

Generally there is no double-taxation but world wide income has to be declared.

Whoever mother spoke with is not familiar with the requirements.


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## webcat86 (Mar 21, 2013)

twostep said:


> Again - you will be in the UK to go through the interview process. After you receive your Green Card approval package you have six months to make the move to the US. The sponsor, in your case your spouse, needs proof of residence, ... Why not read the requirements on the links given to you?


I'm not sure why my posts don't make sense to you, but that's not what i asked.

I am well aware that the interviews will take place while i am in the UK, that is obvious and i haven't questioned it.

I am also well aware that i will have 6 months to move, i didn't question that either.

What i actually asked was, if the family demonstrates high enough earnings to be co-sponsors, can my wife and I go out there together *if i am issued a green card*, or will it still involve her moving out in advance?

Please stop complicating my questions, because I am asking as simply and directly as I can. This is a confusing enough issue as it is without you chastising me over questions i haven't asked.


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## webcat86 (Mar 21, 2013)

twostep said:


> This is March 22. *She had plenty of time to follow up with the US employer to receive a duplicate of the W2 she needs for her 2012 tax return*. Time is running out as the filing deadline is getting closer.
> 
> Generally there is no double-taxation but world wide income has to be declared.
> 
> *Whoever mother spoke with is* not familiar with the requirements.


Her accountant told her that, the same one who has always done their tax returns. So it isn't so much an issue of "she had plenty of time" but couldn't be bothered, we had been misinformed by a professional that is wasn't necessary.

Are you saying she has to contact her previous employer for a copy of the W2?


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## twostep (Apr 3, 2008)

webcat86 said:


> Her accountant told her that, the same one who has always done their tax returns. So it isn't so much an issue of "she had plenty of time" but couldn't be bothered, we had been misinformed by a professional that is wasn't necessary.
> 
> Are you saying she has to contact her previous employer for a copy of the W2?


If she has not received it within a reasonable time period (as far as I know 01/31 is cut off date for sending them out) it may have gotten lost for whatever reason. Tax filing has a deadline unless an extension has been applied for and granted.


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## Bevdeforges (Nov 16, 2007)

twostep said:


> If she has not received it within a reasonable time period (as far as I know 01/31 is cut off date for sending them out) it may have gotten lost for whatever reason. Tax filing has a deadline unless an extension has been applied for and granted.


Twostep, I think there's a misunderstanding here somewhere. My take on what the OP said was that Mom's accountant said that the wife doesn't need to file US taxes unless she has US income - which is dead wrong. 

The accountant also appears to have said that if a person doesn't have a W-2, they don't need to (or "can't") file US taxes. This is also dead wrong. Anyone filing from overseas with a salary job isn't going to have a W-2. But they still have to file.

webcat86, to answer your question - the obligation is to file US taxes. There is a treaty that is supposed to eliminate double taxation (i.e. both jurisdictions claiming tax due on the same income). It's not perfect, but salary-type income can be officially "excluded" using form 2555 (the foreign earned income exclusion - FEIE). Other sorts of income (bank interest, for example) is usually subject to a direct tax credit for taxes already paid where you live (i.e. the UK for you) on that income. 

And yeah, it sucks - but it has been that way for ages and isn't likely to change any time soon. Often, you can get away without filing while living abroad, but it comes back to bite you when you want to do things like sponsoring your NRA spouse for a visa.
Cheers,
Bev


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## webcat86 (Mar 21, 2013)

Bevdeforges said:


> Twostep, I think there's a misunderstanding here somewhere. My take on what the OP said was that Mom's accountant said that the wife doesn't need to file US taxes unless she has US income - which is dead wrong.
> 
> The accountant also appears to have said that if a person doesn't have a W-2, they don't need to (or "can't") file US taxes. This is also dead wrong. Anyone filing from overseas with a salary job isn't going to have a W-2. But they still have to file.
> 
> ...


exactly, thank you. the situation was we were never told she had to file abroad, so the first I heardbof it was on here when I made this thread. 

I mentioned it to her this afternoon and now she is really stressed out. immigration aside, can you please tell me where to get the form she needs for filing a tax return?


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## twostep (Apr 3, 2008)

Bevdeforges said:


> Twostep, I think there's a misunderstanding here somewhere. My take on what the OP said was that Mom's accountant said that the wife doesn't need to file US taxes unless she has US income - which is dead wrong.
> 
> The accountant also appears to have said that if a person doesn't have a W-2, they don't need to (or "can't") file US taxes. This is also dead wrong. Anyone filing from overseas with a salary job isn't going to have a W-2. But they still have to file.
> 
> ...


Thank you Bev - I got the W2 wrong. As long as she has all her tax returns filed.


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## webcat86 (Mar 21, 2013)

twostep said:


> Thank you Bev - I got the W2 wrong. As long as she has all her tax returns filed.


She did one last year, as she earned money in 2011. She hasn't done one this year, right now she's on the phone to her parents in America and trying to get them to talk to the accountant again with the PDF Bev posted earlier. But we have no idea what to do next, because no authority told us about this. I spoke to a friend of mine who also married an American who moved over here on the same visa, and she hasn't been filing them because she was unaware of it too.


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## Davis1 (Feb 20, 2009)

webcat86 said:


> Ok, so the special relationship with the US and UK where Britain allows in US citizens without a medical and with an expedited request is a one way thing?


the special relationship between the 2 countries was a phrase used in 1939-1945 era 
and it referred to politicians and has nothing to do with modern days.

There is a list of 5-10 million relatives of US citizens waiting to get into the USA 
you are but one .. the rules are the same for everybody


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## webcat86 (Mar 21, 2013)

Davis1 said:


> the special relationship between the 2 countries was a phrase used in 1939-1945 era
> and it referred to politicians and has nothing to do with modern days.
> 
> There is a list of 5-10 million relatives of US citizens waiting to get into the USA
> you are but one .. the rules are the same for everybody



well no, if you read my first post it is clear what I was referring to


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## Bevdeforges (Nov 16, 2007)

webcat86 said:


> She did one last year, as she earned money in 2011. She hasn't done one this year, right now she's on the phone to her parents in America and trying to get them to talk to the accountant again with the PDF Bev posted earlier. But we have no idea what to do next, because no authority told us about this. I spoke to a friend of mine who also married an American who moved over here on the same visa, and she hasn't been filing them because she was unaware of it too.


Basically, if she hasn't been filing US taxes - or has only filed on US source income, she'll need to file the current year (i.e. 2012) plus three years in arrears. Chances are, between the FEIE and any tax credits, she'll owe nothing. In fact, for some of that time, she may not have been subject to filing (if her income was under the filing threshold - though for "married, filing separately" the threshold is pretty low).

But to sponsor a NRA spouse for a visa, she will need to show that she has filed at least the last three years. She's is hardly the first (nor will she be the last) to have found out about the filing requirement only when looking to return to the US.
Cheers,
Bev


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## webcat86 (Mar 21, 2013)

Bevdeforges said:


> Basically, if she hasn't been filing US taxes - or has only filed on US source income, she'll need to file the current year (i.e. 2012) plus three years in arrears. Chances are, between the FEIE and any tax credits, she'll owe nothing. In fact, for some of that time, she may not have been subject to filing (if her income was under the filing threshold - though for "married, filing separately" the threshold is pretty low).
> 
> But to sponsor a NRA spouse for a visa, she will need to show that she has filed at least the last three years. She's is hardly the first (nor will she be the last) to have found out about the filing requirement only when looking to return to the US.
> Cheers,
> Bev


thanks. so far she is not behind as she did file in 2012, and she is trying to explain the situation to her parents, who are not believing it because the accountant said otherwise. nonetheless we have forwarded the pdf you supplied over to them. but what is the form she needs now and can we get it from the IRS site?


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## Bevdeforges (Nov 16, 2007)

The pdf (publication 54) explains most of the forms she'll need. To backfile, there is a special section in the IRS forms and publications section on their website with prior year's forms. Normally, what she needs to file are a 1040, Schedule B (to tick the little box whether or not she has foreign bank accounts to report) and a form 2555. But the forms need to be for the proper years if she's back filing.

You may want to send this to your inlaws and the accountant: U.S. Citizens and Resident Aliens Abroad - Filing Requirements

directly from the horses', um, "mouth."
Cheers,
Bev


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## webcat86 (Mar 21, 2013)

Bevdeforges said:


> The pdf (publication 54) explains most of the forms she'll need. To backfile, there is a special section in the IRS forms and publications section on their website with prior year's forms. Normally, what she needs to file are a 1040, Schedule B (to tick the little box whether or not she has foreign bank accounts to report) and a form 2555. But the forms need to be for the proper years if she's back filing.
> 
> You may want to send this to your inlaws and the accountant: U.S. Citizens and Resident Aliens Abroad - Filing Requirements
> 
> ...


thank you


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