# Potential problem with spouse visa...any suggestions?



## itsalladream (Dec 18, 2008)

Hey guys. I'm new here, and please pardon my not becoming too knowledgable about this site before posting, but I'm feeling a bit stressed out at the moment.

I am from America and am currently teaching English in Japan. I recently got married, and am preparing to file for my wife's US visa. I didn't realize there would be a problem until I started digging a little deeper and came across the form I-864, Affidavit of Support. Now, the "Support" isn't the problem. The problem is, that during the last 2 and a half years in Japan, I haven't filed a tax return (yeah, I know), and this form requires a copy of your most recent tax return. I had been thinking that being tax exempt meant I didn't have to file...but that is seeming to be more and more incorrect.

I guess I will have to file late returns, but I have no idea how long this will take, and we are planning on leaving Japan in August 2009, when my contract runs out.

Can anyone here offer me any advice on my less than pleasant situation?

Thanks.


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## Bevdeforges (Nov 16, 2007)

Hi and welcome to the forum.

As a US citizen, you're obligated to file US tax returns forever. But don't worry, it's a common mistake. (Oh, and by the way, you're not tax exempt, you're eligible for exclusion of your overseas earned income.) 

File the returns for the last 3 years, and just make an extra set of copies to include with your wife's visa application. If you scout around a bit on the IRS website you'll find that there is an official "amnesty" program for those who didn't realize they were supposed to continue filing from abroad. File the missing returns for the past 3 years and as long as you don't have some significant amount of tax due, you're completely absolved of any suspicion of evil-doing. 

Unless you have some complicated tax situation, filling out the returns takes maybe 20 minutes per return. Download Publication 54, Forms 2555 (or the 2555 short form), 1040 and the Treasury form for reporting overseas accounts (if you have overseas bank accounts). Start with the 2555 and the whole process goes pretty quickly.
Cheers,
Bev


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## itsalladream (Dec 18, 2008)

Bev, thanks for your reply. As for my tax status, yeah, I don't know the proper terminology. All I know is I don't have to pay income tax in Japan (well, I will get it back), and I don't owe any income tax to Uncle Sam. I guess that's what you said. 

I'll look those forms up. I wasn't concerned about any suspicion. My main concern is getting this finished in time to get her visa before August, which _should_ only take about 4 months. I almost had a panic attack at my desk when I stumbled across that form...but I'm feeling a bit more comfortable about it now.

Thanks so much.




Bevdeforges said:


> Hi and welcome to the forum.
> 
> As a US citizen, you're obligated to file US tax returns forever. But don't worry, it's a common mistake. (Oh, and by the way, you're not tax exempt, you're eligible for exclusion of your overseas earned income.)
> 
> ...


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