US citizen living abroad

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princesslux

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I am a USC living in India on a long-term basis.I have filed I-130 for my husband who is an Indian citizen.
Regarding Affidavit of Support ( I-864 ), since I have been living in India for an uninterrupted period of several years , and have no income from US sources, am I required to file Income Tax?
I qualify for the Affidavit in terms of having an adequate $value of assets ,however I have not filed any tax returns.
I have included a personal sponsor letter from a non-USC.

Would this be enough?..Any advice would be beneficial:)
 
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Hi Princesslux,

You should consult www.irs.gov for your questions regarding filing taxes as US citizen residing abroad, their information is quite helpful.. I am sure someone can help you with your I-864 question. I am not aware of an answer to this question.
 
Thanks Ashin,

Since this is a complex issue I have already referred the IRS site. According to the tax treaty bw India and USA , to prevent double taxation , it says:
"Income,other than a pension,paid by India,its political subdivisions,or local authorities to an individual for services performed for the paying governmental body is exempt from US income tax.However the exemptiondoes not apply if the services are performed in the United States......" ( according to IRS publication 901 US Tax Treaties).
However I am not sure about the details of the law...:(
 
Princess lux,

Let me ask you one thing, are you and your husband planning to come back to States and live? Or are you still planning on continuing to live in India. Remember if you are sponsoring if for permanent resident card, it means you both have to spend time living in United states and not just temporary time. I believe to be a sponsor, you have to have income and domicile in States.

If you see on the form for I-864 on USCIS webpage you will find this:
A sponsor completes and signs Form I-864. A sponsor is required to be at least 18 years old and domiciled in the United States, or its territories or possessions (see Step-by-step Instructions for more information on domicile). The petitioning sponsor must sign and complete Form I-864, even if a joint sponsor also submits an I-864 to meet the income requirement. The list below identifies who must becomes ponsors by completing and signing a Form I-864.

So, I just you need to read up this form in more details.
 
Hi there,contact the US empassy in india first

Be carefull ,they don'y accept anymore i 130 overseas,read this:
If you are planning to go oversease to file i 130 for a relative(spouse,childrens,parents),you must change your plans, read this link ,

Filing Form I-130 From Overseas

Effective immediately, United States embassies and consulates overseas will no longer accept petitions for family-based immigrant status (I-130) from petitioners living outside the United States. These individuals should now file their I-130 petitions with certain USCIS Service Centers (see the Related Link "I-130, Petition for Alien Relative" for more information).

Petitioners who are traveling overseas, but actually live in the United States should file their I-130 petitions with the appropriate Service Center according to the instructions on the form.
 
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Yes Ashin. Me and my husband are planning to permanently settle in the US. We both are working professionals ( here in India ).
Regarding domicile...Again that varies with each case and it has been mentioned in explanation of domicile...that seeking to once again establish domicile through employment or other means also qualify the domicile test. Else they would not have accepted my petition in the first place as I have given my permanent residence as an Indian address.
And Sam....about the I-130 processing overseas....The Delhi Consulate has already accepted my petition and I have received an interview date also :confused:
Anyway I will look into this....Perhaps it is a new rule?!? :confused:
 
There are no such updates in the Indian consulate websites. Perhaps it is mentioned for some specific locations....
In the New delhi website it states:
'The USCIS Office in New Delhi accepts Form I-130 [Petition for Alien Relative] by U.S. citizens filing for the immigration of their family members classifiable as “immediate relative.”"....some conditions are there like you must be have resided in india for 60 days just b4 petitioning etc etc...
Anyway thanks for the info :)

Once again if anyone has any information regarding the tax laws pertaining to my case do throw some light on this matter! :(
 
I hope i am wrong,there is a lot is goinng on,i saw these updates in the oringnal INS webside on 26,27.28 Jan and the page is removed after that,i hope they change there minds,i will just keep my finger crossed,as i am overseas and i want to apply from there,,,,,
 
Hi Lux,
You should write and ask IRS about your specific tax questions. You can contact the following from India.

Taxpayers located outside the U.S. may also contact the IRS by mail at:

Internal Revenue Service
P.O. Box 920
Bensalem, PA 19020

Or you may telephone or FAX the Philadelphia Service Center office at:

Tel: 215-516-2000 (not toll-free)
Fax: 215-516-2555

Phone service available from 6:00 am to 11:00 pm (EST) M-F

Best wishes,
 
Thanks Ashin.....The contact info is a BIG help:):)
And regarding filing I-130 overseas......I hope they dont take a drastic step like that cuz its gonna affect a lot of people who live overseas....Anyway check with the consular website presiding in your country to find out the latest news.
Like you said , lets keep our fingers crossed :eek:
 
princesslux said:
I am a USC living in India on a long-term basis.I have filed I-130 for my husband who is an Indian citizen.
Regarding Affidavit of Support ( I-864 ), since I have been living in India for an uninterrupted period of several years , and have no income from US sources, am I required to file Income Tax?
I qualify for the Affidavit in terms of having an adequate $value of assets ,however I have not filed any tax returns.
I have included a personal sponsor letter from a non-USC.

Would this be enough?..Any advice would be beneficial:)
Click to expand...

Hi:

Just because you don't have to PAY tax, does not mean that you do not have to FILE tax returns. As a US citizen residing abroad, you MUST file US income tax returns.

You should inquire about back-filing for the years you did not file.
 
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