can you file tax as nonresident when applying for relative GC.

[amitss]

do you need to file tax as resident if you have stayed outside US for 2 years ? I plan to file as non-resident as i was outside the country all of last year.

I have applied for mothers GC (i485 interview) and need to understand the process. Is GC rejected if you file tax as non -resident ?

thanks
Amit

[daru786]

do you need to file tax as resident if you have stayed outside US for 2 years ? I plan to file as non-resident as i was outside the country all of last year.

I have applied for mothers GC (i485 interview) and need to understand the process. Is GC rejected if you file tax as non -resident ?

thanks
Amit

Last I heard, you have to be living in US to sponsor someone. Please check with others too.

[nichole]

If you stay out of the US for two years, you could lose your greencard status and certainly wouldn't qualify to bring your mother to the US.

[amitss]

a citizen

thanks you guys.

sorry, wasn't clear before..i got my citizenship last year and i came back march this year and now i filed for her GC when he came to US in april 2010...

her interview is scheduled for this month but need to know is there a dependency on my tax status as resident or non for her GC approval.

thank you

[nichole]

Is your question about not filing a return? You're still not real clear to me.


From the IRS website

U.S. Citizens and Resident Aliens Abroad - Filing Requirements

If you are a U.S. citizen or resident alien living or traveling outside the United States, you generally are required to file income tax returns, estate tax returns, and gift tax returns and pay estimated tax in the same way as those residing in the United States. Your income, filing status, and age generally determine whether you must file a return. Generally, you must file a return if your gross income from worldwide sources is at least the amount shown for your filing status in the Filing Requirements table in Chapter 1 of Publication 54, Tax Guide for U.S. Citizens and Resident Aliens Abroad.

For your I-864 you are supposed to submit your most recent (2009) tax return or a written statement why you were not required to file. If you were required to file by US tax laws and just didn't, then you should get a late return filed now. Not knowing the tax laws isn't an excuse for not filing. The reason for not filing must be legal and specific, ie "I was not required to file because I was a student and my income for the year was $677 and below the filing threshold." Filing for you may not mean you are taxed if you paid foreign taxes, but the IRS wants you to report your worldwide income each year. Then you sort out deductions, exclusions, or foreign taxes paid and see if you actually owe the IRS anything. See Publication 54, downloadable from irs.gov

You also need to read the instructions for the I-864, starting on page 5, Part 4, question 15- Country of Domicile.