Sponsoring a Foreign Spouse – American Expats
A lot of Expats didn’t file a Korean Tax Return during his stay in Korea, and neither for US Tax Return to IRS since didn’t know how to do that and misunderstood that they may not need to file cause of lack of income amount.
Usually if the income amount is less than 30mil.won, it may not that serious even if you got the tax bill claimed by a tax office, but if it’s more than that you may get a big amount of tax bill suddenly, and fall in trouble.
It’s too late to file since it’s already claimed, you need to pay first and need to take a grievance procedure with a proper evidence while hiring a Tax Accountant.
For US Tax Return, you can just file for exclusion as a resident in Korea if your income was less than 90,000U$ per year.
While living in another country, it is common for expats to meet and marry foreign nationals. However, for American citizens who wish to bring their spouses back to the US, previously failing to file taxes can prove to be a stumbling block.
Americans wishing to sponsor a foreign spouse for permanent residency (a “Green Card”) need to fill out the I-864 form – the Affidavit of Support.
Accompanying this form must be a copy of your federal income tax return for the most recent tax year.
Furthermore, if you failed to file a federal income tax return within the past three years, it is necessary for you to file a late return with the IRS and attach the resulting transcript to your I-864.
If you were not required to file a federal income tax return within the past three years, then it is necessary for you to attach a written explanation to your submission.
An Affidavit of Support without the appropriate documentation will, almost certainly, be rejected.
Sponsoring a spouse for permanent residency can be, in itself, a tedious task.
Taxation issues can cause delays and make the process even more stressful.
If you have any doubts about your tax situation, it is strongly recommended to consult with a tax professional prior to filing your I-864.
More questions please send me an email to stevenhanson@ipglegal.com
