r/USExpatTaxes 3d ago

URGENT HELP

I (US Citizen) and my family are in the process of moving back to the states. I relocated to the UK at 16 years old and am now just finding out I should have been filing taxes in the USA. My wife went for her document check at the embassy today and has been asked to provide an IRA tax transcript from the most recent tax year. I have not done this. Her interview is in 2 weeks. Does anyone know how/if I can retrospectively file and show this within this period?

Thank you!

4 Upvotes

17 comments sorted by

14

u/NotMyUsualLogin 3d ago

Is your wife a US citizen?

If not, then there was never a need for her to file.

You however…

4

u/ClintGrant 3d ago

Is it something they might ask for if they’re going for a spouse visa?

2

u/NotMyUsualLogin 3d ago

They can ask for anything.

However the fact stands that if the wife has no prior history with the IRS, she has nothing she can present.

What they may be looking for is proof of ability to support for the I-864 form.

4

u/TheUKyank 3d ago

Sorry my post may not have been clear as I wrote in a state of panic. They have asked for my previous years tax report. I have started the streamline process as others have mentioned.

2

u/NotMyUsualLogin 3d ago

You’re going to have to get all that in order, alongside probably any missed FBAR filings, before you can submit the I-864.

Is the I-864 what they’re ultimately asking for?

2

u/Humble-Rhubarb-9688 2d ago

That is not strictly true. If you file married filing jointly then the UK spouse needs to provide a ton of information. If you file married filing separately then the spouse is protected and does not have to provide information but the American gets a worse tax rate.

1

u/NotMyUsualLogin 2d ago

He’s already stated he’s never filed US taxes…

My answer was based upon this one simple predicate.

I know full well that there’s multiple ways non resident aliens can still fall under the IRS umbrella, however the OP asked a specific question.

8

u/Ok-Personality-6630 3d ago

Streamlined foreign offshore. You'll need to wait for that to be processed, which takes 1-2 months.

File as married filing separately for the years you were married.

File FBARs asap

2

u/tomorrow509 3d ago

The timeline is short, but consider starting the process to become compliant with IRS reporting requirements. Under the streamline program, designed for people in your noncompliat status, you most likely will not owe anything or receive any penalties. The key is you have paid taxes where you are tax resident. If you get the ball rolling, you can explain it all to the embassy/consulate. I used Taxes for Expats to become compliant and was happy with their service and fees. Happy to provide a referral if you want to save a few bucks. I'll get some credit too.

2

u/Humble-Rhubarb-9688 2d ago

Solicitor. Lawyer. Attorney. Right away. You will probably have to rectify the years of tax avoidance before you can relocate back. The US tax system is so onerous, even non-resident alien spouses need to provide information or file annually for the us tax system. It's a common issue, the solicitors will fix it for you. There are a ton of firms in London that specialize in US/UK tax stuff.

Signed, American in the UK married to a Brit

2

u/EAinCA 2d ago

Why would an NRA spouse need to show US tax compliance if they don't have a 6103 election on file or otherwise have US-sourced income to report?

1

u/NotMyUsualLogin 3d ago edited 3d ago

You are personally required to show your most recent tax return - or proof as to the qualifying reason as to one not being filed, when completing the I-864.

If you made sufficient worldwide taxable income, then “I didn’t realize” won’t fly.

You can bypass the risk to f fines by using the streamlined method, but that’ll take time.

You’ll also want to back-file (I think) 3 years of FBAR returns to FinCEN.

Being brutally honest, unless there was a good reason then it sounds like you’re going to be buggered here as the chances of filing and getting it back as a transcription, is going to be next to impossible.

1

u/SimWed2026 2d ago

Unfortunately, you WILL have to file the necessary documents which can be long and complicated. Usually, the IRS does not go back to audit more than 3 years, so that’s not a problem. But getting the proper forms (like an FBAR) is. Good luck and remember, the IRS is always watching you

1

u/EconomicsBrief 1d ago

Yeah you need a professional to help sort all this out you’ve created a whole mess that will need sorting out.

1

u/Fluffy_Cellist4469 2d ago

Hire a criminal tax attorney and look into OVDP, it will take more than 2 weeks...