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Stephen G.
Stephen G., Sr Income Tax Expert
Category: Tax
Satisfied Customers: 4027
Experience:  Extensive Experience with Tax, Financial & Estate Issues
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My son lived with me from January 1st to February 12th of 2011.

Resolved Question:

My son lived with me from January 1st to February 12th of 2011. He then drove up to Canada to be with his fiance. When he crossed the border through Michigan, the border patrol stamped his passport with the stipulation that he could not work or go to school while there. He and his fiance married on April 17, 2011. They then, per instructions, started the process of paperwork needed for her to sponsor him so he could work or go to school. This entire time, he has been living off savings (almost gone), my sending him money, and his wife working. He has not had a job the entire year of 2011 and I am confused as to how to fill out his tax return. I have done both our taxes for the last four years. He receives his banking and savings statements at my address. Please advise...do I fill out the form with his Canadian address? Again... he has not worked the whole year and even though I have been sending him money to help them live, I cannot claim him as as dependent on my taxes, so what form does he fill out? They are still waiting for the Canadian government to grant him the spousal sponsorship. I need help, please!!
Submitted: 2 years ago.
Category: Tax
Expert:  Stephen G. replied 2 years ago.

Stephen E. Grizey :

Hi & thanks for using our service. I'll do my best to give you a complete & accurate answer. Please ask me to clarify anything you don't understand.

Stephen E. Grizey :

Is he required to file? How much income does he have and what are his sources of income?

Customer:

He has been living off of some money left by his deceased father and I have been sending him money. He has NO income. He is not allowed to work or go to school in Canada. His wife gets a break on their apt rent because her father co-owns the building. They have been living very sparingly and carefully while waiting for this sponsorhip to be approved.

Stephen E. Grizey :

I understand all that from your question. I doubt that he should be filing a tax return.

Customer:

Even when he lived here and one year made no money, he filed a return...the government scares me that much. I just didn't want any problems or anyone thinking he just decided not to report anything.

Customer:

Should I just write a letter explaining the situation with his return?

Stephen E. Grizey :

Well, the IRS & the Franchise Tax Board do not want those type of returns. Since they won't have sufficient income from him to require a tax return, there's no reason to be concerned.

Stephen E. Grizey :

How old is your son?

Customer:

26 years old. He has been afraid to leave Canada..thought if he did they would have to start from square one again for this sponsorship process. He had to have a medical exam, which he paid for, a government background check with the FBI ( which he also paid for) they sent in all the required paperwork in August , 2011 and are STILL waiting. So they are married, he's eating through any savings he had and they won't allow him to leave or work or go to school.

Stephen E. Grizey :

You can't write a letter unless you are doing it under a Power of Attorney. There is no point in writing a letter as they won't know what to do with it. It could cause more problems than anything else. They will probably figure that your son is a drug dealer and you as his mother is trying to keep him out of trouble. If you were to do that, you would be lucky if they through it away; they won't process something like that -- it could come from anyone.

Stephen E. Grizey :

It probably would have been a lot easier to bring her here to USA than for him to go there.

Stephen E. Grizey :

The best thing to do is comply with what the law requires; nothing more, nothing less. Stay out of the limelight.

Customer:

They are but my question is, since he was working here in the US in 2010, and then not working at all in 2011 are they going to question no return even though he has sent them in the past when he wasn't working?

Stephen E. Grizey :

Since returns aren't required; don't file them; if they were to inquire, he should respond not you. The answer is simple; he's in Canada and can't work. Besides unless they were trying to match up a W2 or 1099 with a return; they aren't going to be asking for anything.

Stephen E. Grizey :

No, they won't question it because if he was working they would have a copy of his W2 or 1099.

Customer:

Ok... so you are saying to just not file anything , correct/

Stephen E. Grizey :

If they are coming to the USA, why are they wasting their time trying to get him different status in Canada?

Customer:

They just want to visit. They do not want to move here.

Stephen E. Grizey :

There is nothing to file.

Stephen E. Grizey :

Oh, I see; I misunderstood you.

Stephen E. Grizey :

Ok, that makes sense.

Stephen E. Grizey :

So his wife isn't planning on becoming a US citizen?

Customer:

Not that I can see at the present time.

Stephen E. Grizey :

Well if he stays & works in Canada, he'll have to pay taxes to Canada & he'll still have to file a US return, but it is unlikely he would owe any tax.

Stephen E. Grizey :

What part of CA are you in?

Customer:

We will have to deal with one thing at a time. When the sponsorship comes through and he can work, they will deal with that issue. I am in southern California. One of the working poor single parents for 20 years.

Stephen E. Grizey :

Oh, well I've spent some time with clients in San Diego & I love it there;

Stephen E. Grizey :

Mission Beach & Pacific Beach reminds me of my college days at the University of Miami in Coral Gables; I'm on Cape Cod now;

Stephen E. Grizey :

Grew up here & came back to work here; now I'm retired here; except for this;

Customer:

It is beautiful. I was to Cape Cod years ago and it's great too....sounds like the perfect amount of work...convenient online . Thank you for your help. I will tell him not to file anything and just deal with it if they ask any questions. you know it really is terrible that two people who love each other have to deal with the crap governments messing up their lives. It is a shame. All the idiots and criminals go back and forth and no one seems to notice...but have two law abiding people try to have a decent life together and both sides have made it extremely difficult for them. Not right.

Stephen E. Grizey :

Yeah, I know; even here on the Cape I've had to write letters for US citizens confirming that they have enough income to support their future spouses, etc. People come here from all over the world; I wonder how the draft dodgers in my era found it so easy to go to Canada?

Stephen E. Grizey :

What is your first name, if it isn't a secret? >00<

Stephen E. Grizey :

Please remember to click on the green "ACCEPT", or the "smiley face" as appropriate; that is the only way we get credit for our work, even if you are on a subscription plan. Feedback, if you have time and bonuses, where you think they are warranted, are always most appreciated. Before or after you ACCEPT, I will be happy to answer any additional follow-up questions you may have. Thanks again for using our service.

If you'd like to contact me again, in the future, just ask for "Steve G" at the beginning of your question.

Stephen E. Grizey :

It was a pleasure talking with you.............

Stephen G., Sr Income Tax Expert
Category: Tax
Satisfied Customers: 4027
Experience: Extensive Experience with Tax, Financial & Estate Issues
Stephen G. and 4 other Tax Specialists are ready to help you

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