I-864 questions Part 6 #23 and Down

[vpr]

I'm finding conflicting reports when it comes to this part of the form (have looked at VJ/FBI/CFL) so I want to get some clarification before I input everything.

 

First off, we're a DCF CR-1 and I've lived and worked in China since 2006, I haven't had any US Income since Jan-Sept. 2006.

 

The conflict I'm seeing is that some people are stating that I should not use my Foreign Earned Income on the I-864 form since it was not earned in America and will stop once I go back. Others are saying that I should convert my yearly earned foreign income into USD and use that figure on the form, finally I'm seeing some other information that states that on line 23 you should put $0 but for the remainder convert the foreign earned income (in this case 'RMB)

 

I already have a joint sponsor [my father] because either way, my income will be too little.

 

the thread on VJ that I was reading was '2007' so I just wanted to see if I could get some updated information. Looking to have this completed and sent off within the next couple days - this is the last part.

 

Thanks everyone,

~Tom

Edited March 9, 2010 by vpr (see edit history)

[david_dawei]

I think it's a good question for which I do not have the definitive answer but can resolve all the conflicting info this way: Your income is meaningless whether you list it or not.

 

I would probably be inclined to just list it as foreign income and then no contradiction shows up later in interview questions. A cover letter can be attached to explain the income and thus reason for the co-sponsor.

 

You need to worry more about proving US domicile than foreign income.

 

good luck and look forward to hearing your results.

[dnoblett]

You are required by US tax law to file an IRS return every year so your foreign income should be on your return, you are required to attach a copy of your return to the I-864, foreign income should be listed on the I-864 because it is listed on your IRS return.

 

Note: You may be exempt from paying the IRS tax on foreign income, but you are not exempt from filing a return unless your income is below a certain amount. I-864 requires an explanation why a return was not filed if you did not file a return. Many to avoid having to answer this simply file a return even if below the minimum to avoid having to answer this question that will come up at the interview.

 

Again the number on the I-864 should match the number on your IRS return.

 

As David stated you need to be more concerned with proving domicile, US Domicile is REQUIRED in-order to provide an I-864, and petitioner is REQUIRED to provide an I-864.

[vpr]

You are required by US tax law to file an IRS return every year so your foreign income should be on your return, you are required to attach a copy of your return to the I-864, foreign income should be listed on the I-864 because it is listed on your IRS return.

 

Note: You may be exempt from paying the IRS tax on foreign income, but you are not exempt from filing a return unless your income is below a certain amount. I-864 requires an explanation why a return was not filed if you did not file a return. Many to avoid having to answer this simply file a return even if below the minimum to avoid having to answer this question that will come up at the interview.

 

Again the number on the I-864 should match the number on your IRS return.

 

As David stated you need to be more concerned with proving domicile, US Domicile is REQUIRED in-order to provide an I-864, and petitioner is REQUIRED to provide an I-864.

 

I've filled taxes every year, so that's not a problem. I haven't done 2009 yet, but I can simply do them at the same time.

 

I've already obtained my tax transcripts for the years of 2006-2008, and I have both my father's transcripts for the same year and his 2009 W2 (copy) along with his completed I-864 form.

 

I've been told to focus on domicile many many many times (seems like every time I ask a question) so that's what I've been doing.

 

So, I'll just make sure everything matches between my transcripts/taxes and my I-864 for continuity sake.