DCF P3 i-864 sponsor question

[chengkai]

Greetings fellow Candlers. My wife and I just received our P3 in the mail yesterday via EMS. It came with the expected forms which we've already prepared on the computer before they even arrived. I just have a few questions before shipping it off:

 

1. Do I really need a co-sponsor? Yes, yes...I know it's good to be safe rather than sorry, but I still want to understand the law here. I make about $4,000 above the 125% poverty line now. But, I'm in China, applying DCF. Does that mean that my income is inadmissible?

 

2. I have all the paperwork from my mom who agreed to be a co-sponsor, but I'm a bit concerned because her adjusted gross income is below the poverty line the last 3 years, due to "tax deductions." The morality or reasoning behind her choice isn't the issue. Her actual income is significantly higher, and her income for the current year is way above the poverty line. Will those last three years hurt us more than help us?

 

3. Finally, what should be included in the P3 packet to send back to GUZ? Their instructions are confusing. I know I should send back the DS-230 Parts 1 & 2, i-864 (and i-864 if included), and the OF-169. Should I send back any of the documents listed under the OF-169 checkboxes? I'm aware that I need to take those with us to the interview, but I'm not sure if we should include copies in the P3 packet.

 

Thanks for the help!

[Randy W]

Greetings fellow Candlers. My wife and I just received our P3 in the mail yesterday via EMS. It came with the expected forms which we've already prepared on the computer before they even arrived. I just have a few questions before shipping it off:

 

1. Do I really need a co-sponsor? Yes, yes...I know it's good to be safe rather than sorry, but I still want to understand the law here. I make about $4,000 above the 125% poverty line now. But, I'm in China, applying DCF. Does that mean that my income is inadmissible?

 

2. I have all the paperwork from my mom who agreed to be a co-sponsor, but I'm a bit concerned because her adjusted gross income is below the poverty line the last 3 years, due to "tax deductions." The morality or reasoning behind her choice isn't the issue. Her actual income is significantly higher, and her income for the current year is way above the poverty line. Will those last three years hurt us more than help us?

 

3. Finally, what should be included in the P3 packet to send back to GUZ? Their instructions are confusing. I know I should send back the DS-230 Parts 1 & 2, i-864 (and i-864 if included), and the OF-169. Should I send back any of the documents listed under the OF-169 checkboxes? I'm aware that I need to take those with us to the interview, but I'm not sure if we should include copies in the P3 packet.

 

Thanks for the help!

 

 

 

!. Your income in China won't continue to the US. You should show evidence of employability in the US.

 

2. The burden of proof of her income is up to you/her. The income tax return is just ONE piece of evidence. To show her true income, have an accounting statement drawn up and include it as a cover sheet for her I-864. We've seen people sail through showing $0 income on their tax return - this is no problem as long as you can show her true income.

[chengkai]

Ok great. I've got plenty of attachments to prove that.

 

One more question: I submitted an extension for my 2010 taxes. Will this cause a problem with my i-864? I have proof to show this. I've gotten mixed feedback. Some say it's problematic...some say it's not. Really the problem is I'm not sure how to submit my tax forms while being employed in China. I don't have a W-2 and there's no official pay stub that I was given during that year. Does anyone have experience with filing taxes while living abroad? I have two forms right now: 1040EZ and 2555EZ. Anything else? What do I do in place of the W-2?

[xiaozhu]

Ok great. I've got plenty of attachments to prove that.

 

One more question: I submitted an extension for my 2010 taxes. Will this cause a problem with my i-864? I have proof to show this. I've gotten mixed feedback. Some say it's problematic...some say it's not. Really the problem is I'm not sure how to submit my tax forms while being employed in China. I don't have a W-2 and there's no official pay stub that I was given during that year. Does anyone have experience with filing taxes while living abroad? I have two forms right now: 1040EZ and 2555EZ. Anything else? What do I do in place of the W-2?

 

 

This year I and my husband file joint tax with 2555EZ. I think it would not be a problem for you if you did not file 2010 tax yet. What do you choose on I-864? Just most recent year or three years? But whatever your wife better bring your three years tax returns to her interview even if you were not going to submit three years tax return with I-864.

 

Since you work in China, you would not have W-2. But normally you should have a bank account where your income is put by your employer monthly. If you have it, you can make a copy of it as a proof.

[xiaozhu]

3. Finally, what should be included in the P3 packet to send back to GUZ? Their instructions are confusing. I know I should send back the DS-230 Parts 1 & 2, i-864 (and i-864 if included), and the OF-169. Should I send back any of the documents listed under the OF-169 checkboxes? I'm aware that I need to take those with us to the interview, but I'm not sure if we should include copies in the P3 packet.

 

Thanks for the help!

 

 

Here is what in our submitted P3. Hope it helpful for you. We did IR1 EP.

 

Affidavit of Support Documents:

 

1. The AOS Cover Sheet

2. I-864EZ Form

3. 2009 W-2

4. 2009 Federal Tax Income Return (first 2 pages)

 

Immigration Visa Application Documents:

 

1. The IV Cover Sheet

2. U.S. Consulate General Guangzhou Packet 3 Supplemental Information Sheet

3. DS-230 Form

4. Photocopy of Valid Passport Biographic Data Page

5. Marriage Certificate

6. Birth Certificate

7. Police Certificate

8. Two Photographs

Edited May 11, 2011 by xiaozhu (see edit history)

[Randy W]

Ok great. I've got plenty of attachments to prove that.

 

One more question: I submitted an extension for my 2010 taxes. Will this cause a problem with my i-864? I have proof to show this. I've gotten mixed feedback. Some say it's problematic...some say it's not. Really the problem is I'm not sure how to submit my tax forms while being employed in China. I don't have a W-2 and there's no official pay stub that I was given during that year. Does anyone have experience with filing taxes while living abroad? I have two forms right now: 1040EZ and 2555EZ. Anything else? What do I do in place of the W-2?

 

 

This year I and my husband file joint tax with 2555EZ. I think it would not be a problem for you if you did not file 2010 tax yet. What do you choose on I-864? Just most recent year or three years? But whatever your wife better bring your three years tax returns to her interview even if you were not going to submit three years tax return with I-864.

 

Since you work in China, you would not have W-2. But normally you should have a bank account where your income is put by your employer monthly. If you have it, you can make a copy of it as a proof.

 

 

 

If you want, you can file a Form 4582, "Substitute for Form W-2". For Item # 10, just put "contacted _____. Was informed they do not issue W-2's"

 

I didn't do this, since I didn't feel it was necessary. The form 2555EZ identifies the source of your income. Remember that you add this income into line 7, and then simply subtract it out again in line 21. It's unlikely to cause any issues.

 

Your taxes are not due until June 15 when living abroad (no extension is needed), but that may not stop GUZ from insisting on a copy of your return. Why not fill it out TODAY, make copies, and mail it at your convenience? Mine takes about 10 days by EMS.

Edited May 11, 2011 by Randy W (see edit history)

[Beachey]

Ok great. I've got plenty of attachments to prove that.

 

One more question: I submitted an extension for my 2010 taxes. Will this cause a problem with my i-864? I have proof to show this. I've gotten mixed feedback. Some say it's problematic...some say it's not. Really the problem is I'm not sure how to submit my tax forms while being employed in China. I don't have a W-2 and there's no official pay stub that I was given during that year. Does anyone have experience with filing taxes while living abroad? I have two forms right now: 1040EZ and 2555EZ. Anything else? What do I do in place of the W-2?

 

 

Assuming you did not earn more than $91,500 in 2010, you will have to file 1040 and then use Form 2555 to exclude your foreign income. I don't think you can use Form 2555 with a 1040EZ or 1040A. I am not clear on the lack of W-2 whether a letter from your employer or other information is required or you just enter your income without further documentatin. Others here may be able to help.

 

One good thing is you did not marry until 2011 so you will file single which eliminates the complication of your wife not having a social security number.

[chengkai]

On the 1040, should I put my address here in China or have it sent to my parents in the US?

Furthermore, I moved in the beginning of 2011...does my address reflect where I lived in 2010 or my postal address?

 

Thanks!

[Randy W]

On the 1040, should I put my address here in China or have it sent to my parents in the US?

Furthermore, I moved in the beginning of 2011...does my address reflect where I lived in 2010 or my postal address?

 

Thanks!

 

 

 

If you're claiming the Foreign Earned Income Exclusion, it might be best to use your foreign address.

 

If you're expecting a refund, a direct deposit would be faster.

 

Use a present address that you can receive mail at (yes, your parents' would work fine).

Edited May 11, 2011 by dnoblett (see edit history)