I-864 financial support and domicile

[newcomer]

My husand and I are planning to apply for DCF in March. We met in Dec. 2007 and got married in July, 2010. He's retired since Feb. 2011. We have been looking for how to hand in our application for not a short time. But, there are some points we are still worrying about as follows,
---what documents should we hand in to Beijing Embassy with I-130 form?
---He has retired since Feb. 2011. And retirement fee is well above the 125% of poverty line. The retirement pay is automatically put into his US. bank account every month. We don't have tax return and stubs. How do we show our affidavite of financail support? Which form do we need to fill in? Do we need a co-sponsor?
---We don't have a rental place in U.S. Our plan is to rent a place to live temporarily or live with his mum for a short time and then look for the house to buy. But now we don't have one. Can we list his mum's apartment in the form as our decimile because all of his materials and documents are sent to his mum's home?
---Do I need to apply for ITIN number?


Thanks in advance!
DoubleJ

[Baigui]

Hi DoubleJ,

 

If you're just getting started, you may want to hang around the "first steps" forums for general info.

 

Take a look at this helpful post for what to submit in Beijing.

 

If his mom's apartment is where you'll first stay when you arrive in the U.S., then start using that as your domicile. He should have some ties to that address, too, like the address on a credit card or bank account. Then you can use those statements as evidence of domicile.

 

Sorry, I don't have answers to your other questions.

[newcomer]

Hi Baigui,

 

Thanks for your reply. His mum's address on his credit card and bank account alreday. We will use that as our domicile.

 

DoubleJ

[dnoblett]

A few points.

• I-864 is not filed at the same time as the I-130, it is needed later when interviewing for the visa.
  
• The consulate will require copies of past year's IRS Returns, in this case 2011, 2010, and 2009 returns, or a valid explanation why one was not filed. Citizens are required to file a return every year even if would owe no tax on foreign income.
  
• There is an extensive topic about filing a tax return
  
  • http://candleforlove.com/forums/index.php?/topic/22151-tax-return-and-filing-a-joint-return/
    
  • http://candleforlove.com/forums/index.php?/topic/44351-tax-time-and-a-few-other-questions/
    

  [*]Domicile involves providing evidence that living overseas was a temporary thing.

  • Maintained US Bank accounts
    
  • Maintained US Driver's license
    
  • MORE:
    
    • http://travel.state.gov/visa/immigrants/info/info_3183.html#3
      
    • http://www.immihelp.com/affidavit-of-support/country-of-domicile.html
      
    • http://britishexpats.com/wiki/Guide_to_Proving_US_Domicile_Intent_When_Living_Outside_the_US
      

  [*]If Retirement pay is well above 125% line, then a Joint sponsor probably will not be needed, the retirement income should not stop or change.

[newcomer]

A few points.

• I-864 is not filed at the same time as the I-130, it is needed later when interviewing for the visa.
  
• The consulate will require copies of past year's IRS Returns, in this case 2011, 2010, and 2009 returns, or a valid explanation why one was not filed. Citizens are required to file a return every year even if would owe no tax on foreign income.
  
• There is an extensive topic about filing a tax return
  
  • http://candleforlove...a-joint-return/
    
  • http://candleforlove...ther-questions/
    

  [*]Domicile involves providing evidence that living overseas was a temporary thing.

  • Maintained US Bank accounts
    
  • Maintained US Driver's license
    
  • MORE:
    
    • http://travel.state....nfo_3183.html#3
      
    • http://www.immihelp....f-domicile.html
      
    • http://britishexpats..._Outside_the_US
      

  [*]If Retirement pay is well above 125% line, then a Joint sponsor probably will not be needed, the retirement income should not stop or change.

 

Hi Moderators,

 

Thanks for your information. It is very useful for us. We got a 1099 form from Social Security which shows how much the retirement pay is in the past year. And, my husband is a veteran. He also gets the money from the military. How can we get a letter or a form from military like 1099 form to prove that the money comes in every month?

 

 

DoubleJ

[dnoblett]

Hi Moderators,

 

Thanks for your information. It is very useful for us. We got a 1099 form from Social Security which shows how much the retirement pay is in the past year. And, my husband is a veteran. He also gets the money from the military. How can we get a letter or a form from military like 1099 form to prove that the money comes in every month?

 

 

DoubleJ

Copies of past six months bank statements showing deposits would do.

 

Again the 1099 alone will not satisfy them, it needs to be attached to a 1040 IRS tax return.

[newcomer]

Hi Moderators,

 

Thanks for your information. It is very useful for us. We got a 1099 form from Social Security which shows how much the retirement pay is in the past year. And, my husband is a veteran. He also gets the money from the military. How can we get a letter or a form from military like 1099 form to prove that the money comes in every month?

 

 

DoubleJ

Copies of past six months bank statements showing deposits would do.

 

Again the 1099 alone will not satisfy them, it needs to be attached to a 1040 IRS tax return.

 

 

Thanks Moderators. But he's retired already. Is there a 1040 IRS tax return available still? We just got a 1099 form Social Security. Anyway, do I need to apply for ITIN no.?

 

 

DoubleJ

[Randy W]

Hi Moderators,

 

Thanks for your information. It is very useful for us. We got a 1099 form from Social Security which shows how much the retirement pay is in the past year. And, my husband is a veteran. He also gets the money from the military. How can we get a letter or a form from military like 1099 form to prove that the money comes in every month?

 

 

DoubleJ

Copies of past six months bank statements showing deposits would do.

 

Again the 1099 alone will not satisfy them, it needs to be attached to a 1040 IRS tax return.

 

 

Thanks Moderators. But he's retired already. Is there a 1040 IRS tax return available still? We just got a 1099 form Social Security. Anyway, do I need to apply for ITIN no.?

 

 

DoubleJ

 

You need an ITIN if he is filing an income tax return. The return he would file is called IRS Form 1040. If his taxable income is above $19,000 (approx.), he needs to file an income tax return. The taxable minimum for a single person (before you married) is ~$9500.

 

If not, then yes, the 1099, the 1099 would serve as proof of income. I would think the military would provide a similar statement or proof of income, but the bank statement would also provide evidence.

Edited February 8, 2012 by Randy W (see edit history)

[tsap seui]

I went through this same scenerio 6 months ago.

 

I am a veteran with service connected disability pay and I get social security disability pay, with a 1099 form from the social security people.

 

The Veterans Administration WILL NOT give your husband a 1099, or ANYTHING that looks remotely like a 1099. He will need to make copies of bank statement deposits from the VA and from Social Security. In my case I sent them 36....maybe 40 copies of bank statements as proof of my income and what it amounted to..

 

On his 1040 IRS form there IS NO place at all that one can put their veterans income. It HAS to be done with bank statements.

 

It would behoove you to have your husband get you the ITIN number and file his taxes as married. It is just more proof of your bona fide relationship....proof of bona fide relationship is what the interview is ALL about.

 

It took me a lot of paperwork to get my proof of income from the VA. I got them to give me records of my travel pay also. That is pay for when I drove my car to my doctors and shrinks appointments....it literally amounted to thousands of dollars each year which I could add to my income total.

 

Good luck, I like helping folks where I can, and REALLY like helping vets, especially ones who have been there and know what the brotherhood is all about.

 

tsap seui

[newcomer]

I went through this same scenerio 6 months ago.

 

I am a veteran with service connected disability pay and I get social security disability pay, with a 1099 form from the social security people.

 

The Veterans Administration WILL NOT give your husband a 1099, or ANYTHING that looks remotely like a 1099. He will need to make copies of bank statement deposits from the VA and from Social Security. In my case I sent them 36....maybe 40 copies of bank statements as proof of my income and what it amounted to..

 

On his 1040 IRS form there IS NO place at all that one can put their veterans income. It HAS to be done with bank statements.

 

It would behoove you to have your husband get you the ITIN number and file his taxes as married. It is just more proof of your bona fide relationship....proof of bona fide relationship is what the interview is ALL about.

 

It took me a lot of paperwork to get my proof of income from the VA. I got them to give me records of my travel pay also. That is pay for when I drove my car to my doctors and shrinks appointments....it literally amounted to thousands of dollars each year which I could add to my income total.

 

Good luck, I like helping folks where I can, and REALLY like helping vets, especially ones who have been there and know what the brotherhood is all about.

 

tsap seui

 

Hello tsap seui,

 

Thank you so much. Your information is very useful for us. We are going to have the bank statement to prove our veteran money. Now he is retired and gets the retirement pay from Social Secuity every month. If he needs to fill in tax returns form, the problem is that he had not paid the tax since 2004 when he moved to China. We don't know how to fill in tax returns and which forms we need to fill in. We are seeking the help.

 

 

Thanks again. DoubleJ

[dnoblett]

He will have to file the returns late, and pay any penalty owed. This is probably something best handled by an accountant, or tax lawyer.

 

Can download past years forms here:

http://www.irs.gov/app/picklist/list/priorFormPublication.html?value=1040&criteria=formNumber&submitSearch=Find

More: http://www.irs.gov/newsroom/article/0,,id=178194,00.html

 

I can never understand the assumption that once not living in the USA that the requirement to file a yearly return ends.

In many cases retirement income comes from a tax deferred source, that means tax was not paid when investing, with the plan to pay the tax when retired and drawing from the investment.

[ultradeepbase]

If your husband receives VA compensation, he can contact the VA and request a letter that documents his monthly pay. They probably won't mail it overseas, but they should be able to mail it to his mum's place and maybe she can scan it into a computer and email it to you, or take it to Kinko's/Fed Ex and have them scan and email it to you.