Filed taxes as single when married.

[kdavid3]

Would be showing US$57,000 in savings be enough?

 

Most of our savings are in China, and we hadn't planned on beginning to move it to the States until March 2014. The cash is in my wife's name here in China.

[dnoblett]

Would be showing US$57,000 in savings be enough?

 

Most of our savings are in China, and we hadn't planned on beginning to move it to the States until March 2014. The cash is in my wife's name here in China.

The current guideline is $19,387 which three times that is around $58,000 per the I-864 if will live totally off that, however the consulate has been known to demand a joint sponsor even if assets are sufficient. If you can show that you will have income after coming to the states, then this probably will be sufficient.

 

Also will need to show how the assets have been transferred to the states. So bank statements before and after the transfer showing the transfer, and that you have had this for some time, not some family "loan" which would be returned to the lender shortly after immigrating.

[Randy W]

Don't look to us to approve your financial situation, or to provide a formula that will tell you when you've reached "Enough", or what you can "get away" with. The Visa Officers are required to look at the "totality of circumstances" when determining if she might become a public charge in the U.S. "Enough" is NOT necessarily ENOUGH. DO NOT change your plans or shift your finances, hoping to satisfy some supposed requirement - that can look like exactly what it is.

 

From the consulate - http://candleforlove.com/forums/topic/17864-financial-situation/?p=214605

The interviewing consular officer will look at your ability to support your beneficiaries. We understand that for those who are self-employed, annual income can vary widely from year to year. We'll look at all the factors involved and make a determination based on the totality of circumstances. We wouldn't recommend delaying the interview for the sole purpose of being able to submit next year's tax returns. Just submit what evidence you have that shows your level of income (bank records, evidence of business income, etc).

 

 

 

It should go without saying that evidence that you have is MUCH preferred to evidence that you DON'T have. Surely you have SOME sort of evidence of your PhD program and stipend - even if only a letter from yourself (remember that you are under oath here, so, yes, this can be effective) Try to paint a rosy (and accurate) picture of your circumstances and ability to support her.

[kdavid3]

Thank you once again for your help. I understand that the advice provided here is comprised of friendly suggestions.

 

My wife is pregnant, but won't have given birth by our anticipated interview date. Does that mean we're applying to support three or four?

 

Is money in our Chinese account eligible to be considered on the I-864? We were actually thinking of investing in property here, so I'd like to keep some of our savings here in China.

[Randy W]

Thank you once again for your help. I understand that the advice provided here is comprised of friendly suggestions.

 

My wife is pregnant, but won't have given birth by our anticipated interview date. Does that mean we're applying to support three or four?

 

Is money in our Chinese account eligible to be considered on the I-864? We were actually thinking of investing in property here, so I'd like to keep some of our savings here in China.

 

Ask yourself - if you have money in a Chinese account, why would you not list it? Would you really consider shuffling it into a U.S. account, hoping it MIGHT improve your chances of getting a visa? Will it help prove that she won't become a public charge?

 

YOUR job is to provide the best and most accurate picture of your financial situation - the Visa Officer's job is to consider the 'totality of circumstances', NOT just the information on the I-864.

[kdavid3]

Hi Randy,

 

Thanks for your suggestions so far.

 

Perhaps I haven't phrased things clearly. We're moving back to the US with no intentions of returning to China to live. The money we have here is going to be transferred to the US at some point. It's just a matter of when. If transferring the money earlier than planned helps our case, then we have a reason to stop procrastinating.

 

I've never considered "shuffling" money back and forth. Once the money is in our US account, it will stay there. Nor have I considered not reporting money in certain accounts.

 

Thanks again!

[Randy W]

Hi Randy,

 

Thanks for your suggestions so far.

 

Perhaps I haven't phrased things clearly. We're moving back to the US with no intentions of returning to China to live. The money we have here is going to be transferred to the US at some point. It's just a matter of when. If transferring the money earlier than planned helps our case, then we have a reason to stop procrastinating.

 

I've never considered "shuffling" money back and forth. Once the money is in our US account, it will stay there. Nor have I considered not reporting money in certain accounts.

 

Thanks again!

 

 

Okay - I'm not meaning to give you a hard time. It just seems with some of the Affidavit of Support discussions that we're almost haggling over what details are "enough" rather than looking at the overall picture, which is what the Visa Officer will do. Anything reasonable is reasonable - go for it - but I would suggest transferring the money at the most expedient time for your own purposes, without giving much thought to how it affects the visa process.

 

To my way of thinking, anything which will show your ability to support your wife and family on an ongoing basis (as in future income or employment or the PhD program) after arrival in the U.S. is what is most important.

[kdavid3]

That makes sense.

 

I understand that there is a human element to this process, which makes it difficult to objectify certain details, such as "how much is enough."

 

I appreciate your time!

[kdavid3]

Okay. I figured this issue may apply to someone in the future, so I’ve put together some information on how I’ve (attempted) to correct the issue.

 

I understand the advice provided here is only for guidance, and not legal in any nature. However, if others have experience, I’d greatly appreciate it if someone could validate what I’ve done to ensure I’m not digging myself further into a whole.

 

Background:

 

I’ve been married since 2008, but filing my taxes the entire time as “single.” I needed to amend my taxes to “married, but filing separately.”

 

What I did:

 

1. I found the 1040X form (for amendments) here.

 

2. I found instructions for the 1040X here.

 

3. The instructions state that if you are only changing your filing status, you only need to complete lines 1-22 of the 1040X (pg. 6).

 

4. Having my tax records on hand, I looked up the required information and filled in the 1040X forms for each year I needed to amend (2009-2012).

 

5. The terminology used on the 1040X is identical to the 1040. This made looking up the required information easy.

 

6. Per above, there was no reason for me to fill in Parts I or II. On Part III I wrote, as my explanation for amendment: Changing status from "single" to "married, but filing separately."

 

7. Assuming the above is right, I print, sign, date, and send off the 1040X to the address written on the instructions. (?) (Anyone know if I should include my copies of 1040?)

 

Does this sound right?

Edited October 24, 2013 by kdavid3 (see edit history)

[david_dawei]

6. Per above, there was no reason for me to fill in Parts I or II. On Part III I wrote, as my explanation for amendment: Changing status from "single" to "married, but filing separately."

 

Part I asks if you are changing the number of exemptions... It seems to me that you are.... which means part I applies.

 

How are you reading it differently?

[kdavid3]

Okay, good point.

 

I'm reading it that I'm still only claiming myself as an exemption.

 

Is this wrong?

[Randy W]

One exemption when filing "Married, filing separately". Your tax liability remains at $0, so no fees or penalties should be incurred.

 

There's a section in the directions on "Assembling Your Return" - your old 1040 is not included.

 

When you submit your Affidavit of Support, be sure to include both the 1040 and 1040X.

[kdavid3]

Excellent.

 

This has been a tremendous help (and money saver)!

[dan1984]

One exemption when filing "Married, filing separately". Your tax liability remains at $0, so no fees or penalties should be incurred.

 

There's a section in the directions on "Assembling Your Return" - your old 1040 is not included.

 

When you submit your Affidavit of Support, be sure to include both the 1040 and 1040X.

 

In this case, when "Married, filing separately" is the route taken, does the spouse (wife in this case) have to "file taxes" even though she is not a US citizen or earning income in the US??

 

I'm sorry, probably a really stupid question, but issues involving the IRS are not my forte.

[Randy W]

 

One exemption when filing "Married, filing separately". Your tax liability remains at $0, so no fees or penalties should be incurred.

 

There's a section in the directions on "Assembling Your Return" - your old 1040 is not included.

 

When you submit your Affidavit of Support, be sure to include both the 1040 and 1040X.

 

In this case, when "Married, filing separately" is the route taken, does the spouse (wife in this case) have to "file taxes" even though she is not a US citizen or earning income in the US??

 

I'm sorry, probably a really stupid question, but issues involving the IRS are not my forte.

 

 

When filing "Married, filing separately", she has her own set of criterion as to whether she needs to file. The answer is almost certainly No.

 

There's a caveat, however for anyone in a similar situation. If they have filed "Married, filing jointly" in previous years, then she has made the "first year election", and her foreign income must be reported. Even so, the foreign earned income exclusion would apply. So the net tax bill would still most likely come to $0.