Foreign Income and I-864

[Guest ExChinaExpat]

It appears that I-129F are being approved more quickly than ever these days with time of filing to interview times around 7-months or less. I'm currently in China with my fiance and daughter. I just mailed the fiance petition and associated paperwork, which will arrive in Texas Monday morning. Since mid-2008 I worked in China and received income well-above the poverty guideline. However, due to a leg injury I have not worked this past year.

 

I filed tax returns in the US and reported these earnings, but because the work is in China I do not have W-2s, which the I-864 requires. I have done a little reading and the scuttlebutt appears that the US government does not consider foreign income. That seems a little strange to me, as income is income as long as it's obtained legally and reported to the IRS.

 

At any rate, I will return to the US soon to find a job and begin work so that after the fiance petition is approved I can report that income on the I-864. But, what to do regarding previous tax returns and W-2?

[Randy W]

It appears that I-129F are being approved more quickly than ever these days with time of filing to interview times around 7-months or less. I'm currently in China with my fiance and daughter. I just mailed the fiance petition and associated paperwork, which will arrive in Texas Monday morning. Since mid-2008 I worked in China and received income well-above the poverty guideline. However, due to a leg injury I have not worked this past year.

 

I filed tax returns in the US and reported these earnings, but because the work is in China I do not have W-2s, which the I-864 requires. I have done a little reading and the scuttlebutt appears that the US government does not consider foreign income. That seems a little strange to me, as income is income as long as it's obtained legally and reported to the IRS.

 

At any rate, I will return to the US soon to find a job and begin work so that after the fiance petition is approved I can report that income on the I-864. But, what to do regarding previous tax returns and W-2?

 

 

They're NOT asking for evidence that doesn't exist. But what I did with my tax return was to include the Form 4852, Substitute for Form W-2.

 

You are applying for a visa to the U.S. - the assumption is that your Foreign Earned Income will not continue unless you can show that it will. Some have had ongoing contracts that carry back to the U.S.

[Guest ExChinaExpat]

 

It appears that I-129F are being approved more quickly than ever these days with time of filing to interview times around 7-months or less. I'm currently in China with my fiance and daughter. I just mailed the fiance petition and associated paperwork, which will arrive in Texas Monday morning. Since mid-2008 I worked in China and received income well-above the poverty guideline. However, due to a leg injury I have not worked this past year.

 

I filed tax returns in the US and reported these earnings, but because the work is in China I do not have W-2s, which the I-864 requires. I have done a little reading and the scuttlebutt appears that the US government does not consider foreign income. That seems a little strange to me, as income is income as long as it's obtained legally and reported to the IRS.

 

At any rate, I will return to the US soon to find a job and begin work so that after the fiance petition is approved I can report that income on the I-864. But, what to do regarding previous tax returns and W-2?

 

 

They're NOT asking for evidence that doesn't exist. But what I did with my tax return was to include the Form 4852, Substitute for Form W-2.

 

You are applying for a visa to the U.S. - the assumption is that your Foreign Earned Income will not continue unless you can show that it will. Some have had ongoing contracts that carry back to the U.S.

 

 

Form 4852 was not included on my tax returns to report my China income the past five years. Are you sure that it applies to foreign income? My situation was that I had been working and living in China, and will now return to the US to live and work. I have maintained domicile in the US as I've always preserved a mailing address and bank account there.

Edited December 8, 2013 by GuangDongExpat (see edit history)

[Randy W]

 

 

It appears that I-129F are being approved more quickly than ever these days with time of filing to interview times around 7-months or less. I'm currently in China with my fiance and daughter. I just mailed the fiance petition and associated paperwork, which will arrive in Texas Monday morning. Since mid-2008 I worked in China and received income well-above the poverty guideline. However, due to a leg injury I have not worked this past year.

 

I filed tax returns in the US and reported these earnings, but because the work is in China I do not have W-2s, which the I-864 requires. I have done a little reading and the scuttlebutt appears that the US government does not consider foreign income. That seems a little strange to me, as income is income as long as it's obtained legally and reported to the IRS.

 

At any rate, I will return to the US soon to find a job and begin work so that after the fiance petition is approved I can report that income on the I-864. But, what to do regarding previous tax returns and W-2?

 

 

They're NOT asking for evidence that doesn't exist. But what I did with my tax return was to include the Form 4852, Substitute for Form W-2.

 

You are applying for a visa to the U.S. - the assumption is that your Foreign Earned Income will not continue unless you can show that it will. Some have had ongoing contracts that carry back to the U.S.

 

 

Form 4852 was not included on my tax returns to report my China income the past five years. Are you sure that it applies to foreign income? My situation was that I had been working and living in China, and will now return to the US to live and work. I have maintained domicile in the US as I've always preserved a mailing address and bank account there.

 

 

 

The I-864 calls for copies of your most recent tax returns, including all W-2's. My interpretation of that is that if you have NO W-2's, DON'T include ANY W-2's. I don't see that as a sticking point.

 

But what I'm telling you is that for MY OWN tax return, I submitted the Form 4852, Substitute for Form W-2 for my income from Guangxi Normal University, giving, as the reason, that they do not supply W-2's. There is nothing on the form that WOULDN'T apply to foreign earned income. No, it's NOT a required form

 

You asked about W-2's - I think that pretty well covers the topic.

[Guest ExChinaExpat]

 

 

 

It appears that I-129F are being approved more quickly than ever these days with time of filing to interview times around 7-months or less. I'm currently in China with my fiance and daughter. I just mailed the fiance petition and associated paperwork, which will arrive in Texas Monday morning. Since mid-2008 I worked in China and received income well-above the poverty guideline. However, due to a leg injury I have not worked this past year.

 

I filed tax returns in the US and reported these earnings, but because the work is in China I do not have W-2s, which the I-864 requires. I have done a little reading and the scuttlebutt appears that the US government does not consider foreign income. That seems a little strange to me, as income is income as long as it's obtained legally and reported to the IRS.

 

At any rate, I will return to the US soon to find a job and begin work so that after the fiance petition is approved I can report that income on the I-864. But, what to do regarding previous tax returns and W-2?

 

 

They're NOT asking for evidence that doesn't exist. But what I did with my tax return was to include the Form 4852, Substitute for Form W-2.

 

You are applying for a visa to the U.S. - the assumption is that your Foreign Earned Income will not continue unless you can show that it will. Some have had ongoing contracts that carry back to the U.S.

 

 

Form 4852 was not included on my tax returns to report my China income the past five years. Are you sure that it applies to foreign income? My situation was that I had been working and living in China, and will now return to the US to live and work. I have maintained domicile in the US as I've always preserved a mailing address and bank account there.

 

 

 

The I-864 calls for copies of your most recent tax returns, including all W-2's. My interpretation of that is that if you have NO W-2's, DON'T include ANY W-2's. I don't see that as a sticking point.

 

But what I'm telling you is that for MY OWN tax return, I submitted the Form 4852, Substitute for Form W-2 for my income from Guangxi Normal University, giving, as the reason, that they do not supply W-2's. There is nothing on the form that WOULDN'T apply to foreign earned income. No, it's NOT a required form

 

You asked about W-2's - I think that pretty well covers the topic.

 

 

Thanks for trying to stay on topic. I agree with you regarding W2's that do not exist. So, this thread has evolved from an initial question I posted to provoke discussion, to a mini-answer. I completed forms 2555 to report foreign income. There is nowhere on that form that requests validation for reported income. In fact, one could write-in any income they want. Now, that would not exclude the one filing the form from being subject to tax-fraud if they reported things not true.

 

I can only assume at this point that whoever reviews the I-864 will be familiar enough with taxes and foreign income to know that W2s are only provided for work in the US.

[Randy W]

. . . and Chinese income is unlikely to be investigated or even matter.

 

Was there anything ELSE you wanted to talk about while we're here?

[Guest ExChinaExpat]

. . . and Chinese income is unlikely to be investigated or even matter.

 

Was there anything ELSE you wanted to talk about while we're here?

 

Yeah. I would like to ask why you are the only one who responded to my question and why you think it's been fully resolved?

 

Here are some flowers to show that at least you tried to help. Thanks.

 

Edited December 8, 2013 by GuangDongExpat (see edit history)

[dnoblett]

You are doing K-1 and K-2 which are non-immigrant visas, you will not use I-864 with this visa, you need to use I-134 form for visa interview.

 

The consulate tends to prefer same financial evidence, so use I-864 instructions asa guide.

 

Later in the states after marriage you use I-864 when adjusting status.

[Randy W]

 

. . . and Chinese income is unlikely to be investigated or even matter.

 

Was there anything ELSE you wanted to talk about while we're here?

 

Yeah. I would like to ask why you are the only one who responded to my question and why you think it's been fully resolved?

 

Here are some flowers to show that at least you tried to help. Thanks.

 

 

 

I think your W-2 question, which is the only thing I addressed, is fully resolved.

 

Carry on, brother!

[Guest ExChinaExpat]

 

 

I think your W-2 question, which is the only thing I addressed, is fully resolved.

 

Carry on, brother!

 

 

Thanks for the suggestion. By the way, how are your cheerrios this morning? Any unusual taste?

 

[Randy W]

 

 

 

 

 

I think your W-2 question, which is the only thing I addressed, is fully resolved.

 

Carry on, brother!

 

 

Thanks for the suggestion. By the way, how are your cheerrios this morning? Any unusual taste?

 

 

 

 

No, but thanks for asking! . http://www.dewdadsweb.com/emoticons/cherries.gif

[azureblue83]

Hi. I know the issue have been solved here, but I have another solution for the "No W-2 due to foreign income" problem, for the record.

 

If you do not have the W-2, you can also choose to submit IRS Tax Transcript. If you choose to submit IRS Tax Transcript, W-2 is not required.

 

Getting the Tax Transcript from IRS used to be a hassle, because you have to file a Form 4506-T with IRS and do it through postal mail. But in the internet age, you can now get it instantly.

 

Go to http://www.irs.gov/Individuals/Get-Transcript and sign up an account. It takes less than 10 minutes. Enter your SSN and answer a few question to verify your identity, you can then get to your tax account and download tax transcripts for any years you filed tax with IRS.

 

Hope this helps.

[Randy W]

Hi. I know the issue have been solved here, but I have another solution for the "No W-2 due to foreign income" problem, for the record.

 

If you do not have the W-2, you can also choose to submit IRS Tax Transcript. If you choose to submit IRS Tax Transcript, W-2 is not required.

 

Getting the Tax Transcript from IRS used to be a hassle, because you have to file a Form 4506-T with IRS and do it through postal mail. But in the internet age, you can now get it instantly.

 

Go to http://www.irs.gov/Individuals/Get-Transcript and sign up an account. It takes less than 10 minutes. Enter your SSN and answer a few question to verify your identity, you can then get to your tax account and download tax transcripts for any years you filed tax with IRS.

 

Hope this helps.

 

 

The Form 4852, Substitute for Form W-2 is for purposes of submitting your tax return to the IRS. I used it because it identified my employer TO THE IRS.

 

When you submit copies of your tax return with your I-864. you include copies of EXACTLY what you submitted to the IRS, including the W-2's or the Form 4582, if that's what you submitted. Or NOT, if you didn't submit either.

 

My point regarding the tax transcripts is that they convey EXACTLY the same information as is contained in the tax return, but in a more concise format.

 

Waiting for the tax transcript is an OPTION, sometimes not available, especially to those who may be interviewing this time of year.

 

What it boils down to is that you have copies of your 2013 tax return NOW - there is no need to wait for the tax transcripts.

 

Butm then again, if you can get the transcripts in just 10 minutes . . . Still, it's your choice. Good luck with either.

Edited April 10, 2014 by Randy W (see edit history)