I-864 and foreign income

[JeaCam`]

Hello All,

 

I am a newbie on this site and am already super pleased with all the useful information I have found on this former. My husband is American and i am from Zimbabwe. We got married in January and have since submitted the I-130 application which has now been approved (yay!) and are now waiting for further instructions.

 

Regarding the next steps, I wanted to ask about tax filing in particular. I know my husband will need to submit some sort of proof of filing but given he has been in China for 4 years, he has not had to file in the US as his wages fall beneath the threshhold. My question is then, what does he need to show as proof of taxes? I also wanted to find out if it would be worth having a co-sponsor (ie his mother) to help to support the move. We are in a good position financially, but will not have jobs when we get to the US. Will this be an issue?

 

I also wanted to find out whether the Guangzhou field office will be contacting us via email or snail mail.

 

Thank you so much!!

[Randy W]

Hello All,

 

I am a newbie on this site and am already super pleased with all the useful information I have found on this former. My husband is American and i am from Zimbabwe. We got married in January and have since submitted the I-130 application which has now been approved (yay!) and are now waiting for further instructions.

 

Regarding the next steps, I wanted to ask about tax filing in particular. I know my husband will need to submit some sort of proof of filing but given he has been in China for 4 years, he has not had to file in the US as his wages fall beneath the threshhold. My question is then, what does he need to show as proof of taxes? I also wanted to find out if it would be worth having a co-sponsor (ie his mother) to help to support the move. We are in a good position financially, but will not have jobs when we get to the US. Will this be an issue?

 

I also wanted to find out whether the Guangzhou field office will be contacting us via email or snail mail.

 

Thank you so much!!

 

The threshold for filing is in the $7,000 to $18,000 range, depending on whether he was married in a particular year. This is true even if he can report the income as Foreign Earned income, subject to the "Exclusion", since the "Exclusion" doesn't apply unless he has filed. So an income ABOVE that amount, reported on his I-864, needs to have been reported to the IRS in order to be claimed on the I-864. It's not too late to file late returns with no fine or penalty, however, since no taxes are owed.

 

But if he earned BELOW that threshold, then, yes, he will need a co-sponsor. He can also late returns or attach an explanation of why he didn't file (that the amount earned was below the threshold for filing, DISREGARDING the fact that it would have qualified as foreign earned income). He will most likely need a co-sponsor anyway, unless he can show good prospects for a job.

 

Proof of taxes can be simply copies of the forms that he filed with the IRS - he does NOT need to wait for transcripts.

[JCJ]

Thanks for this Randy, we have just submitted his taxes and reading this post makes a whole lot more sense now - so I appreciate the advice as we were initially under the impression that he would need to wait for transcripts.

 

Since he earns below the minimum threshold, his mother will act as co-sponsor. Does that mean she too will need to complete the I-1864? or would it be the I-1864A (we will be living with his mother initially upon our arrival in the US).

 

Thanks again!

[JeaCam`]

Also, do I the beneficiary, need to show anything by way of funds? The instructions say that I will only include any income that will continue to be earned once in the US, of which there will be none until I secure employment. Outside of that, are bank statements or any such thing required of me?

Edited April 15, 2014 by JeaCam` (see edit history)

[Randy W]

Also, do I the beneficiary, need to show anything by way of funds? The instructions say that I will only include any income that will continue to be earned once in the US, of which there will be none until I secure employment. Outside of that, are bank statements or any such thing required of me?

 

 

The sponsor needs to show a level of income that will be sufficient to ensure that you won't become a public charge. He may, at his discretion, include your assets if it will help the case

 

The Visa Officer has the ultimate responsibility of determining whether the income and assets are sufficient.

[JCJ]

Thanks Randy!

[JCJ]

Hi All,

 

Another quick question about the I-864. My co-sponsor is in the process of completing her copy of the form.

 

Once she is done, does she need to provide anything else? She is sending us a copy of her passport, but I wondered if the documents listed below in another post are also required:

 

a copy of her birth certificate,

tax transcripts, pay stubs

W2

 

Thanks!

[Randy W]

Hi All,

 

Another quick question about the I-864. My co-sponsor is in the process of completing her copy of the form.

 

Once she is done, does she need to provide anything else? She is sending us a copy of her passport, but I wondered if the documents listed below in another post are also required:

 

a copy of her birth certificate,

tax transcripts, pay stubs

W2

 

Thanks!

Her tax returns including W-2's OR the transcripts are required (not both) AND proof of citizenship.

[JCJ]

Got it, thanks!

[JeaCam`]

One final question about the I-864 (I hope). Am I correct in saying that nowhere on my husband's I-864 form will he need to include information about our co-sponsor's assets. Correct?

 

We are not completing an I-864A so I assume this is the case? His mother has completed a separate I-864 wither income details.

[Randy W]

One final question about the I-864 (I hope). Am I correct in saying that nowhere on my husband's I-864 form will he need to include information about our co-sponsor's assets. Correct?

 

We are not completing an I-864A so I assume this is the case? His mother has completed a separate I-864 wither income details.

 

 

Yes, I believe that's correct

[JeaCam`]

Great, thanks! I think we are all set!