I-864, Total Income, and Foreign Earned Income Exclusion

[jwdoetsch]

Hey all,

 

I'm preparing form I-864 for myself and my co-sponsor and I'm confused on mine. I've been working in China for the past two tax years and all of my income was excluded using the Foreign Earned Income Exclusion. My tax for 1040 shows 0 on line 22 (total income), my tax transcripts also show 0 under the TOTAL INCOME line item. Am I gonna report 0 for my income on the I-864 or just my gross income without taking into consideration the FEIE?

 

Oi vey...

 

Best,

J

Edited March 29, 2015 by Randy W (see edit history)

[Randy W]

Hey all,

 

I'm preparing form I-864 for myself and my co-sponsor and I'm confused on mine. I've been working in China for the past two tax years and all of my income was excluded using the Foreign Earned Income Exclusion. My tax for 1040 shows 0 on line 22 (total income), my tax transcripts also show 0 under the TOTAL INCOME line item. Am I gonna report 0 for my income on the I-864 or just my gross income without taking into consideration the FEIE?

 

Oi vey...

 

Best,

J

 

 

They are interested in your income, not your taxes. But the income you report to the consulate MUST be consistent with what you report on your tax return. Your Foreign Earned Income IS reported to the IRS AND taxed, so this shouldn't cause any problems.

 

Look at Part 6, Item # 5 - Current Individual Annual Income. This is where you report your ACTUAL income.

 

It's up to you to provide an accurate picture of your income, including submitting additional evidence where necessary. If you think it will help your case, you can include a separate statement of income, showing the sources and total amount you actually earned without "excluding" anything.

 

[jwdoetsch]

Thanks Randy, that's what I was thinking. The whole point of the I-864 is to show support so it makes sense that they'd want to know the big picture. Consular Officers probably aren't tax professionals.

 

 

Look at Part 6, Item # 5 - Current Individual Annual Income. This is where you report your ACTUAL income.

 

What about Part 6 #13.a.1, a.2, and a.3? Same thing? "as reported on my Federal tax returns" is a bit misleading.

[Randy W]

Thanks Randy, that's what I was thinking. The whole point of the I-864 is to show support so it makes sense that they'd want to know the big picture. Consular Officers probably aren't tax professionals.

 

 

Look at Part 6, Item # 5 - Current Individual Annual Income. This is where you report your ACTUAL income.

 

What about Part 6 #13.a.1, a.2, and a.3? Same thing? "as reported on my Federal tax returns" is a bit misleading.

 

 

When they ask for, as on Part 6 Item # 13, "My total income as reported on my Federal tax returns", that is not misleading at all.

 

They ARE asking you to report what is on your tax returns.

 

Item 5 asks for the sponsor's current individual income.

 

The consular officials need to be able to understand your tax returns - however, it is in your own best interests to make that picture clear to anyone who looks.