Foreign Income I-864

[jeffinjapan 0]

Hello all! I have another open topic, but I came across something troubling and need to check in a hurry!

I am an American and have been living in Japan for 11 years and married to a Japanese national for 10 years. We are currently working on the I-864, but I have a pressing question...

I haven't needed to pay taxes in America because I live in Japan and pay taxes here. Does this disqualify me as a a sole sponsor since that job will end when we move to America? I thought I was ok with simply writing my Japanese income for the year, but the forums got me a little confused!!!

What are my options?

Can I just write my Japanese income for the year?

Do I need a co-sponsor? My mom could be a co-sponsor, but I didn't want to trouble her too much.

Can I still be a sole sponsor if I have enough in assets like Japanese real-estate or bank accounts?

Finally, since I haven't needed to file taxes in the US , do I leave Part 6 Question 13-14 unchecked and empty?

Thanks all!!!

[NigeriaorBust 4,087]

The income must be US, they want something they can go after if you end up getting means tested benefits.

[Removed030114 48]

You won't need to pay taxes in the US for your foreign income in Japan unless you're making over 90,000 USD per year. However, you still need to file an income tax return in the US every single year. Have you done that? I worked almost six years in China and later learned the law required me to file and report my foreign income. I didn't have to pay taxes due to foreign earned income exclusion.

Edited February 4, 2014 by CNTrav

[maeve808 5]

Yes, as CNTrav pointed out, even if you are not required to pay taxes in the U.S. (because you lived abroad and paid taxes there), you're still required to file a U.S. tax return. On this tax return, you can then exclude your foreign income. It's called FEIE, see here: http://www.irs.gov/Individuals/International-Taxpayers/Foreign-Earned-Income-Exclusion

Regarding your question, yes, the income has to be U.S. sourced income. So if your current income/job doesn't continue in the U.S., you won't be able to list it on the I-864 form and will either need a co-sponsor or qualify based on assets (have at least $60k in your bank account). I also read that it's best to have the money in a U.S. bank account, but I'm not 100% sure about that.

Regarding Part 6 Question 13-14: As a U.S. citizen you're required to file a U.S. tax return no matter where you live (if you're meeting the filing requirements, which is I think gross income of at least $10,000 for single filers and $20,000 for married filing jointly). So you can't leave these boxes unchecked. What I would do is back-file the last 3 years. You can explain that you weren't aware you had to file tax returns because you resided abroad. A lot of Americans don't know this and back file taxes later. And if you haven't made more than $91,500 in 2010, $92,900 in 2011, $95,100 in 2012 and $97,600 in 2013) you won't owe any taxes because you can take the foreign earned income exclusion.

[aaron2020 11,651]

Hello all! I have another open topic, but I came across something troubling and need to check in a hurry!

I am an American and have been living in Japan for 11 years and married to a Japanese national for 10 years. We are currently working on the I-864, but I have a pressing question...

I haven't needed to pay taxes in America because I live in Japan and pay taxes here. Does this disqualify me as a a sole sponsor since that job will end when we move to America? I thought I was ok with simply writing my Japanese income for the year, but the forums got me a little confused!!!

What are my options?

Can I just write my Japanese income for the year?

Do I need a co-sponsor? My mom could be a co-sponsor, but I didn't want to trouble her too much.

Can I still be a sole sponsor if I have enough in assets like Japanese real-estate or bank accounts?

Finally, since I haven't needed to file taxes in the US , do I leave Part 6 Question 13-14 unchecked and empty?

Thanks all!!!

You can use your Japanese income if it will continue after you return to the US. You cannot use it if it will stop once you leave Japan.

You can use your real estate and bank accounts to meet the I-864 requirements.

You may need to use your mother as a Joint Sponsor if your income and assets do not meet the I-864 requirements.

US citizens are required to file US tax returns on their worldwide income even if no income is earned in the US and no US taxes are due. You got this wrong. You are required to file US tax returns on your Japanese income even if you owe no US taxes.

The I-864 requires you to have 3 years of US tax returns even if your mom can meet the income requirement. Essentially, no US tax returns from you will mean the I-864 requirements are not met and your wife cannot qualify for an immigration visa.

You must file your US tax returns in order for your wife to qualify for an immigration visa.

Edited February 4, 2014 by aaron2020

[jeffinjapan 0]

OK! It's back filing for me then!

Maybe time for a new accountant too! They said that there was need need to file!

The assets need to be 5x or 3x poverty line?

I was planning on leaving some money in my Japanese accounts...

So, would I write "0" for my income for Part 6 number 5? (Nothing needs to go in 6c? I though it said that you should write whatever is in number 5 in 6c...)

Then "0" for 13.a.1, 13.b.1 and 13.c.1???

Thanks again!

Edited February 4, 2014 by jeffinjapan

[Removed030114 48]

OK! It's back filing for me then!

Maybe time for a new accountant too! They said that there was need need to file!

The assets need to be 5x or 3x poverty line?

I was planning on leaving some money in my Japanese accounts...

Back-filing is not a problem. I filed five years of back tax returns last fall all in one-shot. I visited an H&R Block who helped me with all of it as I just wanted to be sure it was right. I think you can get them to help you with it online. Sorry, but can't help you much with the financial requirements as I've only been looking at K1.

[maeve808 5]

Yes, just back file your taxes. And according to the instructions of the I-864, the assets have to be 3x the poverty line if you're sponsoring your spouse, see here http://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf

Yes, as your current income, you would put 0. And nothing goes in 6c. I noticed the instruction lines sometimes don't match the lines in form I-864. I think the income in 6c would be the income of for example your wife if she had current income that continues in the U.S. And then on line 10 you add all incomes together (in your case put again 0).

And then for 13.a.1, 13.b.1 and 13.c.1 you would again put 0. Because you didn't have U.S. income according to your tax returns.

Edited February 4, 2014 by maeve808

[jeffinjapan 0]

Wowzers...

Thanks again!!!

[elvenshadow 19]

I am in the exact same situation except I actually filed my taxes. I was also wondering what to write on the I-864 for current income. I guess I will be writing $0 and will have my father be a joint sponsor for my wife. I don't have enough assets to cover $60,000. I'm glad I stumbled onto this thread! Thanks everyone!

I have a few related questions.

When I filed my taxes, I included a very rough and simple translation of my Japanese W2 (源泉徴収票). When I include the copy of this when I send the tax info along with the I-864 do I need to have a more thorough version that is neater and accompanied by a letter certifying the translation like I did when I submitted every other translation for the I-130 stuff, or is this a special case where a crude translation will do the job?

[T M F 0]

jeffinjapan, what is the status of your papers, did you go with what maeve808 had adviced ? You did put all $0 ?

[jeffinjapan 0]

jeffinjapan, what is the status of your papers, did you go with what maeve808 had adviced ? You did put all $0 ?

I did put zero for all three years, but I got the following checklist today:

I-864, Affidavit of Support Checklist

[x] The NVC recently completed our review of your visa case. While you meet the minimum qualifications for a visa interview to be scheduled your Affidavit of Support contained one or more sections with missing or incorrect information. Please review the additional instructions below then complete a new Affidavit of Support. (You can download the I-864 form and instructions at http://www.uscis.gov/i-864.) Once you have completed the new Affidavit of Support, please provide it to the principal applicant to bring to his or her visa interview. Do not submit your new Affidavit of Support to the NVC, as doing so will reopen your case and cause processing delays.

[x] In Part 6. Sponsor's Income and Employment, please correct the following...

[x] Items 13.a.1. The income you enter must match the total (gross) income reported on your most recent Federal

income tax return. If you filed Form 1040EZ, use the adjusted gross income instead.

###

They didn't say anything about 2012 or 2011 though!!! So confusing!!!

I have another thread open on the issue and I'll post here when I get everything figured out!!!

I hope it helps somebody!

[T M F 0]

Well although its a checklist but its good news to get it directly to the interview, you wont wait for more 60 days, this really good news.

I believe you should keep it blank until you reach to the embassy and ask them there for the right account they need to see

What about your joint sponsor, will you do another one for him too?!!!

[jeffinjapan 0]

The joint sponsor was fine, just my I-864.

The problem with having a blank one is that I probably won't be at the interview! I'm going back at the end of October for some job interviews! Do you think my wife take a blank one to the interview???

[NikLR 13,227]

The joint sponsor was fine, just my I-864.

The problem with having a blank one is that I probably won't be at the interview! I'm going back at the end of October for some job interviews! Do you think my wife take a blank one to the interview???

Do not take a blank one to interview if you will not be there. The form is supposed to be signed after being completed.

If you filed the 1040 then you put in total income, even if the number is negative. If you filed 1040EZ then you put in adjusted gross income.

It MUST match the values from the tax return transcript.