Tax return info for I-864

[MDDM 0]

Hi,

This may be a question for an accountant, but I’m hoping someone here may have been in a similar situation.

I'm filling out the I-864 and have copies of my tax returns for the past three years; however, for half of 2007 and all of 2006 and 2005 I lived and worked in the UK (where I met my future husband!). I filed my US returns the entire time I lived in UK as required.

Here's the question, my US tax returns show only a nominal amount earned last year as I returned to US in August and started to work in November 2007. My salary in UK for the months I lived there in 2007, plus the month and half I worked in US in 2007 was more than enough to illustrate as a sponsor I can meet the financial obligations that are part of this process. However, if you look at adjusted gross income on the tax form for US it is a fairly modest number, as are the amounts for 2006 and 2005 because I was not living in US. My Foreign Earned Income forms are all part of my tax returns for these years so the back up is there, I’m just unsure how to fill in the blanks on the I-864.

The I-864 simply asks for adjusted gross income. Should I simply add together my adjusted gross income with my foreign earned income and list this as adjusted gross income (even though I don’t think it is technically)? Should I put in the adjusted gross income from the 1040 and then explain the situation in the cover letter? Should I just leave this information blank and include the photocopies of the tax returns? Will the application be rejected if I leave it blank? Can I count on USCIS to read my tax returns which shows I was resident in another country?

My current salary is enough to meet the income requirements and I have a letter from my employer confirming the information, along with bank letter and current pay stubs.

Any thoughts would be appreciated.

Thanks,

Mary

[Old Dominion 26]

Hi,

This may be a question for an accountant, but I’m hoping someone here may have been in a similar situation.

I'm filling out the I-864 and have copies of my tax returns for the past three years; however, for half of 2007 and all of 2006 and 2005 I lived and worked in the UK (where I met my future husband!). I filed my US returns the entire time I lived in UK as required.

Here's the question, my US tax returns show only a nominal amount earned last year as I returned to US in August and started to work in November 2007. My salary in UK for the months I lived there in 2007, plus the month and half I worked in US in 2007 was more than enough to illustrate as a sponsor I can meet the financial obligations that are part of this process. However, if you look at adjusted gross income on the tax form for US it is a fairly modest number, as are the amounts for 2006 and 2005 because I was not living in US. My Foreign Earned Income forms are all part of my tax returns for these years so the back up is there, I’m just unsure how to fill in the blanks on the I-864.

The I-864 simply asks for adjusted gross income. Should I simply add together my adjusted gross income with my foreign earned income and list this as adjusted gross income (even though I don’t think it is technically)? Should I put in the adjusted gross income from the 1040 and then explain the situation in the cover letter? Should I just leave this information blank and include the photocopies of the tax returns? Will the application be rejected if I leave it blank? Can I count on USCIS to read my tax returns which shows I was resident in another country?

My current salary is enough to meet the income requirements and I have a letter from my employer confirming the information, along with bank letter and current pay stubs.

Any thoughts would be appreciated.

Thanks,

Mary

Report the adjusted gross income as shown on the 1040s. That will not hurt your chances at all.

[SonoranSongbird 3]

I don't have the form in front of me, but there is also a question that asks for your current annual income. That would be from your current job. The directions really only REQUIRE your 2007 tax return as evidence, but you CAN include pay stubs and an employer letter if you think it will help you qualify. What I think I would do in your situation is include those just so they will see that your 2008 and on income is going to be enough.

And yes, it is whatever you put for adjusted gross income on the 1040 for the question that asks for the three years of AGI.

[payxibka 10,045]

Actually what you report it is Total Income NOT Adjusted Gross Income. For some the difference is none to negligible but for others who have "alimony" payments, IRA payments, Self Employment taxes, et al... the difference can be significant

[SonoranSongbird 3]

I just looked at the I-864. Yes, that's right. It says in the directions to use the figure from the "gross (total) income" for 1040 or 1040A or for adjusted gross income if you filed 1040EZ. That is question 25. Question 23 is the one that asks for your "CURRENT individual annual income."

[Seekingadvice 0]

I have heard that although you were working outside the USA you need to declare your sallary and pay taxes here for the amount earned outside the USA.

[sweetpiano 0]

Short answer below:

Should I simply add together my adjusted gross income with my foreign earned income and list this as adjusted gross income YES (even though I don’t think it is technically)? ... explain the situation in the cover letter? YES. Should I just leave this information blank (NO) and include the photocopies of the tax returns? YES. Will the application be rejected if I leave it blank? YES. Can I count on USCIS to read my tax returns which shows I was resident in another country? NO.

Long answer:

My husband (the USC) and I were in a similar situation. He lived in England in 2006, I joined him there for 2007 and we filed joint tax returns (I also included my UK income in the 2007 return). On the I-864, we added the adjusted gross income (which was a small amount of interest on some savings accounts back in the US) to our wages income from the UK (reported on the very first line of Form 1040) and put that in Question 25. We provided transcripts for earlier years and copies of the 2007 tax return, including 1040 and 2555-EZ's for me and my husband. We explained the situation in an attachment to the I-864, as follows:

"The income reported on form I-864 for years 2007 ($xxx) and 2006 ($xxx) represents income earned abroad, while my wife and I were working in the United Kingdom. This income was reported on both tax returns as Exclusion for Foreign Earned Income. Even though this Exclusion brings my total US income down to a very small amount, I request this income be considered for the purposes of this Affidavit of Support, as it represents wages earned from employment."

In retrospect, we should have put in Question 25 only the USC's income (as shown on his 2555-EZ) instead of our combined income (as shown on the 1040). However they didn't pick up on that, or even if they did, they looked at my husband's 2555-EZ and saw sufficient income.

They sent us an RFE for proof of the UK income and we sent them back copies of the P-45's and P-60's and explained in a letter how, based on the P-45 and P-60, we arrived at the income in 2555-EZ. Plus we sent copies of my husband's paystubs for the entire 2007.

Definitely include your current employment letter and 6 months paystubs.

Hope this helps.

Edited September 30, 2008 by sweetpiano

[sweetpiano 0]

I have heard that although you were working outside the USA you need to declare your sallary and pay taxes here for the amount earned outside the USA.

Yes, US citizens need to file tax returns even if they work abroad, however you don't pay taxes if your annual income is below around $87,000 (each year this allowance goes up). Anything over the allowance is taxed.