Stuck with a tax question stopping me file packet 3

[Davis 0]

I ahve all my paper work in order for packet 3 but I need to do my US taxes as I have not been filing them and wanted to know what others have been doing or filling in on there 1040,2555 tax forms

Is it ok to have zero as your adjusted gross income when filling out US TAX forms 1040 & 2555

I have been living overseas and have not lived in the US since 2002, I have not earned a cent in the US since that time.

I have been requested to do my taxes for years 2005,06,07 (I have to do it is not an option not to)

I have 2 questions When I put the foreign earned income in as 'other income not listed on w-2' then i get a positive number.

That then takes me to the foreign income exclusion which I apply for so then I enter the income there and it's a negative number. So they cancel each other out and become 0.

That's fine with me if it's right I just need some one to confirm it.

My second question is do I need to show interest earned from my foreign bank account and if so where do I put this

[YuAndDan 153]

Yes it is fine to show Zero.

However, the bigger and more important question is US Domicile, US Citizen Petitioner MUST sponsor immigrant, and US citizen Petitioner MUST provide I-864, however I-864 REQUIRES US Domicile, living out of country for 6 years brings into question Domicile, and if it has not been given up.

You can use foreign income, however that income must continue after entry to the USA, the consular officer is conserned with your income after you move to the USA, you will need to show evidence that income will continue or you have a job lined up. A US Bank account is useful for showing domicile. Interest earned on foreign account is not evidence of future income.

Most doing DCF tend to get a Joint sponsor who is living in the USA.

Some information: http://travel.state.gov/pdf/I-864GenInfo-FAQ-Final.pdf (Talks about Domicile)

http://www.usembassy.org.uk/cons_new/visa/iv/faffidavit.html

Edited October 18, 2008 by YuAndDan

[Davis 0]

Thank you for your reply YuandDan that's very helpful. On completing the tax return and putting in the interest amount, it brings the adjusted gross income to a positive $364 (for one year). I think this is right... we have filled out the form TD F 90-22.1 to show we have a foreign bank account. Hopefully this is all done and we can submit everything next week!

As for the domicile & sponsor issue - we have been speaking with the consulate and even though I (the immigrant) will have a job working remotely for my Australian employer then we can not use my income on for I864 either! We have more than enough savings though, so I'm hoping that will be sufficient - has anyone gone on just assets? I however am going to get a letter from my employer letting them know that I will be employed just in case it helps. My wife (the sponsor) has a bank account in the US and is getting her mother to send over a few pieces of mail with her address on it. And with her just being on a temporary visa and never applying for residency should hopefully say something...

Thanks again for your help. you've helped us get one step closer! YEAH!

Edited October 18, 2008 by Davis

[Dakine 26]

Thank you for your reply YuandDan that's very helpful. On completing the tax return and putting in the interest amount, it brings the adjusted gross income to a positive $364 (for one year). I think this is right... we have filled out the form TD F 90-22.1 to show we have a foreign bank account. Hopefully this is all done and we can submit everything next week!

As for the domicile & sponsor issue - we have been speaking with the consulate and even though I (the immigrant) will have a job working remotely for my Australian employer then we can not use my income on for I864 either! We have more than enough savings though, so I'm hoping that will be sufficient - has anyone gone on just assets? I however am going to get a letter from my employer letting them know that I will be employed just in case it helps. My wife (the sponsor) has a bank account in the US and is getting her mother to send over a few pieces of mail with her address on it. And with her just being on a temporary visa and never applying for residency should hopefully say something...

Thanks again for your help. you've helped us get one step closer! YEAH!

If your wife has 0 income to show your wife has to have something like 100K in savings and assets. Not sure but it may have to be in US bank.

[MargotDarko 0]

Thank you for your reply YuandDan that's very helpful. On completing the tax return and putting in the interest amount, it brings the adjusted gross income to a positive $364 (for one year). I think this is right... we have filled out the form TD F 90-22.1 to show we have a foreign bank account. Hopefully this is all done and we can submit everything next week!

As for the domicile & sponsor issue - we have been speaking with the consulate and even though I (the immigrant) will have a job working remotely for my Australian employer then we can not use my income on for I864 either! We have more than enough savings though, so I'm hoping that will be sufficient - has anyone gone on just assets? I however am going to get a letter from my employer letting them know that I will be employed just in case it helps. My wife (the sponsor) has a bank account in the US and is getting her mother to send over a few pieces of mail with her address on it. And with her just being on a temporary visa and never applying for residency should hopefully say something...

Thanks again for your help. you've helped us get one step closer! YEAH!

If your wife has 0 income to show your wife has to have something like 100K in savings and assets. Not sure but it may have to be in US bank.

Please do not post amounts unless you know the correct information. For a family of 2 and no income, assets of $52,500 USD are needed. It can be in a US bank or in a bank in the country where they are processing the petition and getting the visa.