I'm an I-864 beginner...

[tessaclair 0]

Ok, so my husband and I passed the I-130 petition and we have our interview soon! We need to start working on the I-864, and I have no idea where to start.

I'm American, he's Japanese, and we live in Japan. We are applying through the embassy. I currently work in Japan for a Japanese company and make more than the poverty guideline, but I didn't file any taxes last year. My dad can be a join sponsor, but he hasn't filed this year yet. He probably won't file until the last minute because his taxes are REALLY complicated.

Can I file for the I-864EZ even if I didn't file my taxes last year? Or should I just file the I-864 and use my dad as a joint sponsor? Also, how does me quitting my job and planning to move back to the U.S. for grad school this fall factor in? Also, will they need our taxes from 2008, even if we don't even have them yet?

Sorry, I'm just really confused about how to do this!!!

[trailmix 77]

Ok, so my husband and I passed the I-130 petition and we have our interview soon! We need to start working on the I-864, and I have no idea where to start.

I'm American, he's Japanese, and we live in Japan. We are applying through the embassy. I currently work in Japan for a Japanese company and make more than the poverty guideline, but I didn't file any taxes last year. My dad can be a join sponsor, but he hasn't filed this year yet. He probably won't file until the last minute because his taxes are REALLY complicated.

Can I file for the I-864EZ even if I didn't file my taxes last year? Or should I just file the I-864 and use my dad as a joint sponsor? Also, how does me quitting my job and planning to move back to the U.S. for grad school this fall factor in? Also, will they need our taxes from 2008, even if we don't even have them yet?

Sorry, I'm just really confused about how to do this!!!

Hi,

Well first of all you HAVE to file your taxes for 2007 (if that is the 'last year' you are referring to, if not, then disregard this). If you are talking about 2008 - well the consulate won't normally expect you or your joint sponsor to have that filed before April.

You can't use your income from Japan as a sponsor - unless that job/income will continue after you arrive in the U.S.

You can use assets instead, if you have them, for the 2 of you these must equal 3 times the 125% poverty guideline.

Also you should be thinking about how you plan to prove that you are going to reestablish your U.S. domicile.

I would highly recommend that you read the instructions for the I-864 thoroughly, if you still have questions after that I would be happy to help if I can.

Edited January 14, 2009 by trailmix

[Chica Yeyé 41]

what trailmix said is right! as usual!!!

[tessaclair 0]

Hi,

Well first of all you HAVE to file your taxes for 2007 (if that is the 'last year' you are referring to, if not, then disregard this). If you are talking about 2008 - well the consulate won't normally expect you or your joint sponsor to have that filed before April.

You can't use your income from Japan as a sponsor - unless that job/income will continue after you arrive in the U.S.

You can use assets instead, if you have them, for the 2 of you these must equal 3 times the 125% poverty guideline.

Also you should be thinking about how you plan to prove that you are going to reestablish your U.S. domicile.

I would highly recommend that you read the instructions for the I-864 thoroughly, if you still have questions after that I would be happy to help if I can.

I have filed for 2007, but I haven't yet filed for 2008. I'm afraid that they'll ask for my or my dad's W-2's from 2008 but I don't have any and I don't think he does yet.

Well, if I can't use my income here that's ok. My dad makes more than enough to joint sponsor my husband. As far as reestablishing my domicile, we are going to move out to California and go to school. We have some money saved up, so with that, some part-time jobs, and hopefully some student loans we'll just be your average starving grad students

As long as the embassy doesn't ask to see my tax stuff from 2008, though, I think I'll be fine...

[redglasses 1]

I don't think you necessarily need to attach your tax return for 2008 with your I-864 because the tax return deadline for USC living abroad is June 15th.

[Ling Ling 22]

A recent VJer contacted NVC, and it was confirmed that 2008 tax returns are NOT required until April 15.

HOWEVER, I've just been informed of a case where at interview, the beneficiary was told that a Visa would not be issued until they received a 2008 tax return.

Also note that in this case, the petitioner has already submitted 2007 1040, w-2, and employment letter that proves sufficient income.

I've advised couple to contact NVC and ask if they would intervene, to wit stating what "most recent tax return" means.

[tessaclair 0]

A recent VJer contacted NVC, and it was confirmed that 2008 tax returns are NOT required until April 15.

HOWEVER, I've just been informed of a case where at interview, the beneficiary was told that a Visa would not be issued until they received a 2008 tax return.

Also note that in this case, the petitioner has already submitted 2007 1040, w-2, and employment letter that proves sufficient income.

I've advised couple to contact NVC and ask if they would intervene, to wit stating what "most recent tax return" means.

Really? Hmm...I guess it just depends, then.

Also, do I NEED an employment letter? I see a lot of people mentioning it but I haven't read a single thing on the forms that require one.

[trailmix 77]

Really? Hmm...I guess it just depends, then.

Also, do I NEED an employment letter? I see a lot of people mentioning it but I haven't read a single thing on the forms that require one.

And yes it does depend. No one can tell you with absolute certainty that they will not ask for the sponsor's 2008 return (you and your Father's) - this is not normally the case - certainly not usual if you are interviewing before April.

Employment letter - not necessarily. This is actually covered in the I-864 though, I really recommend that you read it through thoroughly. It is long and boring - and really important. Page 7 - item 23 (excerpt):

You may include evidence supporting your claim about your expected income for the current year if you believe that submitting this evidence will help you establish ability to maintain sufficient income.

You are not required to submit this evidence, however, unless specifically instructed to do so by a Government official.

Edited January 16, 2009 by trailmix

[tessaclair 0]

Really? Hmm...I guess it just depends, then.

Also, do I NEED an employment letter? I see a lot of people mentioning it but I haven't read a single thing on the forms that require one.

And yes it does depend. No one can tell you with absolute certainty that they will not ask for the sponsor's 2008 return (you and your Father's) - this is not normally the case - certainly not usual if you are interviewing before April.

Employment letter - not necessarily. This is actually covered in the I-864 though, I really recommend that you read it through thoroughly. It is long and boring - and really important. Page 7 - item 23 (excerpt):

You may include evidence supporting your claim about your expected income for the current year if you believe that submitting this evidence will help you establish ability to maintain sufficient income.

You are not required to submit this evidence, however, unless specifically instructed to do so by a Government official.

Thanks for your help! I haven't been told that I need an employment letter, and since I don't have a job in the U.S. I guess one isn't really necessary!

Ok, so another question!!! I've read through all the forms again, and I'm filling it all out. Part 6 asks about the sponsor's income and employment. I am employed, but in Japan for a Japanese company. The instructions ask you to put down your employment and income "that you are using to meet the requirements of this form...". Since I'm not using my income in Japan as a my way to meet my requirement, what do I put down? Should I put down my salary in yen with a little note that this isn't what I'm using to meet my requirement? My dad will be a joint sponsor, so I'm using his salary to help out. Grr...this is so confusing to apply from outside the U.S.!!!