I-864 particular situation

[Chica Yeyé 41]

Your situation is similar as what we went through. Both employed in higher education in Canada, yada yada yada. My husband had not filed with the IRS for a while, and while my income was considerable, it did not count as it would not continue in the US. Here's what we did:

1. Husband filed late returns asap.

2. We lined up a cosponsor.

We were approved without any problems. Best of luck! Ciao!

[Anh map 2,098]

Your spouse is already included as the sponsored immigrant. It says for 21b-g : Persons NOT sponsored in this affidavit. Therefore box 21c would be left blank.

Thanks,.. pretty ridiculous that I missed that....woops..

This process makes you doubt your sanity and mental powers at regular intervals.

[italy to USA 0]

Your situation is similar as what we went through. Both employed in higher education in Canada, yada yada yada. My husband had not filed with the IRS for a while, and while my income was considerable, it did not count as it would not continue in the US. Here's what we did:

1. Husband filed late returns asap.

2. We lined up a cosponsor.

We were approved without any problems. Best of luck! Ciao!

Hi, thanks for the reply.. Let me ask you, I already have a job lined up to start work November 1. Do you think we would need a cosponsor even though I will be employed full time making more than the 125% poverty thingy?

[Anh map 2,098]

The suggestion that I've seen on here is to have a co-sponsor lined up. If it's needed, you have it and no wait while getting an RFE and submitting paperwork.

A job offer can always be withdrawn. And given the current economic situation better to over prepare.

[alonoochka 0]

Hello everyone. This is really a great forum and tool for people dealing with immigration issues, so thank you.

I have more of a financial question regarding my income for the past 3 years and what I should probably put on the I-864. My wife (Italian) and I have been living together in Italy for 3 years and my income has been solely from here (a modest salary as a PhD student). Both of our salaries combined would be enough to be considered more than the 125% of the poverty line cutoff, but I will be moving to the US to begin work at University of Michigan in October and she will remain here without employment (we are expecting our first child in September ). So the point is, I DO NOT have US tax return forms for the past 3 years, but do have them from early 2006 and back. Are there other ways to provide proof of income without submitting US tax returns? Also we have a substantial amount of savings and she herself is a PhD level scientist so it should be clear that she will not be a burden to the USA.. Does anyone have any suggestions or similar experiences?

First of all, you don't need income tax return for THREE years, but only ONE (for 2008). You have the following options:

option 1: to file the 2008 Income Tax return now - you will probaby reach $18,212 as annual Income (amount required for you and you wife (2)- since the baby wasn't born yet)...you better hurry to file cause once the baby born, you will need to show a higher Income-for 3 people). If you can't file or your income still will not be enough, then you can USE Your assets to supplement Income: Like your house, car, Bank account, savings...It doesn't matter where the assets located (italy ?!)- but they must be on your name and be able to be converted into cash within 0ne year. The cash value of your assets MUST be 5 x times the difference amount that is required by poverty line {example: If you don't have income tax return, then you need to show $18,212 x 5 = $91,060 worth of assets, IF you have some Income (for example $10,200), then you need $40,060 (18,212 - 10,200) x 5 }.

option 2: have joint sponsor- it's a person (friend, family), that filed income tax for 2008 - amount that can suport 3 individuals (you, your wife and himself and other dependants that he/she has.). - He/she will need to file form I-864 along with your sepparate form I-864.

option 3: If your wife has assets, then she can use them to support Income. You and her can combine assets together - she will need to fill up form I-864A (household member) along with your form I-864.

My best advice: the easiest way to deal with sponsorship is either have a joint sponsor(friend/family) or to file 2008 income tax return for yourself now (before the baby born) and make sure that you and the person who prepairs it, calculate it to be Min of $18,212 annual income - assuming that you had some part time job and didn't have much expenses since your wife worked too and paid bills.

(Assets just take too long to assemble)...

GOOD LUCK!

[italy to USA 0]

Well the thing is I'm really keen on not asking someone for help on this matter. i mean we are both a bit over 30 years old, financially stable responsible adults with doctoral degrees and it just seems like it a kind of a stretch to be asking mom and dad or friends to be involved in this process. Maybe i'm being hard headed, but that's just the way I see it. Also the job offer I have is actually a grant that I have won from the NIH to do research at the university of michigan, therefore it cannot be withdrawn, I have secured that money.

Regardless, my income for the past several years has been slightly above the amount they require now I just need to hurry up and file the 1040 and f2555 forms since my income was made over here. I'm still kicking myself for not having thought of this before.

Also, I appreciate everyone's comments and help! sincerely.

[italy to USA 0]

Does anyone else have any experience with Direct consular filing (DCF) and providing proof of assets rather than income? At this point, looking over our finances, we definitely have enough to cover the 3 years of the minimum. The only thing is, I am still waiting on my tax transcripts and the interview is already scheduled. I'm hoping to have the transcripts in time *(which by the way only say that I had no taxable income in the US for 2008).. How much do you think they'll scrutinize this point? If what we have is not adequate,, i.e. if they want the tax transcripts and not only a filled out 1040, do you think they could just ask for us to send it to them when we have it? Like grant my wife the visa, pending the receipt of that document? Any one have any similar experience?

[lgg 2]

If it makes you feel better? We have ALL missed that question. 9 out of 10 us have posted that exact same query.

Just a little levity in the midst of your journey.

Good luck to you guys...

LGG

Your spouse is already included as the sponsored immigrant. It says for 21b-g : Persons NOT sponsored in this affidavit. Therefore box 21c would be left blank.

Thanks,.. pretty ridiculous that I missed that....woops..

[essjay 0]

We filed DCF in London. Husband is USC but living in UK and had never filed US tax returns. Didn't know he needed to. He had to file 3 years tax returns as minimum before we had the interview. We were asked for them, even though all of our financial proof was on assets, rather than income. So my advice would be to file the missing returns late, just so you are up to date with all tax returns. That way, it won't come back to bite you.

Good luck!

[italy to USA 0]

We filed DCF in London. Husband is USC but living in UK and had never filed US tax returns. Didn't know he needed to. He had to file 3 years tax returns as minimum before we had the interview. We were asked for them, even though all of our financial proof was on assets, rather than income. So my advice would be to file the missing returns late, just so you are up to date with all tax returns. That way, it won't come back to bite you.

Good luck!

Thanks for the advice. I have already taken the steps and filed for the time that I was here. Like your husband, I really had no clue that I needed to still report to the IRS as I am a resident in Italy. As you know, they dont let you do anything without having to inform them. I really dislike it. However, I will play by their rules if it means getting this taken care of.

[Chica Yeyé 41]

Well the thing is I'm really keen on not asking someone for help on this matter. i mean we are both a bit over 30 years old, financially stable responsible adults with doctoral degrees and it just seems like it a kind of a stretch to be asking mom and dad or friends to be involved in this process. Maybe i'm being hard headed, but that's just the way I see it. Also the job offer I have is actually a grant that I have won from the NIH to do research at the university of michigan, therefore it cannot be withdrawn, I have secured that money.

Regardless, my income for the past several years has been slightly above the amount they require now I just need to hurry up and file the 1040 and f2555 forms since my income was made over here. I'm still kicking myself for not having thought of this before.

Also, I appreciate everyone's comments and help! sincerely.

So are we, and we had a cosponsor

Since your job offer would not start until after entering the US; you cannot count the income I don't think. They go based on your tax returns -which you do not have for your situation. Like essjay said; file late and you will be fine.

[italy to USA 0]

We filed DCF in London. Husband is USC but living in UK and had never filed US tax returns. Didn't know he needed to. He had to file 3 years tax returns as minimum before we had the interview. We were asked for them, even though all of our financial proof was on assets, rather than income. So my advice would be to file the missing returns late, just so you are up to date with all tax returns. That way, it won't come back to bite you.

Good luck!

What do you mean they needed 3 years of tax returns minimum before the interview? Did you schedule the interview and then sent you all home and said come back with the documents? Can you explain a little bit the timeline and details of how that happened?

thanks

[essjay 0]

I'm sorry for not being clear... We made a judgement call on filing three years of US Tax Returns based on advice from our attorney and accountant, the I-864 instructions, and other people's experience on this forum. We did not want to get to the interview and be turned back. I believe the factual position as far as the I-864 is concerned is as follows (taken from the instructions):

"You must provide either an IRS transcript or a photocopy from your own records of your Federal individual income tax return for the most recent tax year. If you believe additional returns may help you to establish your ability to maintain sufficient income, you may submit transcripts or photocopies of your Federal individual income tax returns for the three most recent years."

and:

"If you were required to file a Federal income tax return during any of the previous three tax years but did not do so, you must file any and all late returns with IRS and attach an IRS-generated tax return transcript documenting your late filing before submitting the I-864 Affidavit of Support. If you were not required to file a Federal income tax return under U.S. tax law because your income was too low, attach a written explanation. If you were not required to file a Federal income tax return under U.S. tax law for any other reason, attach a written explanation including evidence of the exemption and how you are subject to it. Residence outside of the United States does not exempt U.S. citizens or lawful permanent residents from filing a U.S. Federal income tax return."

Now we only found out that my husband was meant to be filing at all because of applying for the visa. We had both always lived in the UK and had no knowledge that all USC's are required to file US Tax Returns regardless of where they live.

We had decided to go the asset route anyway as we had no US income to show, whether we had US Tax Returns or not, but the collective advice from everyone was that it was better to have filed the three most recent years, just in case they were asked for at the interview.

As it was, in my interview, they did ask for all three returns, plus evidence of assets as well.

So whilst it says you only have to produce the most recent year, I would still advise you to file late any missing tax returns, just so that you are covered belt and braces.

Feel free to PM me if you want any further information... B)

[sirin.dk 0]

[size="3]Hi everyone, I really have a huge problem. I've just got married with US. citizen 2 weeks ago. My husband got a layoff for 8 months now and he recieves $410 every week from umemployment. I don't know if that is a current income. We live together, 2 of us. He owns the house with big morgage and he turns himself to daytrader. I don't know if the money he gets everyweek can be an income and good for 125% Poverty line. Please help me!!

Many Thanks![/size]

[Chica Yeyé 41]

Hey --- if you have the letter of appointment from the University it might do the trick --- contact HR and ask for it (the one with income statement). I talked to Bren about it and that's how it worked when his mentor moved up to Canada (reverse situation, Fred married a Canadian bla bla bla).