I-864 Advice

[djspark 0]

Here's my situation...

Year 2002 --> Lived worked in the States for Compaq Computers and earned + 125%

Year 2003 --> Was in the States for 3-4 months, then lived/worked in Europe for the rest, didn't earn 125%

Year 2004 --> Lived the entire year in Ecuador, did not file taxes (met my wife)

Year 2005 --> Spent the entire year in the States self employed and have a tax extension, so nothing filed yet.

Year 2006 --> From March - July am in Ecuador with my wife.. (still self employed)

I have my co-sponsor (my father) and he's earned +125% all of his life (including his dependants). What should I put on my I-864 form under employment? Most of my clients do not reside in the USA, pay my corporations which are not located in the USA, and my paychecks I pay myself do not goto a US bank account unless I'm living there (which hasn't been much over the past years).

I'm looking to change and make a life for my wife and I in my home state of Ohio. We've signed our second year lease on my apartment, and I earn a very good living. However how can I show this via the I-864, or should I even bother? I've heard putting Unemployed is certain denial...

Thanks in advance,

djspark

P.s. Ignore my "Filed for: K-3" we've abandoned it and are I-130 approved and are down to the I-864 & DS-230

Edited July 11, 2006 by djspark

[rebeccajo 14]

Well, you are still the primary sponsor. So as far as I know, even if you WERE unemployed, you'd have to produce the 2005 tax return. And I presume that return will show you as having a career.

And I'm sure no tax accountant, but is it kosher to just not file because you were out of the country and had no taxable income? Perhaps it is - I dunno. But remember, your adjudicator will not be a tax accountant either. You may need a letter from your accountant explaining why you did not file in 2004.

The rules for filing the I-864 have just recently drastically changed, much to the benefit of sponsors. One grey area for me though, is whether or not a self-employed individual still has to produce 3 years of tax returns (under the new rules those with traditional employment now only need to produce the most current year).

At any rate, I see nothing wrong with stating you are self employed. At least it shows you are working. I would probably take the 3 year average from my 2003, 2004 and 2005 1040's to come up with my average monthly income. That's how we used to do it when underwriting mortgages for self-employed persons.

The financial weight of approval will be on your co-sponsor, but it's still prudent to make your affidavit look as positive as possible. Calling yourself unemployed when you really aren't is hardly doing the positive thing.

Edited July 11, 2006 by rebeccajo

[djspark 0]

Well, you are still the primary sponsor. So as far as I know, even if you WERE unemployed, you'd have to produce the 2005 tax return. And I presume that return will show you as having a career.

And I'm sure no tax accountant, but is it kosher to just not file because you were out of the country and had no taxable income? Perhaps it is - I dunno. But remember, your adjudicator will not be a tax accountant either. You may need a letter from your accountant explaining why you did not file in 2004.

The rules for filing the I-864 have just recently drastically changed, much to the benefit of sponsors. One grey area for me though, is whether or not a self-employed individual still has to produce 3 years of tax returns (under the new rules those with traditional employment now only need to produce the most current year).

At any rate, I see nothing wrong with stating you are self employed. At least it shows you are working. I would probably take the 3 year average from my 2003, 2004 and 2005 1040's to come up with my average monthly income. That's how we used to do it when underwriting mortgages for self-employed persons.

The financial weight of approval will be on your co-sponsor, but it's still prudent to make your affidavit look as positive as possible. Calling yourself unemployed when you really aren't is hardly doing the positive thing.

As for my 2005 taxes, they are not filed yet, still under extension. Would the USCIS expect me to wait to finish the I-864 filing until I finish filing my taxes for the year?

To be honest with you I'm not too sure about the 2004 situation either. At the time I took the advice of a consultant that said I was not required to file anything that year.

I'll state I'm self employed, show my 2002,2003,2004 tax returns and use them along with what I'm calculating I earned in 2005 for the average for my monthly income.

Thanks,

djspark

[meauxna 15]

Here's my situation...

Year 2002 --> Lived worked in the States for Compaq Computers and earned + 125%

Year 2003 --> Was in the States for 3-4 months, then lived/worked in Europe for the rest, didn't earn 125%

Year 2004 --> Lived the entire year in Ecuador, did not file taxes (met my wife)

Year 2005 --> Spent the entire year in the States self employed and have a tax extension, so nothing filed yet.

Year 2006 --> From March - July am in Ecuador with my wife.. (still self employed)

I have my co-sponsor (my father) and he's earned +125% all of his life (including his dependants). What should I put on my I-864 form under employment? Most of my clients do not reside in the USA, pay my corporations which are not located in the USA, and my paychecks I pay myself do not goto a US bank account unless I'm living there (which hasn't been much over the past years).

I'm looking to change and make a life for my wife and I in my home state of Ohio. We've signed our second year lease on my apartment, and I earn a very good living. However how can I show this via the I-864, or should I even bother? I've heard putting Unemployed is certain denial...

Thanks in advance,

djspark

P.s. Ignore my "Filed for: K-3" we've abandoned it and are I-130 approved and are down to the I-864 & DS-230

Being "unemployed" is not grounds for instant denial, unless that is something you've heard that is specific to your Consulate. My history was remarkably similar to yours when I filed I-864 (and had it approved).

The major difference was that I had substantial assets that were suffient to cover me without income and I included one further year back to show my higher income before my hiatus.

I documented that I had planned for that period of time off and funded it from savings.

I documented that my tax return was still not due from the two types of extension available (don't know when you filed yours, but oversea-ers are entitled to an automagic two month extension + the automagic er...4506? regular extension.

If your current income is sufficient, document that up the wazoo. If you can't get a return filed in time (remember that they can be amended, but don't use that as a way to falsify a return for the interview), that is the best way to prove income. If you have client contracts, that can be another way to show your income. Even if those are non-US clients, USCs must *report* worldwide income, even if it's not double taxed (big PITA).

I made use of narrative explanations to show the entirety of our financial package, including my foreign spouse's foreign assets (making them available for the I-864).

Finally, since you have a Joint Sponsor and will be using him, you could also take the tack of NOT over stressing on your own affidavit and relying on his. Just want you to know that a 'traditional' financial situation is not the only way to play the game.

PS: my explanation for the missing year was that I had not earned enough to report per IRS rules and if I had, there was no tax due and therefore no penalty. I'm not clear if this applies to your same 2004 situation.

Edited July 11, 2006 by meauxna