I-864 Euro Income

[Spain to U.S. 0]

Hello all,

I have never posted before so I hope I am doing this correctly.

I've filed the I-130 at the U.S. Embassy in Madrid and have questions about filling out the I-864. I've spent the past three plus years with little to no income in the U.S. (less than 1,500 last year, none for the previous 2 years) since I live and work full-time in Spain. All of my income has been in Euros, as is my savings. Do I bring my tax returns from Spain with me? I filed returns from Spain for the past two years, but was earning money under the table before that. How do I indicate money from under the table, if at all?

Luckily, with my current earnings and savings I have more than enough to prove I can support my husband when we go to the U.S., but I wonder if I need to convert this amount when filling out the form? Do I just cross out the dollar sign and put in a €? If it has to be converted, which exchange rate do I use? The average from the past year, today's exchange rate or something else?

Thank you very much in advance!

Edited December 3, 2009 by Spain to U.S.

[Boiler 46,211]

The same exchange rate you used when filing your US taxes.

Your Spanish income will continue in the US?

[christeen 966]

You cannot use your income from Spain to qualify unless this income will continue when you move to the USA... Additionally, some consulates will not count Euro saved in European accounts as assets since they have no ability to verify this amount with European authorities due to the EU privasy restrictions... We ran into this issue even though we have a large amount of assets in Italy... They would not count anything in Italian accounts... The assets had to be in a US account under my (USC) name!!

My husband also was working for a European company and was going to be transferred to the US office once the GC was approved, they also would not count that income since technically it would not continue from the same sourse since in US my husband would be paid by the US branch of the company...

So on paper you can calculate all you want (we did the current exchange rate) but be prepared that they may not consider ANY foreign income or investements... My advice for what it is worth, have a back up plan, either the required amount of assets in a US account (3 years x 125% poverty level or 3 years x the difference in what is earned by your US spouse and the 125%) or have a co-sponsor lined up...

We had to do a lot of scrambling at the last minute as the consulates have become much more stringent on financial support because of the current economic conditions...

[Spain to U.S. 0]

The same exchange rate you used when filing your US taxes.

Your Spanish income will continue in the US?

No, I would leave my job as soon as my husband has his immigrant visa. In that case, does that mean that I can ONLY use my savings to show support? Is this acceptable, or do they expect one of us (or a joint sponsor) to also have an income? I could transfer my savings here relatively easily to my U.S. bank account so that shouldn't be a problem.

Thanks for all of the help in advance!

Also, how can I retroactively file U.S. taxes for the last three years? Embarassingly, I have never done anything AT ALL related to U.S. taxes and have no idea as to what I am supposed to do.

[christeen 966]

The same exchange rate you used when filing your US taxes.

Your Spanish income will continue in the US?

No, I would leave my job as soon as my husband has his immigrant visa. In that case, does that mean that I can ONLY use my savings to show support? Is this acceptable, or do they expect one of us (or a joint sponsor) to also have an income? I could transfer my savings here relatively easily to my U.S. bank account so that shouldn't be a problem.

Thanks for all of the help in advance!

Also, how can I retroactively file U.S. taxes for the last three years? Embarassingly, I have never done anything AT ALL related to U.S. taxes and have no idea as to what I am supposed to do.

In that case you cannot use your income since it will not continue once in the USA... No need to file retroactivly as part of the financial qualification... I am assuming that you do not have a SSN or ITTN?? You can file retroactivly after you get the SSN and provided you earned under 90k you will not owe any taxes... However do a calculation to see if you will benefit from doing this, if your wife did not earn or pay taxes then there might not be a benefit to this for you...

However, even if your wife does not earn anything, she still has to fill out the sponsor form since she is the one petitioning for you. You can qualify on assets alone but they should be in a US account. The amount needed is 3 years x 125% poverty or approx $56,000. Have it in an account that has her name on it and she will include it as her assets on the 864 as proof that you have enough to ensure you are not to become a public charge.

You can still include your Spain info (savings and investments ONLY) as they will NOT count your income since it will not continue... Just be prepared that they might not consider investments in Spain... just the us assets...

The basic jist is that your wife is the petitioner and must prove that she can sponsor you once you enter the USA... you as the intending immigrant are not sponsoring yourself... She can prove that by income or assets in the USA...

[Boiler 46,211]

Besdt to have a co-sponsor, some Consuls will not take capital.

[christeen 966]

Besdt to have a co-sponsor, some Consuls will not take capital.

Provided the assets are in the US sponsors name and meet the 3 years x 125% level you should be fine... I would possibly pad that amount to be sure... Although they will probably not count the assets in Spain, put them in the 864 so they know that you have other amounts as a backup...

[Spain to U.S. 0]

Thank you so much for the advice! It is extremely helpful and I really appreciate it.

P.S. I am the filing wife, my husband is the immigrant. He doesn't do paperwork...

Edited December 4, 2009 by Spain to U.S.

[trailmix 77]

Also, you will need to indicate on the I-864 why you did not file taxes - attach a note stating: I did not file returns for the past three years as I did not earn enough to be required to do so.

If it is only you and your spouse you will need to show assets of 54,636.00. If the money is not in U.S. dollars you will need to convert it at the current exchange rate. Note this on the I-864 as well.

There is no specific exchange rate you must use - links to some of the more common ones can be found on this IRS page:

http://www.irs.gov/businesses/small/articl...=130524,00.html

Good luck