I-864

[hdouthit 1]

For those USC's that don't need to file a tax return after living abroad, what evidence did you supply for the beneficiary's interview to show this exemption?

[nc73 0]

For those USC's that don't need to file a tax return after living abroad, what evidence did you supply for the beneficiary's interview to show this exemption?

You just need a letter saying you didn't need to file. I suppose payslips will help if you don't earn enough.

[hdouthit 1]

Is this letter supposed to come from the USC or from the IRS?

Thanks!

[nc73 0]

Is this letter supposed to come from the USC or from the IRS?

Thanks!

USC

[Anh map 2,098]

For those USC's that don't need to file a tax return after living abroad, what evidence did you supply for the beneficiary's interview to show this exemption?

Are you saying the USC didn't earn enough money to file, or that the USC simply lived abroad?

US taxes on worldwide income. Living outside the US does not excuse a USC or LPR from filing a tax return. Refer to the IRS web page covering Foreign Earned Income Exclusion

If they didn't earn enough then an affidavit from the USC stating what they earned and citing the appropriate IRS information/regulation would be needed.

Edited February 19, 2010 by Anh map

[hdouthit 1]

Thanks for your info

He didn't earn any $ whilst living abroad and the IRS said he didn't need to file so I will tell him to write the affidavit.

Thanks again!

[TOM&Riz 4]

For those USC's that don't need to file a tax return after living abroad, what evidence did you supply for the beneficiary's interview to show this exemption?

NOTE: Typical proof that a sponsor was not required to file a tax return for a particular year would consist of a written statement from the sponsor, signed under penalty of perjury, attesting to the amount of his or her income for the relevant year and to the fact that a tax return was not required by law. USCIS adjudicators handling form I-864 issues should be aware of the income threshold for the requirement of filing a tax return for the last several years, so that an RFE for evidence of the law is not necessary. In particular, the instruction booklets for each years forms 1040, 1040A, 1040EZ specify thre income threshold below of which a person is not required to file a return

[trailmix 77]

NOTE: Typical proof that a sponsor was not required to file a tax return for a particular year would consist of a written statement from the sponsor, signed under penalty of perjury, attesting to the amount of his or her income for the relevant year and to the fact that a tax return was not required by law. USCIS adjudicators handling form I-864 issues should be aware of the income threshold for the requirement of filing a tax return for the last several years, so that an RFE for evidence of the law is not necessary. In particular, the instruction booklets for each years forms 1040, 1040A, 1040EZ specify thre income threshold below of which a person is not required to file a return

Just a note that the information given my Tommy&Riza is a quote from:

USCIS - Adjudicator's Field Manual

Section 20.5 Enforceable Affidavits of Support

[elmcitymaven 9,712]

Tommy & Riza and trailmix -- this is great info since this question gets asked quite frequently. Maybe (if I can be arsed) I will update the I-864 wiki with this so it doesn't get lost. Thanks!

Edited February 20, 2010 by elmcitymaven

[hdouthit 1]

Thanks all for the info.

Could you clear up this part of the Manual:

Accompanying spouses and children also need to submit Form I-864s. Each spouse or child must submit a photocopy of the principal’s I-864, but they do not need to submit a photocopy of the supporting documentation. A spouse or child is considered to be “accompanying” a principal immigrant if they apply for an immigrant visa or adjustment of status either at the same time as the principal immigrant or within 6 months after the date the principal immigrant acquires LPR status.

Am I reading this right and need to do an I-864 for myself and my 5 month old daughter? Thanks

Edited February 20, 2010 by hdouthit

[elmcitymaven 9,712]

Yes, the I-864 would be for the both of you as she is accompanying the principal immigrant (i.e. you). According to the excerpt you posted, you will also need to present an extra photocopy of the I-864 for her on the day of the interview, but it does not need to include the supporting docs (like tax returns, etc), just a photocopy of the form. So on the day, you would present one complete and original I-864 with all supporting docs, and one photocopy of the I-864 form only.

[hdouthit 1]

Yes, the I-864 would be for the both of you as she is accompanying the principal immigrant (i.e. you). According to the excerpt you posted, you will also need to present an extra photocopy of the I-864 for her on the day of the interview, but it does not need to include the supporting docs (like tax returns, etc), just a photocopy of the form. So on the day, you would present one complete and original I-864 with all supporting docs, and one photocopy of the I-864 form only.

So, I actually don't fill out one myself? And my daughter is getting a passport via CRBA so does she still need to be on the form? I am assuming so.

Thank you so much for your help

Edited February 20, 2010 by hdouthit

[elmcitymaven 9,712]

So, I actually don't fill out one myself? And my daughter is getting a passport via CRBA so does she still need to be on the form? I am assuming so.

Thank you so much for your help

Ahh, I see. Okay, the USC spouse should do one just for you, an original with all supporting docs. Your daughter is a USC so she doesn't need one. She doesn't need to be on the form beyond being counted as a dependent child in 21(d) on the I-864.

Does that make sense?

[TOM&Riz 4]

Just a note that the information given my Tommy&Riza is a quote from:

USCIS - Adjudicator's Field Manual

Section 20.5 Enforceable Affidavits of Support

TY Trailmix, forgot to include the source... won't happen again !!

[hdouthit 1]

Ahh, I see. Okay, the USC spouse should do one just for you, an original with all supporting docs. Your daughter is a USC so she doesn't need one. She doesn't need to be on the form beyond being counted as a dependent child in 21(d) on the I-864.

Does that make sense?

It does - that's awesome. Thanks heaps xxx