I-864 questions (immingrant income/one tax return only)

[Nounours75 0]

Hi again guys,

I am pretty much set with everything regarding my AOS but I still have 2 small questions regarding the Affidavit of support:

- it says that in order to meet the income requirement, we can add the intending immigrant's income if needed (As actually I make more money than my wife) but only if the income ressources must be continuing from the same source after I get my resident status and that we must show evidences of this:

- Does this mean that I will never be able to change job after I get my resident status (I found this kind of weird).

- Which evidence can show this? Even my letter of employment can not guarantee that I will have always those revenues (like if i am fired?)

Regarding the tax returns for the last 3 years:

- We moved here only by December 2009, so we just filled one of those....and only for one month. Shall I include a specific letter explaining why we can show only one tax return? Do you believe this going to be a problem?

Thanks in advance,

Nounours !

[Harpa Timsah 13,258]

For your first question, you don't have to keep your job forever. All that means is that you have the possibility of keeping the same job. Since you are in the U.S, then this applies to you. Let's say you were working abroad now and your 864 was for a CR-1 visa. In that case, you could not count spouse's income.. because once they move to the US they would most likely have to terminate employment. This form is used for all sorts of applications. Make sense?

Secondly, you do not have to show tax returns for the previous 3 years. You can show EITHER one year or three year's worth. However, I do believe that your USC spouse has to file taxes even if they live abroad. (Not pay taxes in all cases, but file them/show income).

Remember, this is your wife filling this form out (it's from her point of view). When they ask for taxes, they ask for hers. If you are going to use your work and taxes and stuff (beneficiary), then you obviously need to provide similar documentation, but you were not required to fill out taxes for the three previous years, but she was. Good luck!

[HighMaintenance 1]

Get a good employment letter. HR people know how to write the stuff - highlighting that you are a valuable associate and that your prospects with the company look positive. Include paystub copies, maybe even a 401K proof. Thats all you can do.

[Nounours75 0]

Thanks for your replies guys.

As my wife is above the poverty requirement by herself, I will make it easy and not include my income....

As for the Tax return, I will include hers for 2009, her paystub, her employment letter etc...I believe it is ok.

I hope it will not raise any flag on the fact that she never declare any income while she was living abroad (she paid her taxes in France).

I do not believe she had to pay anything, but woud like to avoid another administrative nightmare....

Nounours.

[NikosF 6]

I hope it will not raise any flag on the fact that she never declare any income while she was living abroad (she paid her taxes in France).

I do not believe she had to pay anything, but woud like to avoid another administrative nightmare....

It's unlikely to raise a red flag with USCIS (although it does ask if the petitioner filed in the last three years - which it doesn't sound like she did), but she should file them anyway to avoid issues with the IRS down the line. France and the US have a tax treaty, so the tax she paid in France can be claimed against her US tax liability. Since rates in France are slightly higher than Federal tax rates she would almost certainly not owe anything. She can file for the years that she missed, and since there is no tax liability she would not be subject to any fines or penalties.

(This was the situation for my USC wife who lived and worked in the UK for several years - we just paid an account $500 and he did her past taxes for her. She didn't owe anything and she regularised with the IRS).

[Nounours75 0]

Indeed, I checked with an accountant and as per him, US Citizen who lives abroad (or at least in France) would have to pay taxes only if they make more than 90KUSD per year, which was not the case for my wife.

So indeed, she might have to fill up Tax Return for the years abroad she has been working but should not be taxed....

Great, some more paper to fill up

Nounours75