AOS & I-864

[honbako 1]

Hi everyone,

I'm currently in the process of filling out the forms for AOS for my wife (married through K-1) and I came across something I'm not (yet) quite sure about.

Question #25 of Part 6 of the I-864 from requires entering the Adjusted Gross Income for the last 3 tax years. For the 2007 tax year, my "Wages, Salaries, Tips, Etc" comes out to be $0.00 because I filed my taxes for that year because I was living outside of the U.S. at the time.

The income I made at the time qualified for the Foreign Earned Income Exclusion and is listed elsewhere on the tax transcripts I received from the IRS.

I thought that entering $0.00 for my total income that year would be odd, so I entered the amount I earned while living outside the U.S. Is this all right to do?

Also, are the IRS tax transcripts I have sufficient enough to meet the requirements of the I-864? Or should I also include a letter of employment, payment stubs, and copies of my tax returns (the wording on the instructions is a bit confusing )?

Thank you kindly for your help!

[Don and Venus 2]

I don't know about the part of listing your income as my husband filed his taxes. With my I-864 I included my husbands 2009 1040 and w2's, 2007-2009 tax transcripts, letter from his employer and 6 mos of pay stubs.

[keka 1]

I meet my husband in 2009 when he was working as a camera man but unpaid . . about the taxes , he just do a letter that he was out of USA and that he dont do any money in that time in the instruction said that you should do a letter explain why yo didnt pay taxes , so he write a letter explaining why . .

Remember you should send COPIES of your last 3 years of your taxes . . they want to know if you pay your taxes or not , just give them all the information and if you have that income exclusion its ok dont worry, just send ALL THE COPIES of your taxes . .

[Anh map 2,098]

Hi everyone,

I'm currently in the process of filling out the forms for AOS for my wife (married through K-1) and I came across something I'm not (yet) quite sure about.

Question #25 of Part 6 of the I-864 from requires entering the Adjusted Gross Income for the last 3 tax years. For the 2007 tax year, my "Wages, Salaries, Tips, Etc" comes out to be $0.00 because I filed my taxes for that year because I was living outside of the U.S. at the time.

The income I made at the time qualified for the Foreign Earned Income Exclusion and is listed elsewhere on the tax transcripts I received from the IRS.

I thought that entering $0.00 for my total income that year would be odd, so I entered the amount I earned while living outside the U.S. Is this all right to do?

Also, are the IRS tax transcripts I have sufficient enough to meet the requirements of the I-864? Or should I also include a letter of employment, payment stubs, and copies of my tax returns (the wording on the instructions is a bit confusing )?

Thank you kindly for your help!

Transcripts are preferred in place of tax return copies. No need to send both.

Line 22 of your form 1040 is the income amount that you want to list for #25 on the I-864.

The employer letter and most recent paystubs are great proof of current income. Not required, but they do eliminate any doubt in the mind of the adjudicating officer.

[Harpa Timsah 13,258]

Some proof of current employment is required (usually in the form of an employment letter or 6 months of paystubs). It says so specifically on the I-864 download homepage at uscis.gov.

"All sponsors must submit the following documentation with their I-864:

Proof of current employment or self employment"

Link:

http://www.uscis.gov/i-864

Also, posting in the AOS from K-visas forum will get you more answers. Hopefully a mod will move this there.

Edited November 28, 2010 by Harpa Timsah

[Anh map 2,098]

* Moved from K1 forum to Adjustment Of Status Family Visa forum*

[honbako 1]

Thank you everyone for your replies. I'll stick with the IRS tax transcripts and get information from my employer. I'll have to dig out my tax return for 2007 and see what's listed line 22.

In regards to the Foreign Earned Income Exclusion (for those who aren't familiar with it).

If you are a U.S. citizen living abroad and earning an income from a non-U.S. company or entity, you are required to pay taxes on what you earn outside of the U.S.

If you have proof of residence (usually more than one year) outside the U.S., then the Foreign Earned Income Exclusion allows one to avoid getting taxed twice if your income falls below the amount listed.

Even if a U.S. citizen qualifies for the Foreign Earned Income Exclusion, the citizen is still required by law to file their income taxes ... you just don't have to pay any tax on what is earned.

Fortunately, I did file my taxes while living outside the U.S. so no worries for me there.

Thank you again kindly for your advice and suggestions.

[Anh map 2,098]

The transcript will show your income. If it was a joint filing with a former spouse then you will want to list only your income. The transcript would not break out individual taxpayer information.