I-864 (a couple of questions please :) )

[Purple Turtle 17]

My husband went here to the Philippines to study to become a Church Minister from 2004 until 2010. Now, he's a Church Minister and receive a weekly stipend from our Church in Philippine peso. His father in law will be our Joint Sponsor but since my husband will fill out a form too, my questions are the following:

1. He hasn't filed a tax return ever since 2004. Will we need a cover letter and include his Certification of Records certifying that he's been a student here since 2004?

2. Do we leave Part 6 empty since he's earning a foreign income?

3. We also receive a monthly allowance from his parents through his NFCU, do we list that down on Line 26 (My Assets)

Sorry for all these questions. This form is bloody confusing! Thank you so much in advance!!

[Anh map 2,098]

The US taxes on worldwide income. So all citizens and green card holders are required to file tax returns no matter where the income is earned. IRS Info for Citizens Living Abroad

If his income is/ has been below the minimum amount to file a return then he would submit a statement referring to the IRS guidelines about minimum income. See this link to determine if income was above or below filing requirement IRS Publication 501 Filing Requirements

Take time to read the I-864 instructions completely. They have a lot of great information.

Also these links can be helpful: I-864 FAQ Preparing I-864 Forms

[Purple Turtle 17]

Hi Anh. Thanks for the info.

I just want to clarify something. He only receive a weekly stipend last year, March 2010, and it's not considered an income or a salary but an allowance. My interview's next month and I'm not sure if we're going to make it if we file this right now.

I'm getting some information as well that a cover letter will suffice. I'm pretty much confused and feeling a biiiit slow (12 midnight our time)

The US taxes on worldwide income. So all citizens and green card holders are required to file tax returns no matter where the income is earned. IRS Info for Citizens Living Abroad

If his income is/ has been below the minimum amount to file a return then he would submit a statement referring to the IRS guidelines about minimum income. See this link to determine if income was above or below filing requirement IRS Publication 501 Filing Requirements

Take time to read the I-864 instructions completely. They have a lot of great information.

Also these links can be helpful: I-864 FAQ Preparing I-864 Forms

[Purple Turtle 17]

Another one said that he's been here for 6 years 1/2 (6 of which he spent as a student under a ACR visa) and hasn't worked in the US, he'll have to leave the Tax portion out and to also just submit a cover letter. Any clarification regarding on this one is very much appreciated.

[Anh map 2,098]

The instructions for the I-864 are clear. If the sponsor was not require to file a tax return then they submit a letter explaining why they were not required to file and cite the appropriate IRS rules. If they were required to file (on any income, not just US income) then a tax return needs to be filed.

A stipend is considered income. See here >>> http://www.irs.gov/govt/tribes/article/0,,id=185500,00.html

You stated that his father in law (that is your father) will be the joint sponsor. Is that correct?

[Purple Turtle 17]

The instructions for the I-864 are clear. If the sponsor was not require to file a tax return then they submit a letter explaining why they were not required to file and cite the appropriate IRS rules. If they were required to file (on any income, not just US income) then a tax return needs to be filed.

A stipend is considered income. See here >>> http://www.irs.gov/govt/tribes/article/0,,id=185500,00.html

So we're going to convert his allowance from Peso to US dollars?

You stated that his father in law (that is your father) will be the joint sponsor. Is that correct?

1. So we're going to convert his allowance from Peso to US dollars?

2. Yup and since he and my Mother in law file under the Joint Tax, we made our Mom fill out the I-864A

Thanks for being online! I can't sleep with this thing gnawing my head at the moment.

Edited April 10, 2011 by Purple Turtle

[Purple Turtle 17]

No, our Joint sponsor is his father. My husband's the USC.

[Purple Turtle 17]

Whew! OK! After spending the entire night online, I found our answers (wasn't easy since I have little IRS knowledge) and found out that he's exempted from filing tax returns (Foreign Income Exclusion plus the Filing Requirement for 2010)

[Anh map 2,098]

Filing requirement is what you look at to know if a return must be filed. The income exclusion is used when determining tax owed.

If his annual income for 2010 (09, and 08 as well) was below the required amount to file then he will write a letter stating that he was not required to file a US tax return because he did meet the income threshold for those years.

[Purple Turtle 17]

My eyes are wonky now. But yes, you're right. Before March 23, 2010, he was still under the Dependent category as he was still a student. We'll cover all that on the letter you mentioned. Thanks so much for the helpful links you posted earlier.

[joyjohn 18]

just too easy your mind some.......iam also ina different boat when it comes to the I-864 and IRS, i also will send a cover letter explain why i didnt have to file my income tax , plus the letters from irs explaining why in their tips, and also the forms from the other government departments why the money I receive from them is non-taxable, plus showing all my income which is well over the 125%.....the I-864 form mainly is just for people who get a w-2 or self-employed but their is a way to comply with it but it takes extra paper work.......so you see you arent the only one out their... one day they may expand question # 25 to include all sources of people.

[Purple Turtle 17]

Thanks, Joyjohn! I think I learned a lot about taxes and the IRS doing research till 3 am. I'm hoping our explanation's clear and enough on the cover letter since I've inserted there specific IRS laws Good luck to your application too!

just too easy your mind some.......iam also ina different boat when it comes to the I-864 and IRS, i also will send a cover letter explain why i didnt have to file my income tax , plus the letters from irs explaining why in their tips, and also the forms from the other government departments why the money I receive from them is non-taxable, plus showing all my income which is well over the 125%.....the I-864 form mainly is just for people who get a w-2 or self-employed but their is a way to comply with it but it takes extra paper work.......so you see you arent the only one out their... one day they may expand question # 25 to include all sources of people.

Edited April 11, 2011 by Purple Turtle