Help on I864 !

[AlexFlorida2010 0]

My wife has been leaving overseas for many years, earning just a foreign income which has been reported to the Irs with form 1040 but excluded from Us taxation with Form 2555 since it has always been below the 90k treshold.

She is now filing I864 and I have 2 questions:

a) Does she have to state her foreign income in line " 23. My current individual annual income is:", even if such income will stop once she moves to the states ???

b) Does she still need to attach the Irs transcripts even if in line "25. Federal income tax return information." the question specifically relates to the adjusted gross income which in her case has always been 0 because of the foreign income exclusion procedure?

Thanks

[flanags 0]

I have the same questions as I'm filing for my husband overseas about what to put down as his income. I believe the question pertains to your spouse if you are using their income to meet the income requirements once in the USA. SO from what I can deduct from the I 184 instructions and from these great forums is that you only include that income if she is going to continue to receive that income once in the states - and you have to provide documentation stating so. Otherwise it will be 0. Here's an excerpt from the I 184 instructions.

"If you included the income of the intending immigrant who

is your spouse (he or she would be counted on line 21a),

evidence that his/her income will continue from the current

source after obtaining lawful permanent resident status must

be provided"

As far as transcripts from IRS - yes you have to include them regardless if she was exempt or not. If she did not file you have to write a letter stating why she did not file and probably best to include a copy of the IRS publication (I'm using pub 54) where it pertains to your situation that she did not have to file. I would also include an IRS letter ('non filing') to confirm that you did not file for the years in question. (you can get these from the IRS - can order online)

For me - I have not worked here in Australia for the past 4 yrs as I've been busy having 3 kids !!!- so my adjusted gross income is 0.

I'm not 100% sure on all of the above but I thought I would share what I have gathered so far.

[Póg mo 1,749]

My wife has been leaving overseas for many years, earning just a foreign income which has been reported to the Irs with form 1040 but excluded from Us taxation with Form 2555 since it has always been below the 90k treshold.

She is now filing I864 and I have 2 questions:

a) Does she have to state her foreign income in line " 23. My current individual annual income is:", even if such income will stop once she moves to the states ???

b) Does she still need to attach the Irs transcripts even if in line "25. Federal income tax return information." the question specifically relates to the adjusted gross income which in her case has always been 0 because of the foreign income exclusion procedure?

Thanks

I believe you just need to state what ever income you reported on your IRS tax returns for the past three years. You only need submit a copy of your most recent tax transcript with your I-864, but you still must insure that you have filed tax returns for every year since becoming an adult even if you didn't actually earn an income.