Financial requirements

[leenkath 7]

I'm a US Citizen about to enter this process with my Ecuadorian husband. My concern is the financial requirements, I believe it is called the Affidavit of Support(? still new to this). It says they will request copies of my last three tax returns. The problem is that since living in Ecuador for the past two years I have barely declared any income on my US taxes, literally almost nothing, because I have not earned any money in the U.S. for the past two years and I am paying taxes to the Ecuadorian government. It's not that I don't make money, there is just no documentation of it on U.S. papers.

Has anyone else been in this situation? How can I handle it? Is the only way around this to have a co-sponsor, perhaps my parents for example?

Your insight is appreciated.

[Anh map 2,098]

You need to show current and continuing income that meets the requirements set forth in the I-864P. Click the link below to get that form. If your current source of income will not continue when you return to the US you will need a joint sponsor. A parent can be a joint sponsor.

Past income isn't an issue. However, the US taxes on worldwide income. If you earned income in Ecuador, it should have been on your US tax return. There is a foreign income exclusion so a person is not taxed twice.

This I-864 Affidavit of Support FAQ from the State Dept. website may be helpful to you >> http://travel.state.gov/visa/immigrants/info/info_3183.html

[foofurrah 4]

From the I-864 Instructions:

If you were required to file a Federal income tax return during any of the previous three tax years but did not do so, you must file any and all late returns with IRS and attach an IRS-generated tax return transcript documenting your late filing before submitting the I-864 Affidavit of Support. If you were not required to file a Federal income tax return under U.S. tax law because your income was too low, attach a written explanation. If you were not required to file a Federal income tax return under U.S. tax law for any other reason, attach a written explanation including evidence of the exemption and how you are subject to it. Residence outside of the United States does not exempt U.S. citizens or lawful permanent residents from filing a U.S. Federal income tax return. See "Filing Requirements" in the IRS Form 1040 Filing Instructions to determine whether you were required to file.

[RFQ 110]

I just posted this letter the consulate wrote to my spouse:

"Your wife should fill out the Affidavit of Support form (I-864) even if she has no income and did not file any tax returns. A statement indicating the reasons why she could not file any taxes should also be included with the I-864. An affidavit of support from a joint sponsor will be required with the most recent tax returns and proof on status.

You may also submit your proof of assets, however, all assets should be liquidated and funds transferred to the U.S. within a year.

Regards,

Consular Section

U.S. Embassy, Cairo"

(not very detailed but maybe it points you in the right direction.

[leenkath 7]

Sorry for not being clear. My family's accountant prepared my taxes and I'm pretty sure he did everything by the book, including reporting my Ecuadorian income. But ultimately it adds up to very little by U.S. standards. I think our best bet is just to explain anything and everything and hopefully have my parents sponsor my husband. Thanks for the replies!