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Include foreign earned income on I-864?

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Filed: Citizen (apr) Country: Germany
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Working on the I-864 - my (USC) current annual income is zero, but my husband's, of course, is not. Since it's foreign-earned income which will end when we go to the US, do I include it on the I-864?

I can think of arguments for each side :wacko:

btw, we have a sponsor who exceeds the requirements, so the approval shouldn't be an issue

Pre-VISA

November 14, 2009 - met randomly in a park in Atlanta, talked 1 hour

November 16, 2009 - started emailing daily

December 11, 2009 - flew to DC for a weekend to visit

January 5, 2010 - JL flies back to Germany :(

March 17-23, 2010 - I visit JL in Germany

September 1, 2010 - I move to Germany!

September 9, 2011 - Married <3

German Visa

December 20, 2011 - applied for German visa

February 9, 2012 - interview

March 26, 2012 - temporary 18 month greencard!

US VISA

April 3, 2012 - mailed I-130s to Frankfurt

April 11, 2012 - NOA1 mailed

April 13, 2012 - I-130 payment authorized

April 18, 2012 - NOA1 received

Impatiently waiting for NOA2......

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Working on the I-864 - my (USC) current annual income is zero, but my husband's, of course, is not. Since it's foreign-earned income which will end when we go to the US, do I include it on the I-864?

I can think of arguments for each side :wacko:

btw, we have a sponsor who exceeds the requirements, so the approval shouldn't be an issue

That's a good question. From the way I read the instructions, you would only add your spouse and their foreign-earned income under 24b if you had proof that this income will continue in the US and you are using it to meet the income requirement (which you aren't because you have a co-sponsor). Unless your spouse's foreign income will continue in the US I wouldn't list it. I think your answer for 24c should be zero. Can anyone else confirm this?

- Bron

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Filed: Citizen (apr) Country: Germany
Timeline

Exactly!

Technically our income is not zero.....but it won't continue in the US as far as we know.

With the co-sponsor it doesn't really matter, I just don't want to come this far & then get it wrong! :bonk:

Pre-VISA

November 14, 2009 - met randomly in a park in Atlanta, talked 1 hour

November 16, 2009 - started emailing daily

December 11, 2009 - flew to DC for a weekend to visit

January 5, 2010 - JL flies back to Germany :(

March 17-23, 2010 - I visit JL in Germany

September 1, 2010 - I move to Germany!

September 9, 2011 - Married <3

German Visa

December 20, 2011 - applied for German visa

February 9, 2012 - interview

March 26, 2012 - temporary 18 month greencard!

US VISA

April 3, 2012 - mailed I-130s to Frankfurt

April 11, 2012 - NOA1 mailed

April 13, 2012 - I-130 payment authorized

April 18, 2012 - NOA1 received

Impatiently waiting for NOA2......

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Filed: Citizen (apr) Country: Germany
Timeline

Hey Bron - just as an update, I got a hold of the embassy in Frankfurt & they told me I was to write $0 for household income, despite the fact that my husband actually has an income here in Germany - so now we know :)

Pre-VISA

November 14, 2009 - met randomly in a park in Atlanta, talked 1 hour

November 16, 2009 - started emailing daily

December 11, 2009 - flew to DC for a weekend to visit

January 5, 2010 - JL flies back to Germany :(

March 17-23, 2010 - I visit JL in Germany

September 1, 2010 - I move to Germany!

September 9, 2011 - Married <3

German Visa

December 20, 2011 - applied for German visa

February 9, 2012 - interview

March 26, 2012 - temporary 18 month greencard!

US VISA

April 3, 2012 - mailed I-130s to Frankfurt

April 11, 2012 - NOA1 mailed

April 13, 2012 - I-130 payment authorized

April 18, 2012 - NOA1 received

Impatiently waiting for NOA2......

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Hey Bron - just as an update, I got a hold of the embassy in Frankfurt & they told me I was to write $0 for household income, despite the fact that my husband actually has an income here in Germany - so now we know :)

Awesome!! My wife(filipino) had foreign income in 2011 but not 2012, as she resigned from her job when we married. I worked in the US for the first couple of months in 2011, but ever since I've been getting foreign income in the Philippines. Technically I'm getting a very small amount of interest income from the US still, but I no longer earn US money from a job and my Philippines job won't continue in the US. So on #23 would I just try to calculate how much US interest I'm earning and put that there? Then 24a would be that same amount, and 24c would also be that same amount? Our co-sponsor has things more than covered so I'm also not worried about qualifying; just want to get it right :)

- Bron (Makati now; Utah later)

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Filed: Citizen (apr) Country: Germany
Timeline

I think, yes, though I'm far from an expert on the topic!

Also, are you earning enough interest that you need to file a tax return for "income"? If not, I would think you could just write $0.

The same was true for us - our sponsor is far above the minimum requirement, so we weren't concerned. At the same time, I didn't want to make a dumb mistake!

They claimed that the income requirements pertain ONLY to the sponsor, not the beneficiary, even if/when the beneficiary is part of the household. So there you have it.

Pre-VISA

November 14, 2009 - met randomly in a park in Atlanta, talked 1 hour

November 16, 2009 - started emailing daily

December 11, 2009 - flew to DC for a weekend to visit

January 5, 2010 - JL flies back to Germany :(

March 17-23, 2010 - I visit JL in Germany

September 1, 2010 - I move to Germany!

September 9, 2011 - Married <3

German Visa

December 20, 2011 - applied for German visa

February 9, 2012 - interview

March 26, 2012 - temporary 18 month greencard!

US VISA

April 3, 2012 - mailed I-130s to Frankfurt

April 11, 2012 - NOA1 mailed

April 13, 2012 - I-130 payment authorized

April 18, 2012 - NOA1 received

Impatiently waiting for NOA2......

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I think, yes, though I'm far from an expert on the topic!

Also, are you earning enough interest that you need to file a tax return for "income"? If not, I would think you could just write $0.

The same was true for us - our sponsor is far above the minimum requirement, so we weren't concerned. At the same time, I didn't want to make a dumb mistake!

They claimed that the income requirements pertain ONLY to the sponsor, not the beneficiary, even if/when the beneficiary is part of the household. So there you have it.

Well I don't earn enough US interest that I would need to file taxes on that amount alone, but I did file taxes in 2011 because I also had some US job income for the year that put me over the threshhold. I think that on the I-864 they're talking about what you "currently" make, and that doesn't necessarily have to match the amount from your most recent tax transcript because it can, and is, different. I don't currently make what I made last year, and the I-864 wants what I currently make. I guess the tax transcripts show proof that, among other things, you have had an income for awhile. Then to prove your current income you would submit things like paystubs, etc. I wonder if they're gonna need to see my IRA and CD statements, as well as my bank statements, as proof of my small current US income, even though I won't be using that income to qualify? I'm sure my parents can dig that stuff up from back home if I need it.

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Filed: Citizen (apr) Country: Germany
Timeline

I really doubt it, esp. with a co-sponsor. If you were going without a co-sponsor, then maybe.

I have returns from 2009 & 2010 to show, but I had no income in 2011, so no return. They told me to check the box saying i have no return...My co-sponsor provided the 2011 return.

I kind of have the opinion of keep it as simple as possible - I'm not going to go out of my way to provide extra info they aren't requesting! That said, we interview on the 31st, so if I find out something differently I'll let you know!

Pre-VISA

November 14, 2009 - met randomly in a park in Atlanta, talked 1 hour

November 16, 2009 - started emailing daily

December 11, 2009 - flew to DC for a weekend to visit

January 5, 2010 - JL flies back to Germany :(

March 17-23, 2010 - I visit JL in Germany

September 1, 2010 - I move to Germany!

September 9, 2011 - Married <3

German Visa

December 20, 2011 - applied for German visa

February 9, 2012 - interview

March 26, 2012 - temporary 18 month greencard!

US VISA

April 3, 2012 - mailed I-130s to Frankfurt

April 11, 2012 - NOA1 mailed

April 13, 2012 - I-130 payment authorized

April 18, 2012 - NOA1 received

Impatiently waiting for NOA2......

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My wife(US citizen) and me have been teaching English in South Korea. we did DCF through the US embassy in Seoul.

With the I-864 my wife filled in the I-864 as the main sponsor, and used her Korean income and we submitted her tax return. She was well over the poverty limit. We also had my mom in law as a joint sponsor, who was also well over the poverty limit.

On my interview date, the consular officer was happy with my wife's foreign income, as we were both still employed during my interview time, so my wife's I-864 was approved. He took copies of her drivers licence, bank account as proof of domicile. That was it. He handed back the joint sponsor's I-864 and said it wasn't needed.

We entered the US on Thursday in Hawaii, and we breezed through, :-)

04-04-2012- I-130 filed at Seoul US embassy $420
04-19-2012- I-130 Approved(15 days)!!! Receive Case number and Packet 3.
05-03-2012 - Medical examination at Seoul St.Mary's Hospital(Passed) $170
05-05-2012 - Set Interview date for June 15
06-15-2012 - Interview (Approved) Case completed in 74 days! Could have been shorter!
06-18-2012 - Receive visa + brown envelope.
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07-24-2012 - Receive SSN
07-29-2012 - Receive 2 year conditional Green card
08-02-2012 - Apply for State ID: Get 6-year Tennessee state ID.
03-22-2013 - Do written test at DMV for drivers license. Get 1-year Learner permit.
03-28-2013 - Pass drivers license test. Get 5 year drivers license. Done with the DMV until 2018!

Next step - Removal of conditions on green card: May 2014.

04-30-2014 Filed I-751 to remove conditions

05-05-2014 NOA1 receipt and extension of green card for 1 more year while it processes.

06-12-2014 Biometric Appointment

12-29-2014 Approval letter from USCIS with no interview needed! Done with USCIS till 2024 or when I apply for US citizenship. 

12-30-2014 Receives 10 year permanent green card.

 

Naturalization Process: 

06-29-2017 N400 filed 

07-05-2017 Check cashed 

07-11-2017 Received biometric appointment

07-12-2017 NOA 1 receipt 

07-26-2017 Biometric appointment 

09-13-2017 Case in line for interview 

04-23-2018 Interview (Memphis, N 400)  Passed!  Recommended for approval. 

05-24-2018 Oath ceremony notice was mailed. 

05-29-2018 Oath letter received. Date set: June 21st, 2018

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On our I864 filed last year, I annualized the YTD income as summarized on the pay stub and reported it on line 23. This included all current income

On line 25 I reported AGI straight off of the prior year retuen. This line DOES exclude foreign earned income.

It should be noted that we expected to get no credit for any of it as the income was not to continue after leaving for the US. We were credited for >3X required in cash assets and the visa was, I believe, granted based on assets only.

I don't know for sure. Didnt check/didn't care which line they approved the visa on actually so I declared all of our assets as a backup.

Edited by himher

 

i don't get it.

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  • 3 years later...

My wife(US citizen) and me have been teaching English in South Korea. we did DCF through the US embassy in Seoul.

With the I-864 my wife filled in the I-864 as the main sponsor, and used her Korean income and we submitted her tax return. She was well over the poverty limit. We also had my mom in law as a joint sponsor, who was also well over the poverty limit.

On my interview date, the consular officer was happy with my wife's foreign income, as we were both still employed during my interview time, so my wife's I-864 was approved. He took copies of her drivers licence, bank account as proof of domicile. That was it. He handed back the joint sponsor's I-864 and said it wasn't needed.

We entered the US on Thursday in Hawaii, and we breezed through, :-)

I'm sorry for responding to an outdated post, but I haven't been able to find enough information about this from people who have moved from Korea to the States. BTW, I (US citizen) am in the process of petitioning for my Korean wife.

So, on your wife's I-864, for the "Sponsor's Employment and Income" field, she reported her Korean income, regardless of it being foreign-earned, and the consular person was okay with that?

I'm confused... People on earlier posts have mentioned how income should be entered as $0 since it's foreign earned income and that a joint sponsor is a must in cases like ours. Is Korea more lax about the process?

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  • 1 month later...

I'm sorry for responding to an outdated post, but I haven't been able to find enough information about this from people who have moved from Korea to the States. BTW, I (US citizen) am in the process of petitioning for my Korean wife.

So, on your wife's I-864, for the "Sponsor's Employment and Income" field, she reported her Korean income, regardless of it being foreign-earned, and the consular person was okay with that?

I'm confused... People on earlier posts have mentioned how income should be entered as $0 since it's foreign earned income and that a joint sponsor is a must in cases like ours. Is Korea more lax about the process?

Hi Anunnaki - I'm after the same answer too. My wife (USC) and I both live and work in Australia. I don't know whether to have her include her Australian income on the I864. Did you have any luck finding an answer here?

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