Spousal Support (form i-864) Question

[mfriend12 1]

Hi, this is my first post here. I'm American and getting married to an Indian man this month, we are planning to file for IR-1/CR-1 visa afterwards.

I have a problem with the spousal support form though - I have been living abroad teaching English for the past 3 years (met my spouse 3 years ago on my first trip to India). I have not filed taxes in the US since 2010 (for the 2009 year) because I believed my income and situation did not require me to file. I do have a tax return from Sweden last year, but I worked in Vietnam which paid cash and there's no hard evidence of income there. I'm not sure what to put on the section asking for my federal tax information. At the time of application I will likely be employed in Korea.

I can probably have my mother co-sponsor for the visa because she easily meets the financial requirements and resides in the US. But I'm not sure how to fill out this form - I don't want to look like a tax evader or also like I don't have any money to support my spouse. What's the best method for filling these financial forms?

Thanks for reading!

[Stephen + Elisha 92]

As a US citizen, you are required to report worldwide income to the IRS. Most if not all of your income will probably fall under the foreign earned income exemption (meaning you won't have to pay taxes on it), but you will need to file returns for the 2010 and 2011 tax years. You'll need at least the most recent year's (2011) tax return/tax transcript when it comes time to file the I-864.

The good news is that you have some time to sort this out. The I-864 doesn't come into play until after the I-130 is approved.

One thing to consider: once the I-130 is approved, you'll need to be able to show that you're taking steps to reestablish a residence in the United States.

[Penguin_ie 5,994]

As the previous poster said, youw il need to back file taxes- I recommend three years. It's not a huge thing, and you won;t need to pay taxes or penalties as you won;t owe any, but you need to file.

You will need to file the I-864. You can list your assets, if any, but income won't count as it will stop when you come back to the USA. Your mom will also file a I-864, showing her income with paystubs and three years tax returns.

[mfriend12 1]

One thing to consider: once the I-130 is approved, you'll need to be able to show that you're taking steps to reestablish a residence in the United States.

Thanks for the information. So I will get started on filing the back taxes asap.

What types of evidence show that I'm "taking steps to reestablish a residence"? Is this something that he will have to show in his consulate interview?

Thanks again!

Milena

[Stephen + Elisha 92]

What types of evidence show that I'm "taking steps to reestablish a residence"? Is this something that he will have to show in his consulate interview?

It's part of the I-864 process. As the petitioner, you are required to be your husband's sponsor even if you need a joint sponsor to meet the income requirements. A sponsor must be "domiciled in the United States." Consult Part 4, Question 15 in the I-864 instructions for detailed information about evidence of having maintained US domicile or taking concrete steps to establish a US domicile.