Affadavit of Support - how strict are they?

[rickjames8 0]

Hello,

I am new to (and very confused by) this whole visa process. I never expected it would be so complicated.

My story in 30 seconds: I am a US citizen who lived in the US from birth (71') until 2002. In 2002 I sold a small computer firm I owned and went to live on a beach in Thailand, seeking a simpler life. I did some real estate investments and ran a dive shop and always lived within my means. In 2011 I got married to a lovely French girl I met in Thailand. In 2011 also, I sold my assets in Thailand and bought/rehabbed a 2-unit house (duplex) with my wife in Philadelphia (she entered under the visa wavier). We used the rents from this investment property to fund a 1-year stay in France where we did volunteer projects and I learned more about my wifes country (we are still here). It was something I said I'd do before our planned move to the USA.

Now, I have not filed US taxes since 2002. Legally if you have no US income and your international income is low enough, you do not need to file. I did file in Thailand, but Thai wages are incredibly low (less than $10,000/yr).

I have no job lined up for my return to the USA, but have some informal offers from old co-workers. I also plan to continue rehabbing properties. I own our current investment property free and clear and it's value should be about $110,000. We also have about $8000 in bank accounts which will last us until I find work.

Reading over some other posts here, I fear that I may not qualify. My wife and I both live by simplistic ideals. We don't buy things we cant afford, we grow our own food, and we always live within our means. However, these types of things don't count when filing forms. I've found that out the hard way trying to get a mortgage. I don't want to own my house free and clear, I just can't get financed despite excellent credit.

Do you think with a $110,000 investment property (not my primary residence) and no job and no tax returns for 3 years I will qualify? If not, what are we to do?

Thanks. I am glad I found this forum. It's so much easier to relate to real people than the recorded messages at the USCIS. ;-)

-Rick

[Darnell 8,478]

practice writing up letters of attestation about your financial picture.

when you think it be stellar, submit it in with the I-864 submittal into NVC.

Good Luck !

[Dave&Roza 748]

Hello,

I am new to (and very confused by) this whole visa process. I never expected it would be so complicated.

My story in 30 seconds: I am a US citizen who lived in the US from birth (71') until 2002. In 2002 I sold a small computer firm I owned and went to live on a beach in Thailand, seeking a simpler life. I did some real estate investments and ran a dive shop and always lived within my means. In 2011 I got married to a lovely French girl I met in Thailand. In 2011 also, I sold my assets in Thailand and bought/rehabbed a 2-unit house (duplex) with my wife in Philadelphia (she entered under the visa wavier). We used the rents from this investment property to fund a 1-year stay in France where we did volunteer projects and I learned more about my wifes country (we are still here). It was something I said I'd do before our planned move to the USA.

Now, I have not filed US taxes since 2002. Legally if you have no US income and your international income is low enough, you do not need to file. I did file in Thailand, but Thai wages are incredibly low (less than $10,000/yr).

I have no job lined up for my return to the USA, but have some informal offers from old co-workers. I also plan to continue rehabbing properties. I own our current investment property free and clear and it's value should be about $110,000. We also have about $8000 in bank accounts which will last us until I find work.

Reading over some other posts here, I fear that I may not qualify. My wife and I both live by simplistic ideals. We don't buy things we cant afford, we grow our own food, and we always live within our means. However, these types of things don't count when filing forms. I've found that out the hard way trying to get a mortgage. I don't want to own my house free and clear, I just can't get financed despite excellent credit.

Do you think with a $110,000 investment property (not my primary residence) and no job and no tax returns for 3 years I will qualify? If not, what are we to do?

Thanks. I am glad I found this forum. It's so much easier to relate to real people than the recorded messages at the USCIS. ;-)

-Rick

Assets can be used but they must be 3X the required amount, so if your rental property is actually appraised at $110,000 then you have $36,666.66 in assets which is well above the 125% poverty level. I would go and file your last three years worth of income taxes as the USCIS expects to see an income tax return unless you can quote the IRS code which states your are not REQUIRED to file an income tax return. It might just be easier to file the return so you have it and order tax transcripts from the IRS. Yes, you do not owe any taxes, but in the eyes of the USCIS you are still REQUIRED to file a tax return. Or you can try to find a co-sponsor willing to sign the I-864.

Legally you are required to FILE a tax return every year as a USC or LPR on worldwide income. You may not OWE taxes unless you make a lot of foreign income or have a large income from investments. It is this requirement to FILE that the USCIS will insist you provide your tax returns.

Good luck,

Dave

Edited January 22, 2013 by Dave&Roza

[rickjames8 0]

Legally you are required to FILE a tax return every year as a USC or LPR on worldwide income. You may not OWE taxes unless you make a lot of foreign income or have a large income from investments. It is this requirement to FILE that the USCIS will insist you provide your tax returns.

Dave-

Thanks for the advice. I will file for 2010 and 2011 at the same time I file my 2012 (I have rental income). Is it legal to back-file like that? Do I need to pay any late fees for missing the April 15th deadline those 2 years?

-Rick

[Darnell 8,478]

you can back file for up to 3 years prior, with no penalties assessed, from what I understand.

[Villanelle 4,122]

What exactly is your question? Are you going to be filing for a spousal visa for your wife and youre trying to see if youre going to meet the financial requirements? The intent to establish domicile requirements?

Re- not filing taxes. If youre a USC youre required to file a tax return as long as you are alive unless you meet certain conditions. One being as you stated, you do not earn any income, or if you were married and your income was less than $19,000. (You can check the IRS website for specific regulations). IF you were not required to submit tax returns, theres no need to file back returns to file the 864. All you do is attach a statement stating "I was exempt from filing tax returns for the years xyz because of the following reasons blah blah blah, therefore none are attached and no income is listed" end of issue. If you were NOT exempt, then you can not attach said letter and you must go back and file the returns you failed to file in order to now file form 864.

Re- not having income for form 864. IF you do not have income or income amounting to 125% of the poverty guidelines you can submit a co-sponsor OR submit proof of having assets to make up for the deficient income. See the instructions for the types of assets that qualify and how they specifically convert. As the above poster mentioned they are calculated at a rate of 3X the required amount. You would need proof of the properties value. You need to provide documents showing a professional appraisal of the property, as well as any mortgage or liens on the property, so if you dont own it outright, or theres a lien, it counts against the value. Also the problem you may have is that real estate is not a very liquid asset in this economy, so the "value" of your property is functionally $0 if you cannot sell it.

If all that is on your 864 is a home that converts to apx 36k in 'questionable' liquidness and you have no prior tax returns as you have not worked in years, no current job, no pending job and you are under no job contract for the future, it is highly unlikely you will be approved w/o a co-sponsor.

You need to find someone to co-sponsor. They do not have to be of any relation to you or your wife. They just have to meet the requirements (be able to support themselves, their dependents and your wife)

[raheelp 0]

hey all - to piggy back on this discussion - is it pointless to back file from 2011/2010 when you earned no income, literally filing 0? I have printed out the 2010 and 2011 tax forms in case I should file but I'm wondering what's the point...? Should I instead just write a letter explaining the situation? Or I could include the '10 '11 forms filled out but that were not filed..? Or I could file. I just wonder what the point is when I didn't have an income to speak of those 2 years living outside the US.

thanks everyone.

[Villanelle 4,122]

If you were legally exempt from filing then it is perfectly acceptable to write a letter and quote the IRS statue that exempted you from filing. (you can find the statue that exempted you from the IRS website- if you need help wording a letter or cant find the statue that applies to you, post back and someone will assist you)

In the above scenario you would fill out 0 for your income on the respective lines on the 864 and attach a letter that roughly states- during tax years xyz I was exempt from filing because blah blah blah, I had no income, therefore no returns were filed and the 864 shows 0 on lines x y and and or z.

IF you check the statues and determine you were not exempt, you must file the returns and you can not write a letter claiming to be exempt when you werent.