I-864 AOS, #22-23 & #25

[Milagrito 1]

So I am getting ready to turn in my AOS (I-864) packet and I am re-checking everything. I just want some confirmation for the choices I am making.

For questions #22-23 concerning Sponsor's employment:

I put my employment in Colombia for #22, but I put $0 for #23 since the income I earn in Colombia cannot count as income to sponsor someone.

Should I not even put my employment in Colombia for #22?

Let me give some background for question #25 concerning taxes filed:

I filed taxes for the money I earned in the US in 2009.

I worked abroad in 2010, but earned less than the requirement to file taxes as married filing separate ($3650) so I DID NOT file taxes in 2010.

I worked abroad in 2011 and earned over the minimum as married filing separate so I filed taxes for my earnings abroad.

Specific questions for #25:

1) I did not check the first box because it says:

I have filed a Federal tax return for each of the three most recent tax years.....

2) I filled out my earnings for 2009-2011, putting $0 for money earned abroad since that is not counted in your gross adjusted income.

3) I also did not check the second box because it says:

I have attached photocopies or transcripts.....for my second and third most recent tax years.

Will they say I have an error by not checking the boxes even though I have attached two years of tax transcripts and proof for not filing the other year?

I know these are really specific questions, but the directions for the I-864 are horrible especially for those of us living and working abroad.

[Roosha 51]

I know these are really specific questions, but the directions for the I-864 are horrible especially for those of us living and working abroad.

Tell me about it. Hope you get an answer soon as I also need this information!

[Villanelle 4,122]

So I am getting ready to turn in my AOS (I-864) packet and I am re-checking everything. I just want some confirmation for the choices I am making.

For questions #22-23 concerning Sponsor's employment:

I put my employment in Colombia for #22, but I put $0 for #23 since the income I earn in Colombia cannot count as income to sponsor someone.

Should I not even put my employment in Colombia for #22?

??? Why would you list your current income as 0? You list your current income as whatever it is. They will determine that it is not elgible to be used because it is not US based income. You still list what it is though. So if you earned 30k list 30k, If you earned 100k list 100k. If you earned 15k list 15k etc.

Let me give some background for question #25 concerning taxes filed:

I filed taxes for the money I earned in the US in 2009.

I worked abroad in 2010, but earned less than the requirement to file taxes as married filing separate ($3650) so I DID NOT file taxes in 2010.

I worked abroad in 2011 and earned over the minimum as married filing separate so I filed taxes for my earnings abroad.

Specific questions for #25:

1) I did not check the first box because it says:

I have filed a Federal tax return for each of the three most recent tax years.....

2) I filled out my earnings for 2009-2011, putting $0 for money earned abroad since that is not counted in your gross adjusted income. this I dont understand what you mean. You put 0 where? You should have 3 lines 2009 2010 2011. On each line you would list what your tax return states your adjusted gross income was for the year. 2010 you had no tax return so that would be zero, 2009 you stated you worked in the US, so you should have a number there on your taxes, does your 2011 taxes show anything as adjusted gross income? If so- enter it on the line.. If not enter 0.

3) I also did not check the second box because it says:

I have attached photocopies or transcripts.....for my second and third most recent tax years.

If you didnt file a tax return for the last 3 years you dont check the box that says 'I filed a tax return for the last 3 years'. So you are correct to NOT check it. If youre NOT attaching copies of your tax returns for the last 3 years you do NOT check the box that says 'I am attaching copies of my tax returns for my second and third most recent years'. So again, you are correct to not check it.

Will they say I have an error by not checking the boxes even though I have attached two years of tax transcripts and proof for not filing the other year?

I know these are really specific questions, but the directions for the I-864 are horrible especially for those of us living and working abroad.

What you do need to send is a letter explaining why you were exempt from filing a tax return for the year 2010. Theres no errors. There is no box to check to state- I filed 2 out 3 years and am attaching a letter.

Edited January 26, 2013 by capri

[Roosha 51]

2) I filled out my earnings for 2009-2011, putting $0 for money earned abroad since that is not counted in your gross adjusted income. this I dont understand what you mean. You put 0 where? You should have 3 lines 2009 2010 2011. On each line you would list what your tax return states your adjusted gross income was for the year. 2010 you had no tax return so that would be zero, 2009 you stated you worked in the US, so you should have a number there on your taxes, does your 2011 taxes show anything as adjusted gross income? If so- enter it on the line.. If not enter 0.

When you work overseas and meet certain requirements you can claim your income as foreign income and it is therefore not taxable. So, even if you've worked and made money (up to $92,000) then the line on your tax return that states your adjusted gross income is 0. Therein lies a bit of the confusion, b/c you did make money, but that money is not taxable so according to the IRS you made nothing. But does immigration also agree that you made nothing? Or should you put how much you made?

[chaine1 116]

Therein lies a bit of the confusion, b/c you did make money, but that money is not taxable so according to the IRS you made nothing. But does immigration also agree that you made nothing? Or should you put how much you made?

I put zero on mine. It felt weird and I questioned it too. But they will see from the tax transcripts and pay stubs (if you have them) that yes, you did earn income.

As income earned abroad, I don't even think the consular officers really consider any of your financial information, apart from proving you've filed taxes. It's far more important that you have a co-sponsor.

[pushbrk 12,882]

So I am getting ready to turn in my AOS (I-864) packet and I am re-checking everything. I just want some confirmation for the choices I am making.

For questions #22-23 concerning Sponsor's employment:

I put my employment in Colombia for #22, but I put $0 for #23 since the income I earn in Colombia cannot count as income to sponsor someone.

Should I not even put my employment in Colombia for #22?

Let me give some background for question #25 concerning taxes filed:

I filed taxes for the money I earned in the US in 2009.

I worked abroad in 2010, but earned less than the requirement to file taxes as married filing separate ($3650) so I DID NOT file taxes in 2010.

I worked abroad in 2011 and earned over the minimum as married filing separate so I filed taxes for my earnings abroad.

Specific questions for #25:

1) I did not check the first box because it says:

I have filed a Federal tax return for each of the three most recent tax years.....

2) I filled out my earnings for 2009-2011, putting $0 for money earned abroad since that is not counted in your gross adjusted income.

3) I also did not check the second box because it says:

I have attached photocopies or transcripts.....for my second and third most recent tax years.

Will they say I have an error by not checking the boxes even though I have attached two years of tax transcripts and proof for not filing the other year?

I know these are really specific questions, but the directions for the I-864 are horrible especially for those of us living and working abroad.

Simply answer the questions as they are asked. There is no question addressing the country in which you earned the income. Let THEM not count the income because it won't continue from the same source. When asked about income from past tax returns, state it and include the returns, then let them read how much of the income was subject to the foreign income exclusion. Focus on accurate answers to the actual questions. Don't change the questions to suit how you think they are going to evaluate the answers. Let THEM do THEIR job. You do yours.

For 2010, you'll simply hand write "Not required to file. Income too low."

Edited January 27, 2013 by pushbrk

[Villanelle 4,122]

I do understand what youre saying. But the OP stated in 2009 they worked in the US. so for 2009 they should have something on their taxes as adjusted gross income, therefore 2009 should not be displaying a zero. (if they filled out 0 for all 3 years, they filled it out incorrectly- it might not matter as theyre not going to qualify since their income is not US based and will probably be using a co-sponsor but its still wrong)

For the purposes of the 864- For question 25, you list the last 3 years, you refer to your taxes, depending on what tax form you used 1040 or 1040ez, you would refer to respective line on the tax form that shows 'adjusted gross income' and copy the amount listed there on to the 864. So if on your taxes it says 0 because you worked overseas, then on the 864 you list 0.

For the top section question 22-23 You enter your current income, even if its from a foreign source. They will see its foreign based because you also submit proof of it. They will disqualify it.

So I guess the answer to "does immigration also agree that you made nothing?" is a it depends. Your current non US based earning are not eligible for sponsorship. But your work history is not ignored. They ask for your past to see if youre established. Your past is an indication of your future ability to earn and maintain your income. Perhaps if youve held the same job for many years and have been transferred overseas during that time, your taxes will show partial US income and partial foreign income. You could attempt to submit a letter or a letter from your employer with your 864 stating your job will remain the same/ same company but you will be US based and will no longer take you overseas and your future income will be US based. But it would be a judgement call on the part on the person reviewing it, if they feel thats likely or not likely. (since you were overseas in the past, how likely is it you will go over again- if you do, your income will no longer be US based and you no longer qualify) As the affidavit is in effect for a potentially long period of time (40 ss quarters or until the immigrant obtains citizenship which can be 3-5 yrs) and any document created for the purpose of a petition is viewed with skepticism. (a job contract stating your job is locked in with pay over the poverty levels for the next 5-10 years with no out of the US travel would be +++ but doubtful any company would give you such)

[pushbrk 12,882]

I do understand what youre saying. But the OP stated in 2009 they worked in the US. so for 2009 they should have something on their taxes as adjusted gross income, therefore 2009 should not be displaying a zero. (if they filled out 0 for all 3 years, they filled it out incorrectly- it might not matter as theyre not going to qualify since their income is not US based and will probably be using a co-sponsor but its still wrong)

For the purposes of the 864- For question 25, you list the last 3 years, you refer to your taxes, depending on what tax form you used 1040 or 1040ez, you would refer to respective line on the tax form that shows 'adjusted gross income' and copy the amount listed there on to the 864. So if on your taxes it says 0 because you worked overseas, then on the 864 you list 0.

For the top section question 22-23 You enter your current income, even if its from a foreign source. They will see its foreign based because you also submit proof of it. They will disqualify it.

So I guess the answer to "does immigration also agree that you made nothing?" is a it depends. Your current non US based earning are not eligible for sponsorship. But your work history is not ignored. They ask for your past to see if youre established. Your past is an indication of your future ability to earn and maintain your income. Perhaps if youve held the same job for many years and have been transferred overseas during that time, your taxes will show partial US income and partial foreign income. You could attempt to submit a letter or a letter from your employer with your 864 stating your job will remain the same/ same company but you will be US based and will no longer take you overseas and your future income will be US based. But it would be a judgement call on the part on the person reviewing it, if they feel thats likely or not likely. (since you were overseas in the past, how likely is it you will go over again- if you do, your income will no longer be US based and you no longer qualify) As the affidavit is in effect for a potentially long period of time (40 ss quarters or until the immigrant obtains citizenship which can be 3-5 yrs) and any document created for the purpose of a petition is viewed with skepticism. (a job contract stating your job is locked in with pay over the poverty levels for the next 5-10 years with no out of the US travel would be +++ but doubtful any company would give you such)

I didn't suggest zero for 2009 or any other year. Income that isn't counted is still income. It's just not going to help you qualify.

[Milagrito 1]

Thanks everyone! I know I can over-think things sometimes and your advice REALLY helped!