Filling out I-864 -- Advice

[schinx87 1]

Hello everyone!

I need some advice about this form -- and I figured other DCF filers may have some similar experiences. I have read through many forums & can't seem to find enough information for our exact info/questions.

Here are the facts

-Filing in Frankfurt

-I'm the USC Petitioner, filling for my German hubby

-I-130 has been approved (and we're almost done with the DS-260 & are getting ready to submit the Package 3)

-I've worked in Germany the last 5 years, and have filed my USA taxes accordingly. My job will NOT continue in the USA.

-My mother will be the joint petitioner. She fulfills the income requirements by herself.

-I wrote the visa division about the questions below, and the referred me to the instructions (haha--I haven't read those about a 100 times now, haven't I?)

Now that you know the details...I'm getting stuck on the following points while filling out the forms:

For my (petitioner) form:

1) Part 6, Question 5 (Current Individual Annual Income): I've read conflicting advice on how to fill this out. Some say to put 0$. Some say -- put the current salary, and then add a note about those circumstances -- this also shows earning potential, regardless of if the income will stay or not. How did you guys handle this? How did you calculate? Gross or Net estimate?

2) Part 6, Questions 13, a, b & c (Adjusted Gross Income): As I've filed the last 3 years in Germany, this line is obviously being balanced somehow with the Foreign Income Exclusion. Did you simply enter the numbers here, directly from the adjusted gross income line on the tax return?

For the joint petitioner's form:

3) My mom earns enough money to sponsor my husband by herself. However, she files joint tax returns with my father. I thought at first, since their names are on both documents, I should have my dad fill out the I-864a, but both forms CLEARLY stipulate that other household members do not need to add their income if the petitioner earns enough. Does it make a difference here that my parents file their taxes jointly? I figure note, as the W-2s must be sent in addition to these forms -- where one could clearly see which income is coming from which person.

4) It says that "proof" of current individual annual income is not required, and must only be given if the consular officer asks for this. Anybody have experience here?

Thank you for your advice or any similar experiences you are able to share

Best,

Schinx

[maeve808 5]

1) I have also read that you put zero income if the income does not continue in the U.S. Maybe you can put zero on the form and attach a note and explain what your current income is (like this they will be aware of your earning potential, but the form will be filled out correctly). My situation is different because I have an online business, so my income continues in the U.S. Regarding gross or net income it says this in the instructions: "For purposes of this affidavit, the line for gross (total) income on IRS Forms 1040 and 1040A will be considered when determining income."

2) I have read before that you can only list U.S. sourced income here, but I'm not sure. In my case it was U.S. based income that I listed here (I was still living in the U.S. at that time). For total income I put the figures that are listed on the 1040 line 22 (total income).

3) Can't answer this question because I'm not using a co-sponsor and haven't researched how this works.

4) Yes, it says that proof is not required. But I included proof anyway to be on the safe side. I made copies of my business bank account statements and highlighted earnings. I don't have employer pay stubs because I'm self-employed, so I saw this as the only way to show evidence of current income.

[Confusedtinybird 41]

3. When I asked this question I was told I do NOT need my mother to do a I-864a as my father makes enough even though they file their taxes jointly.

[denali54 0]

Hi Schinx87,

Could you maybe share your results from the I-864, especially what you ended up providing for your questions #1, 2 & 4? I am filling the form, and have the same questions.

Cheers!

[schinx87 1]

Hi Schinx87,

Could you maybe share your results from the I-864, especially what you ended up providing for your questions #1, 2 & 4? I am filling the form, and have the same questions.

Cheers!

Hey Denali --

My biggest success was when I quit over analyzing the form (as you can see from my questions above, I had a lot on my mind!) I think I was worried how my numbers might "look" and how it could potentially negatively influence our application...but it was totally fine.

Basically, I simply answered the questions as they were -- so for my point in 1) I put my actual current income, as earned here in Germany, truthfully. I also submitted my recent pay stubs. Nobody asked me at the consulate if my income would continue.

For my point in 2) I put the number of the exact line the instructions said to. (It wasn't a pretty number, but hey...following the instructions worked out for us!)

And for my question in 4) -- we did provide proof just to be on the safe side.

Long story short, I think our case was made stronger by having my parents be the co sponsors -- and more important by simply entering what the instructions say (Even if it looks like a bad number, due to foreign earned income).

I hope my answers help

Good luck!