Filing from Abroad- I864- unemployed or employed?

[lucybelle 453]

I got a checklist for my AOS saying I needed to show "proof of employment". On my original I864 I wrote I was employed with my school name (I'm a teacher) and the words COSTA RICA written in parenthesis thinking they would get that the school was in CR. Then for annual income I wrote "$0".

I have to send in another I864 because the checklist also included that my total income for 2012 was wrong (it wasn't ) so should I just change the Part 6 to "unemployed"? I thought it would be wrong to put "unemployed since 2011" since I've filed taxes for 2011, 2012 and will file soon for 2013, but obviously they don't understand I'm working outside the USA?

[Harpa Timsah 13,258]

How is your income zero if you are working?

[lucybelle 453]

It's $0 because it's abroad and won't continue in the USA. I'm using assets to prove support.

[Harpa Timsah 13,258]

Right, I get that it doesn't count, but it's still not zero. I think the problem might be that the picture of your life is incomplete, part is filled out, part is not.

[aaron2020 11,651]

Income that does not count for the I-864 does not mean you do not have an income. Fix your I-864.

[lucybelle 453]

I'm not trying to be ungrateful or cynical, but did either of you file from abroad and know this from experience?

[pushbrk 13,001]

Indicate unemployed with zero income. You can add a note that your income will not continue. No, those folks are not speaking from experience, and they do NOT understand the I-864 instructions. Under current income, (See part 6.5 of the instructions.) you are instructed to enter the total income YOU ARE USING TO QUALIFY.... Since you are using none of your income to qualify, it is correctly entered as zero already. Since your employment will not continue from the same source, it is unintuitive but correct to indicate "unemployed".

Send them a new I-864 with a note explaining your current employment will end when your spouse immigrates.

Not sure why they think you entered the wrong income from past tax returns. If you filed a 1040, they are looking for the number on line 22. If you filed a short form (1040EZ etc.) they are looking for the adjusted gross income. What did you give them?

[lucybelle 453]

Indicate unemployed with zero income. You can add a note that your income will not continue. No, those folks are not speaking from experience, and they do NOT understand the I-864 instructions. Under current income, (See part 6.5 of the instructions.) you are instructed to enter the total income YOU ARE USING TO QUALIFY.... Since you are using none of your income to qualify, it is correctly entered as zero already. Since your employment will not continue from the same source, it is unintuitive but correct to indicate "unemployed".

Send them a new I-864 with a note explaining your current employment will end when your spouse immigrates.

Not sure why they think you entered the wrong income from past tax returns. If you filed a 1040, they are looking for the number on line 22. If you filed a short form (1040EZ etc.) they are looking for the adjusted gross income. What did you give them?

Thank you for your response!!!

I wrote a pretty detailed cover letter saying "I work/live abroad, I wrote the school where I work and labeled it COSTA RICA, and I wrote $0 because the employment will NOT continue" etc etc.

For 2012 I filed a 1040 and wrote the total income in the line. The number is NOT wrong. I think maybe they think it's wrong because the adjusted gross income is the same number? I also think maybe they're confused because it's a negative number (since I work abroad). So also in the cover letter I explained that I have a negative total income, but it is indeed the total income. And I'm highlighting total income on the tax transcript so they can see that.

Also, just for kicks and giggles I explained I haven't filed my 2013 taxes yet because I live abroad and get an automatic 2 month extension. I said I'd do them in May and bring the transcripts to the interview.

Do you think this is enough info for them? I really hate that they keep screwing things up and slowing down my case.

[pushbrk 13,001]

If by "total income", you mean the number on line 22 of the 1040, then you've given the number that would be correct for everybody else, so not sure why it wouldn't be the right number for you. If you correct the i-864 with regard to employment, I expect you'll be OK. If not, you'll need to call and have your file reviewed by a senior person.

[lucybelle 453]

If by "total income", you mean the number on line 22 of the 1040, then you've given the number that would be correct for everybody else, so not sure why it wouldn't be the right number for you. If you correct the i-864 with regard to employment, I expect you'll be OK. If not, you'll need to call and have your file reviewed by a senior person.

I don't have my 1040 but on the tax transcript (which is what I sent in with the AOS) total income is listed. That's the number I used. I don't know why they'd think it's wrong when it's listed on the transcript as "total income".

[pushbrk 13,001]

If it's a "tax return transcript", then yes, that would be the same as line 22 on the 1040.

Edited April 12, 2014 by pushbrk

[lucybelle 453]

Yes it's a tax return transcript.

Thank you so much for your help! It's hard to find info about filing from abroad, I feel like there should definitely be a subsection for it.

[NikLR 13,230]

There likely should be a wiki for it.

[LoveExile 27]

I'm not trying to be ungrateful or cynical, but did either of you file from abroad and know this from experience?

My colleague and I both live in Holland (he has a Dutch wife and I have an Austrian husband). He was about six months ahead of me in the IV process, so he was able to share with me what to do in our unique situation (filing from abroad).

He indicated that he was employed and put his annual income on the I-864, and then attached a continuation sheet explaining that it was foreign-earned income and that he was meeting the income requirement with savings. He didn't get any checklists, and he said the consulate in Amsterdam didn't have any complaints about the form. His thought was that it was better not to lie on the form, and it worked out for him. I'm in the exact same situation as him, so I also did this for my I-864.

It might also depend on the embassy/consulate. As long as you attach a continuation sheet to explain it, I suspect either approach will work.

[AmandaLane102 3]

Indicate unemployed with zero income. You can add a note that your income will not continue. No, those folks are not speaking from experience, and they do NOT understand the I-864 instructions. Under current income, (See part 6.5 of the instructions.) you are instructed to enter the total income YOU ARE USING TO QUALIFY.... Since you are using none of your income to qualify, it is correctly entered as zero already. Since your employment will not continue from the same source, it is unintuitive but correct to indicate "unemployed".

Send them a new I-864 with a note explaining your current employment will end when your spouse immigrates.

Not sure why they think you entered the wrong income from past tax returns. If you filed a 1040, they are looking for the number on line 22. If you filed a short form (1040EZ etc.) they are looking for the adjusted gross income. What did you give them?

I am in a similar situation and appreciate your advice - however, biographical sheet G-325a that I submitted with my I-130 I listed my current employment abroad. Will NVC compare the G-325a information with the I-864 information and notice a discrepancy if I claim I am unemployed?

My colleague and I both live in Holland (he has a Dutch wife and I have an Austrian husband). He was about six months ahead of me in the IV process, so he was able to share with me what to do in our unique situation (filing from abroad).

He indicated that he was employed and put his annual income on the I-864, and then attached a continuation sheet explaining that it was foreign-earned income and that he was meeting the income requirement with savings. He didn't get any checklists, and he said the consulate in Amsterdam didn't have any complaints about the form. His thought was that it was better not to lie on the form, and it worked out for him. I'm in the exact same situation as him, so I also did this for my I-864.

It might also depend on the embassy/consulate. As long as you attach a continuation sheet to explain it, I suspect either approach will work.

Hello, I read on your timeline that you ended up receiving a checklist for I-864 - can you please inform what the error was and if it had anything to do with what you stated above? Thanks!!