i-864 questions

[lirpa11 16]

Hi, I have a couple of questions in relation to the I-864 (AoS) form

I have lived in Australia for almost 10 years, I am the USC and my husband is Australian.

1. The form asks if you are employed. would I say yes, and advise what I do for employment although it is in Australia? And then list $0 as the income since I will not be able to use it to sponsor my husband?

2. The form asks for asset totals. Do I list them all under my name (although they are jointly held by my spouse and me). Or would I list 50% of the assets under my name and then list 50% under my husband's name as the immigrant/beneficiary?

Thanks

[lirpa11 16]

Hi, can anyone help with these questions? I'm sure I am not the only person in my situation... I will keep on looking in prior threads as well...

Also, for proof of assets, the NVC would like 12 months worth of bank statements? Some of our bank statements are pages and pages long, surely they don't want books!? will less be sufficient or is that the requirement?

Thanks

[lirpa11 16]

http://www.visajourney.com/forums/topic/501036-need-help-filling-out-i-864-form-petitioner-filing-from-abroad/

http://www.visajourney.com/forums/topic/78529-i-864-foreign-income-question/

I have found the following so I will list that I am employed as an accountant, and then prepare a cover letter stating that my employment will cease once we relocate to the USA where I will need to obtain another job. I am also guessing that I will list USA as my domicile since I am already making plans to re-locate there...

As for the assets, since they are joint I will split them 50/50 and then total them back up.

[stephen.marlow 0]

Hi, can anyone help with these questions? I'm sure I am not the only person in my situation... I will keep on looking in prior threads as well...

Also, for proof of assets, the NVC would like 12 months worth of bank statements? Some of our bank statements are pages and pages long, surely they don't want books!? will less be sufficient or is that the requirement?

Thanks

I have not seen anywhere that they want 12 months worth of bank statements. I do know that assets must BE ABLE TO BE sold within 12 months. We just provided a page that detailed the account balance and had it stamped by the bank. Our immigration attorney said they don't want transaction statements. Again, we have not had our supporting docs assessed yet.

[stephen.marlow 0]

Hi, I have a couple of questions in relation to the I-864 (AoS) form

I have lived in Australia for almost 10 years, I am the USC and my husband is Australian.

1. The form asks if you are employed. would I say yes, and advise what I do for employment although it is in Australia? And then list $0 as the income since I will not be able to use it to sponsor my husband?

2. The form asks for asset totals. Do I list them all under my name (although they are jointly held by my spouse and me). Or would I list 50% of the assets under my name and then list 50% under my husband's name as the immigrant/beneficiary?

Thanks

I believe you only enter an amount if you intend on using the same income source in the US. For eg, you are currently employed by a US company in the US and your income will continue in the US. The will not accept Aussie ATO payment summaries or ATO docs. It all has to be US tax docs. The instructions state:

Do not submit any tax returns that you filed with any foreign government unless you claim that you were not required to file a Federal tax return with the United States government and you wish to rely on the foreign return solely to establish the amount of your income that is not subject to tax in the United States.

In your cover letter, explain your situation and advise you cannot submit W2 etc. Really dumb it down for them so there is no confusion as to your situation.

On this point, it is very important to note the following regarting the Tax transcript check box:

Residence outside of the United States does not exempt U.S. citizens or lawful permanent residents from filing a U.S. Federal income tax return.

This means, if you are a US citizen and even if you did not make any income in the US, you still need to declare your Foreign earned income (income earned in Australia as a perminant resident) by submitting a IRS form 1040 each year. If you haven't, don't stress, you can submit it now.

So no matter what you enter at the income question, you must provide a tax transcript for 2013 or if you were not required to file a federal income tax return under US law then you need to attach a written explanation.

If you have submitted last years 1040 but have not organised your tax transcript then get onto it now. I found it a nightmare to navigate and get issued. There is a 1hr wait time on the phone... aint no body got time for that.

Have you seen the instructions to the I-864? here is the link:

http://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf

I found it very helpful and I hope it makes it a little easier for you too.

S

[lirpa11 16]

Thanks and yea I have read that, and I have lodged US taxes while living abroad for the past ten years. I know my obligations there. I also know they don't want Australian taxes, and My income here does not count as it will cease.

I just wondered if I list that I am employed as an accountant, and say where, then list income as zero.

The instructions don't list examples, or different situations.the instructions are basic.

I think I will put that I am employed,.then list income as zero and explain in a cover letter.