Form I-864 Affidavit of support???

[Michael_88 6]

My brothers fiancé who is a U.S. citizen has filed a k-1 fiancé visa for him. I will be stepping in as a joint sponsor but my question is the forms ask for your three most recent tax returns. She was living abroad for the past four years and hasn't filed anything as she wasn't employed in the U.S. As of last year she has been employed in the states. Should she send a letter to accompany my brother stating why she doesn't have any recent tax returns along with I-864 form, current job letter and recent pay stubs? Is it required for her to do her taxes before he goes for his interview?

What should my brother bring to his interview to avoid any delays or even a visa denial in respects to his case? I will be a joint sponsor for him, will this be of much help? What are his options at this point? His interview is next Feb 6 2015. Answers would be great thanks!

[mariedarragh 3]

Hi michael, I think she is in a similar position to my husband. I recently asked a similar question and was advised he should file. Foreign income should be exempt but should be declared even if you are not resident. Taxesforexpats.com was recommended to us. My post is a about 4 posts down from yours

[Nich-Nick 3,354]

My brothers fiancé who is a U.S. citizen has filed a k-1 fiancé visa for him. I will be stepping in as a joint sponsor but my question is the forms ask for your three most recent tax returns. She was living abroad for the past four years and hasn't filed anything as she wasn't employed in the U.S. As of last year she has been employed in the states. Should she send a letter to accompany my brother stating why she doesn't have any recent tax returns along with I-864 form, current job letter and recent pay stubs? Is it required for her to do her taxes before he goes for his interview?

What should my brother bring to his interview to avoid any delays or even a visa denial in respects to his case? I will be a joint sponsor for him, will this be of much help? What are his options at this point? His interview is next Feb 6 2015. Answers would be great thanks!

If he is a fiancé, then the form is I-134 and I don't think it asks for 3 years of returns. However, once married the next application requires another Affidavit of Support Form I-864 which is stricter and does require info from 3 years of tax returns.

So the answer-

Any American is required to file a US tax return if they earn over the minimum filing limit anywhere in the world.

Example

2011, Single...file if earnings were over $9,500

2012, Single...file if earnings were over $9,700

So if her job paid more than that in any country (converted to USD) then she has to file back tax returns. No way around it if she wants her fiancé to live in America. There is a foreign income exclusion (Form 2555) so she may not actually owe anything, but she had to file based on her income amount.

If she earned no income abroad, or not enough, then she would not have to file. Same as if she lived in the USA and didn't earn. In that case a statement from her saying "In 2011 I earned $xxx.xx and thus did not meet the income level required to file a tax return." Only a valid reason for not filing gets accepted. Living in another country isn't a valid reason.

[Michael_88 6]

Sorry, I'm mixing up the forms lol. So at this time she can basically file her 2013/2014 income taxes to accompany form I-134? Will that suffice until she has to file form I-864 after the marriage takes place? Your advice is greatly appreciated!

If he is a fiancé, then the form is I-134 and I don't think it asks for 3 years of returns. However, once married the next application requires another Affidavit of Support Form I-864 which is stricter and does require info from 3 years of tax returns.

So the answer-

Any American is required to file a US tax return if they earn over the minimum filing limit anywhere in the world.

Example
2011, Single...file if earnings were over $9,500
2012, Single...file if earnings were over $9,700

So if her job paid more than that in any country (converted to USD) then she has to file back tax returns. No way around it if she wants her fiancé to live in America. There is a foreign income exclusion (Form 2555) so she may not actually owe anything, but she had to file based on her income amount.

If she earned no income abroad, or not enough, then she would not have to file. Same as if she lived in the USA and didn't earn. In that case a statement from her saying "In 2011 I earned $xxx.xx and thus did not meet the income level required to file a tax return." Only a valid reason for not filing gets accepted. Living in another country isn't a valid reason.

[Michael_88 6]

Hi Marie,

So has your husband since used the help of Taxesforexpats.com? What has been the outcome for you two at this point? Can her taxes be done now or do we have to wait until the next U.S. tax season for her to file? I'll definitely check out your previous post.

Hi michael, I think she is in a similar position to my husband. I recently asked a similar question and was advised he should file. Foreign income should be exempt but should be declared even if you are not resident. Taxesforexpats.com was recommended to us. My post is a about 4 posts down from yours

[Nich-Nick 3,354]

Sorry, I'm mixing up the forms lol. So at this time she can basically file her 2013/2014 income taxes to accompany form I-134? Will that suffice until she has to file form I-864 after the marriage takes place? Your advice is greatly appreciated!

For a fiancé visa, the I-134 does not have written into the law or the instructions what must be presented as evidence. But each consulate will tend to have what they expect to see. I only know London which will approve without seeing any tax return.

You should look into the regional forums and ask what people who have experienced the same consulate know about what is typically accepted. Or click on "Reviews" in the menu bar and see if the reviews of that consulate provide any clues. Find people who have experience over ones who haven't even done the interview yet. This website tends to list a boat load of things "required" to cover the worst case scenario anywhere in the world and people who have read the guides will spout off the list. However local practice might be quite easy.

As far as doing the tax return. It isn't that difficult for a simple return like a young person likely has. Do you have any experience doing taxes to give it a try? The back year forms and instructions are on the IRS website. Form 1040 is required, over the short forms, to take the foreign income exclusion because it is subtracted out on Line 21 which is not found on the 1040A for example. The exclusion is Form 2555EZ.

Foreign income is self reported. There is no W2 to send in. It is converted to US$ at the conversion rate at the time earned. oanda.com has historical conversion rates. No taxes have been held out and paid into the IRS (like a US job) so nothing to put in those blanks. She probably doesn't have investments so no Schedule D and the more complicated tax things older people need.

She can mail in a late paper return at anytime. There is no penalty unless she owes the IRS money. With the foreign income exclusion, she probably owes zero.