I-864 and foreign earned income

[InsanelyOne 8]

I have worked for the same US-based company for 10 years and earn well above the minimum required for supporting my husband (he's here on a K-1). However, I was not living in the US at the time. I was living in the Dominican Republic with my then-fiancé. As such, my income was considered foreign-earned thus reducing my taxable income. We just got notice via email that we will be receiving an RFE in the mail related to the I-864. I can only imagine that it's because they consider my taxable income as my actual income. I continue to work for the same company now that we are in the States. I've had stable non-stop employment for 10 years now and find it frustrating if they are going to consider my taxable income instead of my true salary when determining my financial viability.

Anyone have any insight?

[Joshua@Tinz 52]

I can tell you what I did, but you are not going to like it......I amended my last three years returns and dropped my foreign earned income tax exemption, now I owe the IRS about $45,000, but you can put off payment for 3 months, then pay the minimum and amend again using the FEI exemption once your significant other is here, they may audit you which is fine in cases such as ours, since a passport is enough proof to get it all cleared up and get back any money you paid in. Good luck, if anyone has a better plan I would love to hear it, I spent many hours pouring over VJ and other sites looking for a solution.

The simple fact is that NVC only looks at line 31 on your tax return and nothing else, even though you made a lot of money outside the USA, on line 31 all that money you made is subtracted

[InsanelyOne 8]

Yikes. That sounds awfully drastic. Was not a joint sponsor a solution?

[Penguin_ie 5,993]

Your case is relatively rare, with the foreign income continuing once you are in the USA. I am guessing they didn't "understand" your I-864, and will want more documentation. When you sent it the first time, did you include recent paystubs from when you are back in the USA, as well as a letter from your employer stating salary and that the job is long term?

[InsanelyOne 8]

Penguin, I did send my W2's and Tax Returns and did make it clear that my employment continued with the same company upon my return to the US. I guess I will have to send even more documentation to make it that much more clear.

[Joshua@Tinz 52]

The problem is simple, the solution is complicated.

NVC and all the other powers that be (except the IRS) are ONLY going to look at you AGI which appears on line 31 of your tax return, and this number is the sum of all the money you made minus your foreign earned income if you made over $95,000,If you made under $95k then it is probably a negative number, now you can fight it all you want, send dump trucks full of evidence if you like, it will not matter, they are going to look at 1 line and 1 line only, sure a joint sponser is an option, I spoke with an IRS agent at length and followed his instructions to the T, and I will get back any money I paid already and re-amend my taxes here in about 1 month.

From all my research here on VJ and all over the internet, and from lawyers the only 2 viable options are amending and co-sponsers, that is all you have that I know of. Good luck I hope yours goes as smoothly

Edited March 26, 2016 by Joshua@Tinz

[InsanelyOne 8]

Thanks Joshua for your well thought out response and advice. I'll let you know how it all works out.

[Anh map 2,098]

W2's and tax returns show past income.

You "making it clear" doesn't carry much weight.

What did you submit to document your current and continuing income? Recent paystubs and an employer letter should be all that's needed if you are not self employed.

[InsanelyOne 8]

I submitted my last 3 years tax returns, 6 months of paystubs, and a letter from my employer indicating my salary and history of employment. Sadly, none of it seems to matter. I'm going to have to get a co-sponsor because they claim I don't meet the income requirements (on account of the foreign earned income).

Edited March 29, 2016 by InsanelyOne